HomeMy WebLinkAboutDrainage Construction Co Inc; 1994-07-21; 3432January 10, 1995
Drainage Construction Co., Inc.
1505 Sycamore Avenue
Vista, CA 92083
Re: Bond Release - CMWD Contract No. 93-403/Contract No. 3432 Construction of Ponto Sewer Main Realignment and Manhole Repairs
The Notice of Completion for the above-referenced project ha
recorded. Therefore, we are releasing 75% of the Performance Bonc Please consider this letter as your notification that $233,694.(
of Insurance Co. of the West Performance Bond No. 133-05-14 :
hereby released.
A copy of the recorded Notice of Completion is enclosed for yo1
records. &/* Assistant Ci Clerk
Enc.
c: Rita, Eng.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2E
P *
Recording requested by: )
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CITY OF CARLSBAD 1 ) ;I 4 rrl Y73
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City Clerk 1
City of Carlsbad )
Carlsbad, CA 92008 1
When recorded mail to: )
1200 Carlsbad Village Dr. )
Space above for Recorder’s Use
NOTICE OF COMPLETION
$!dice is hereby givsn that:
4 8. The unrie:signad is cwner of :!-le irileresi or est& staied beiow in ihe property hereinai‘ier
described. The full name of the undersigned is Carlsbad Municipal Water District, a municipal
corporation.
The full address of the undersigned is 5950 El Camino Real, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on
September 1, 1994. The name of the contractor, if any, for such construction is Drainage Construction Co.,
Inc. The property on which said work of improvement was completed is in the City of
Carlsbad, County of San Diego, State of California, and is described as follows: CMWD
No. 93-403, Contract No. 3432, Ponto Sewer Main Realignment and Existing Manhole
Repairs Project.
The street address of said property is east of San Diego northern railroad between
Poinsettia Lane and Encinas Water Pollution Control Facilities addressed as 6200 Avenida
Encinas, Carlsbad CA 92009.
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G-i-r‘ GF GAFiiS5,AD
dA wi LLiAM @%iii
District Engineer
VERI FI CAT1 0 N OF SECRETARY
I, the undersigned, say:
I am the Secretary of the Carlsbad Municipal Water District, 5950 El Camino Real,
Carlsbad, California, 92008; the Board of Directors of said District on
accepted the above described work as completed and ordered that a N2izof fompletion e
filed.
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I declare under penalty of perjury that the foregoing is true and correct.
Executed on )”-)+ 9 , 19 ?q at Carlsbad, California.
CARLSBAD MUNICIPAL WATER DISTRICT
i&@i%&*J Secretary
EXHIBIT 3
e e v. %?y$&
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CARLSBAD MUNICIPAL WAmR DISTRICT
CARLSBAD, CALIFORNIA
SAN DIEGO COUNTY
CALIFORNIA
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS c FOR
I AND EXISTING MANHOLE REPAIRS
PONTO SEWER MAIN REALIGNMENT
I CMWD PROJECT NO. 93-403
CONTRACT NO. 3432 I
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PEBRUARY 1994
CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL,
CARLSBAD, CALIFORNIA 92008
(619) 438-3367
3/1/94 Rev.
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I CARLSBAD MUNICIPAL WA'IER DISTRICT
B CARLSBAD, CALIFORNIA
SAN DIEGO COUNTY
CALIFORNIA
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I CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
II, FOR
I AND EXISTING MANHOLE REPAIRS
PONTO SEWER MAIN REALIGNMENT
1 CMWD PROJECT NO. 93-403
I CONTRACT NO. 3432
a FEBRUARY 1994
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CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD, CALIFORNIA 92008
(619) 438-3367
3/1/94 Rev.
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TABLE OF CONTENTS 1
B Item Pape
NOTICE INVITING BIDS ........................................... 1
CONTRACTOR’S PROPOSAL 5
DESIGNATION OF SUBCONTRACI’ORS .............................. 10
AMOUNT OF SUBCONTRACTORS’ BIDS ............................. 11
EQUIPMENT/hUTERLAL SOURCE INFORMATION 12
BID SECURITY FORM ............................................ 13
BIDDER’S BOND ................................................. 14
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY 16
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 17
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NON-COLLUSION AFFIDAVIT ...................................... 18
CONTRACT . PUBLIC WORKS ..................................... 20
LABOR AND MATERIALS BOND 28
FAITHFUL PERFORMANCErnARRANTY BOND ...................... 30
PURCWBSmG DEPARTMENT REPRESENTATION & CERTIFICATION .... 32
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION ................................. 33
RELEASE FORM 37 I SPECIAL PROVISIONS ............................................ 38
TECHNICAL SPECIFICATIONS ..................................... 48
APPLICABLE SAN DIEGO AREA REGIONAL STANDARD DRAWINGS 60
lCARLSBAD STANDARD SEWER SYSTEM DESIGN CRITERIA AND
STANDARD DRAWINGS & SPECIFICATIONS 61
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I' CARLSBAD MUNICIPAL WATER DISTRICT
CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall 1200 Carlsbad
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 21st
day of A~ril , 19% at which time they will be opened and read, for
performing the work as follows:
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i CONTRACTNO. 3432
I AND EXISTING MANHOLE REPAIRS
FOR CONSTRUCTION OF POW0 SEWER MAIN REALIGNMENT
CMWD PROJECT NO. 93-403
The work shall be performed in strict conformity with the specifications as approved by the
Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on file
with the District Engineering Department. The specifications for the work include the latest
revised edition of the Carlsbad Standard Sewer System Design Criteria and Standard
Drawings & Specifications , and Standard SDecifications of Public Works
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designated
"SSPWC", as issued by the Southern California Chapter of the American Public Works
Association and as amended by the special provisions sections of this contract. Reference
is hereby made to the specifications for full particulars and description of the work.
The Carlsbad Municipal Water District encourages the participation of minority and
women-owned businesses.
The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers,
fabricators and contractors to utilize recyclable materials when available and where
appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by
law. The bidder's security of the second and third next lowest responsive bidders may be
withheld until the Contract has been fully executed. The security submitted by all other
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Section
22300), appropriate securities may be substituted for any obligation required by this notice
or for monies withheld by the District to ensure performance under this Contract. Section
22300 of the Public Contract Code requires monies or securities to be deposited with the
District or a state or federally chartered bank in California as the escrow agent.
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Notice Inviting Bids
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The documents which must be completed, properly executed and notarized are:
,- 1. Contractor's Proposal
.( 2. Bidder's Bond
3. Non-Collusion Affidavit
4. Contract
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All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities
are approximate and serve solely as a basis for the comparison of bids. The Engineer's 1 Estimate is $230,000.00
B In keeping with the Special Provisions, work shall be accomplished within thirtv (30)
calendar days. Liquidated Damages will be in the amount of $ 250.00 per day.
No bid shall be accepted from a contractor who is not licensed in accordapce with the
provisions of California state law. The contractor shall state their license number,
expiration date and classification in the proposal, under penalty of perjury. The following
classifications are acceptable for this contract:
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Class A
in accordance with the provisions of state law. I
If the Contractor intends to utilize the escrow agreement included in the contract
documents in lieu of the usual ten percent (10%) retention from each payment, these
documents must be completed and submitted with the signed contract. The escrow
agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad,
California, for a non-refundable fee of $20.00 per set. Carlsbad Standard Sewer Svstem
Design Criteria and Standard Drawings and Specifications
are available for a non-refundable fee of Incl. per
set.
The Carlsbad Municipal Water District reserves the right to reject any or all bids and to
waive any minor irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the
contract shall be those as determined by the Director of Industrial Relations pursuant to
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the
Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad
City Clerk. The Contractor to whom the Contract is awarded shall not pay less than the
said specified prevailing rates of wages to all workers employed by him or her in the
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I execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code,
"Subletting and Subcontracting Fair Practiced Act."
Notice Inviting Bids
3/1/94 Rev.
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The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall
apply to the Contract for work.
A pre-bid meeting and tour of the project site will XX will not - be held. The meeting
will be held on date: April 5, 1994 time: 9:00 a.m. location: Job Site
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(South End of Avenida Encinas)
All bids are to be computed on the basis of the given estimated quantities of work, as
indicated in this proposal, times the unit price as submitted by the bidder. In case of a
discrepancy between words and figures, the words shall prevail. In case of an error in the
extension of a unit price, the corrected extension shall be calculated and the bids will be
computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and
typed or written in with ink and must be initialed in ink by a person authorized to sign for
the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior
to bidding. Submission of bids without acknowledgment of addenda may be cause of
rejection of bid.
Bonds to secure faithhl performance/warranty of the work and payment of laborers and
materials suppliers and to cover all guarantees against defective workmanship and materials,
or both, for a period of one year after the date of final acceptance of the work by the
District each in an amount equal to one hundred percent (100%) and fifty percent (SO%),
respectively, of the Contract price will be required for work on this project. These bonds
shall be kept in full force and effect during the course of this project, and shall extend in full
force and effect and be retained by the District until they are released as stated in the
Special P,.av&ians section of this contract. All bonds are to be placed with a surety
insurance carrier admitted and authorized to transact the business of insurance in California
and whose assets exceed their liabilities in an amount equal to or in excess of the amount
of the bond. The bonds are to contain the following documents:
1)
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An original, or a certified copy, of the unrevoked appointment, power of attorney,
by laws, or other instrument entitling or authorizing the person who executed the I bond to do so.
I commissioner. 2) A certified copy of the certificate of authority of the insurer issued by the insurance
If the bid is accepted, the City may require a financial statement of the assets and liabilities
of the insurer at the end of the quarter calendar year prior to 30 days next preceding the
date of the execution of the bond. The financial statement shall be made by an officer's
certificate as defined in Section 173 of the Corporations Code. In the case of a foreign
insurer, the financial statement may be verified by the oath of the principal officer or
manager residing within the United States.
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Notice Inviting Bids
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Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key
Rating Guide of at least A-:V, and (2) are authorized to transact the business of insurance
in the State of California by the Insurance Commissioner. Auto policies offered to meet the
specification of this contract must; (1) meet the conditions stated above for all insurance
companies and (2) cover any vehicle used in the performance of the contract, used on-site
or off-site, whether owned, non-owned or hired, and whether scheduled or non-scheduled.
The auto insurance certificate must state the coverage is for "any auto" and cannot be
limited in any manner.
Worker's Compensation insurance required under this contract must be offered by a
company meeting the above standards with the exception that the Best's rating condition
is waived. The District does accept policies issued by the State Compensation Fund as
meeting the requirement for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any
additional cost of said insurance shall be included in the bid price.
The prime contractor and all subcontractors are required to have and maintain a valid City
of Carlsbad Business License for the duration of the contract.
Approved by the Board of Directors of the Carlsbad Municipal Water District, Carlsbad,
California, by Resolution No. 860 , adopted on the 1st day of March ,
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1D .# Date
Notice Inviting Bids
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1 CARLSBAD MUNICIPAL WATER DISTRICT
CONTRACT NO. 3432
CONTRACTOR’S PROPOSAL 1.
Board of Directors
Carlsbad Municipal Water District
5950 El Camino Real
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I for a lump sum price of L.S. $
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I Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish
all labor, materials, equipment, transportation, and services required to do all the work to
complete Contract No. 3432 in accordance with the Plans and Specifications of the
Carlsbad Municipal Water District, and the Special Provisions and that he/she will take in
full payment therefor the following unit prices for each item complete to wit:
PONTO SEWER MAIN REALIGNMENT AND EXISTING
MANHOLE REPAIRS, CMWD PROJECT NO. 93-403
Item Approximate
NO. Quantitv Description Unit Price Total
1 L.S. Traffic Control per plan
for a lump sum price of
for a lump sum price of
L.S. $ I! 5oa* OD
$ SJ@D*D?I 2 L.S. Trench shoring
L.S.
3 L.S. By-pass and pumping
L.S. $ Si?,@;D,ilra
L.S. $ IC; 000” OD
for a lump sum price of
4 L.S. Construct manhole at Sta.
19+25.00 per detail on sheet
2 of plans, including remov-
vals, liner, frame & lid
for a lump sum price of
5 L.S. Construct manhole at .- Sta. 10+87.00 per detail
on sheet 2 of plans,
including removals,
liner, frame and lid
Contractor’s Proposal Bo 3/1/94 Rev.
Item Approximate 5B
No. Quantitv Description Unit Price Total
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162 L.F. Construct 42 inch vitrified clay
sewer main including excava-
tion, bedding and compacted
backfill per trench detail on
sheet 2 of plans for a
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I linear foot price of $?Od,Di> $\ilt;37a,
7 L.S. Abandon existing sewer piping
and manhole including brick
and mortar pipe closures,
and sand slurry filler for a
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lump sum price of L.S. $I&: bDO.1 I
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8 linear foot price of $3"-,*@D sa; lOO.0
$ 8,OD $Is;bWL~
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8 60 L.F. Remove and replace existing
concrete curb and gutter
to match existing for a
9 330 S.F. Remove and replace existing
concrete sidewalk to match
existing for a square
foot price of
10 1,200 S.F. Remove and replace existing
asphaltic concrete pavement
per trench detail on sheet
2 of plans for a square foot price of $ 5D72 $ kJi bOD.Cl7
$ Lt80.CD
11 60 L.F. Remove and replace 6 inch
high asphaltic concrete
berm to match existing for
a linear foot price of $6000
12 L.S. Repair existing sewer man-
hole no. 1 per contract
documents including replace-
ment of chlorine solution
injection line, cleaning,
repair, installation of
of new liner, and new
ring, frame and lid
$ [Qi 5'00, for a lump sum price of L.S.
Contractor's Proposal I. 311 /94 Rev.
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Item Approximate uantity DescriDtion Unit Price Total
13 11 Ea. Repair existing sewer
manholes 2, 3, and 4
through 12 per contract
documents including
cleaning, repair,
installation of liner,
and new frame and lid for a unit price of $3,50DYDD $58,508. oc'
14 11 Ea. Add to Item 13 price
cost of replacing
existing sewer man-
holes (at District's
discretion) with 5
foot diameter man-
holes including
by-pass pumping,
removals and new
base complete per
CMWD Dwg. No. S1 for
an add on unit price of $ q:sca, 00 $ L19; 5nOaw
Total amount of bid in words: n-wx jlwdfeh dLuen%oilsM h
4ioe hu n&<d ri\ n&! LAJO 2% "@/\Ob bo\\ Q- 01
Total amount of bid in numbers: $3 \\; 593 & QD
Price(s) given above are firm for 90 days after date of bid opening. Prices quoted in the
Proposal shall include all taxes, including sales and use taxes.
Addendum (a) No(s). ,Iv{ 7 hashave been received and is/are included in "j -it- 1 this proposal.
The Undersigned has checked carefully all of the above figures and understands that the
District will not be responsible for any error or omissions of part of the Undersigned in
making up this bid.
The Undersigned agrees that in case of default in executing the required Contract with
necessary bonds and insurance policies within twenty (20) days from the date of award of
Contract by the Board of Directors of the Carlsbad Municipal Water District, the proceeds 1 of the check or bond accompanying t
Contractor's Proposal I. 3/1/94 Rev.
he property of the District.
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The Undersigned Bidder declares, under penalty of perjury, that they are licensed to do
business or act in the capacity of a contractor within the State of California and that they ( , classification A ,
which expires on 02-1
effect of an affidavit.
A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant
to the Business and Professions Code shall be considered nonresponsive and shall be
rejected by the District. 0 7028.15(e). In all contracts where federal funds are involved, no
bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance
with California law. However, at the time the contract is awarded, the Contractor shall be
properly licensed. Public Contract Code 0 20104.
The Undersigned Bidder hereby represents as follows:
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@ are validly licensed under icense number 5 0 fj&&\ . This statement is true and correct and has the legal
1. That no Board member, officer agent, or employee of the Carlsbad Municipal
Water District is personally interested, directly or indirectly, in this Contract,
or the compensation to be paid hereunder; that no representation, oral or in
writing, of the Board of Directors, its officers, agents, or employees has
inducted him/her to enter into this Contract, excepting only those contained
in this form of Contract and the papers made a part hereof by its terms; and
That the bid is made without connection with any person, firm, or corporation
making a bid for the same work, and is in all respects fair and without
collusion of fraud.
2.
Accompanying this proposal is 6 vrix
(Cash, Certified Check, Bond or Cashier’s Check)
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for worker’s compensation or to
undertake self-insurance in accordance with the provisions of that code, and agrees to
comply with such provisions before commencing the performance of the work of this
Contract and continue to comply until the contract is complete. ... ... ... ... ... ... ... ... ...
Contractor’s Proposal I. 3/1/94 Rev.
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article
2, relative to the general prevailing rate of wages for each craft or type of worker needed
to execute the Contract and agrees to comply with its provisions.
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IF SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
1 (1)
(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of proprietor h (Street d Number) I City and State A/
(4) Zip Code Telephone No.
b. IF A PARTNERSHIP SIGN HERE:
1 must be made by a general partner)
Contractor’s Proposal I. 3/1/94 Rev
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IF A CORPORATION, SIGN HERE: 1
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Impress Corporate Seal here
(4) Incorporated under the laws of the State of Ir%rn \cx,
(5) Place of Business
NOTARY ACKNOWLEDGMENT OF EXECUTION OF ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a
corporation; if a partnership, list names of all g
Gam R +)\ korj,C
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Contractor's Proposal Do 3/1/94 Rev.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CAPACITY CLAIMED B’
Though statute does not require
fill in the data below, doing s(
invaluable to persons relying on th
knowledged to me that he/she/they executed
the same in his/her/their authorized
TRUSTEE@)
0 GUARDIAN/CONSERVA
person(s) acted, executed the instrument.
TO TITLE OR TYPE
NUMBER OF PAGES
01992 NATIONAL NOTARY ASSOCIATION - 8236 Rernmet Ave , P 0 Box 7184 Canoga Par
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DESIGNATION OF SUBCONTRACTORS
(TO ACCOMPANY PROPOSAL)
The Contractor certifies he/she has used the sub-bids of the following listed Contractors in
making up hisher bid and that the sub-contractors listed will be used for the work for which
they bid, subject to the approval of the District Engineer, and in accordance with applicable
provisions of the Specifications and Section 4100 et seq. of the Public Contracts Code -
“Subletting and Subcontracting Fair Practices Act.” No changes may be made in these
subcontractors except upon the prior approval of the District Engineer of the Carlsbad
Municipal Water District. The following information is required for each sub-contractor.
Additional pages can be attached if required:
Items of Complete Address Phone No.
Work Full Company Name With Zip Code With Area Code
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uBIL%$&&L fi b LG p&lL,*x &>,X 2soi k4&*$c7iy &x4 kcif- 2 3 7 - E”;-;sc
&*SC1 p&
Designation o
Subcontractor!
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AMOUNT OF SUBCONTRACTORS' BIDS
(TO ACCOMPANY PROPOSAL)
The Bidder is to provide the following information on the sub-bids of all the listed
subcontractors as part of the sealed bid submission. Additional pages can be attached, if
required.
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Type of State Carlsbad
Contracting Business Amount of Bid
Full Companv Name License & No. License No. * I$ or %)
.k $+-J c"c^,(-- r/ c3 ,c I@
&& ;;d
-\f-t?d (A:%
#3c,, Q (7. c-,
*Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must
be obtained prior to submission of signed contracts. I
Amount of
Subcontractors' Bids
3/1/94 Rev.
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EOUIPMENT/MATERIAL SOURCE INFORMATION
(TO ACCOMPANY PROPOSAL)
The Bidder shall indicate opposite each item of equipment or material listed below, the
name of the one supplier and manufacturer of each item of equipment or material proposed
to be furnished under the bid. Awarding of a contract under this bid will not imply
approval by the District of the manufacturers listed by the Bidder.
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I per specification. (Supplikr) 0
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Equipment/Material Manufacturer
n. 1. 42 inch vitrified clay sewer / P2CLL?,f" P d!&W
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2. 72 inch LD. reinforced concrete 73 25 kB manhole with flat top and
grade rings.
(Supplier)
I@ (Manufacturer)
I- 3. 60 inch reinforced concrete & 8 .&;
manhole with eccentric cone (Supplier) and grade hgs.
(Manufacturer)
4. Manhole frame and cover per 6 z2d
CMWD Standard Drawing S4. (Supplier)
(Manufacturer)
Equipmen t/Material
Source Information
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BID SECURITY FORM
(Check to Accompany Bid)
(Note: The following form shall be used if check accompanies bid:)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of
CARLSBAD MUNICJPAL WATER DISTRICT, in the sum of
t
I dollars ($ 19
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this
check shall become the property of District provided this proposal shall be accepted by the
District through action of its legally constituted contracting authorities and the undersigned
shall fail to execute a contract and furnish the required Performance, Warranty and
Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the
check shall be returned to the undersigned. The proceeds of this check shall also become
the property of the District if the undersigned shall withdraw his bid within the period of
fifteen (15) days after the date set for the opening thereof, unless otherwise required by law,
and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the
following pages shall be executed--the sum of this bond shall be not less than ten percent
(10%) of the total amount of the bid.
Bid Security Form
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FlDDER'S BOND
(TO ACCOMPANY PKOPOW) *
" .. -__
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m0W AIJ, PERSONS BY THESE PRES"3
~~wGDRAINAGE CONSTRUCTION CO., INC. ,amdpal, adINSURAMCE COMPANY
OF THE WEST , as Surety are held and fkxnty bound unto the CARXSBAD
M"CIPAL WAm DISTRICT, in an amount as follows: (must be at least ten percent
(10%) of the bid amount)
for which payment,r well and truly made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and sevedly, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the abwe-bounden hindpal for:
TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID ($lo% OF BID)---
I
CONTRACT NO. 3432
FOR CONSXaUCIlON OF POlVTO SEFYER MAIN REALIGNME"
AM, EXIS"GW0~REPAIRS
CMWD PROJECT NO. MQ3
(BID DATE: 4-21-94)
0
m the City of &Isbad, is accepted by the Board of Directow, and if the Principal shall duly
enter Jhto and execute a Contract, inCru&g required bonds and insurance policies, witfrin
bvtmty (2.0) days frwt the date of award of Contract by the Board of Directors of the
&Isbad Municipal Water District, being duly notified of said award, then this obligation
shall become null and vaid; otherwise, it shall be and remain in ~LYR force and effect, and the
amount specified hemin shall be forfeited to the said District. ... ...
.I. "- ... ... ...
9.. .-. .*
.I. ... ...
Bidder's Bond 0 3nm RN.
---, ^ ,..___ L- --_--- -- ---- I_-^ - --_--- - -_ -------. .
r-
INSURANCE CONPANY OE THE WEST
Y. HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of e POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation authorized and existing under the laws of the State of California and having its prir office in the City of Son Diego, California, does hereby nominate, constitute and appc
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferr its name, place and stead, to execute, seal, acknowledge and deliver any and all t undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and b authority of the following Resolution adopted by the Board of Directors of INS1 COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, which said Resolution has not been amended or rescinded and of which the followinc true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attornej Fact to represent and cct for and on behalf of the Company, and either the Preside Secretary, the Board of Directors or Executive Committee may at any time remove Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney-in-Fact may be given full. power to execute for and i name of and on behalf of the Company any and all bonds and undertakings as the busine the Company may require, and any such bonds or undertakings executed by any such Atto in-fact shall be as binding upon the Company as if signed by the President and sealei attested by the Secretary."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be unto affixed and these presents to be signed by its duly authorized officers
Jerold D. Hall
I AN COMPANY OF THE WEST 20L5 dziy of July, 1990 e f=J 3, *decw 1. ,+e - * ./ #J&L&4/ President
STATE OF CALIFORNIA chc& COUNTY OF SAN DIEGO SS:
on this 2Ut.n day of July, 1990 before the subscriber, a Notary Public of the of California, in and for the County of San Diego, duly comissioned and qualified, BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally kno be the individual and officer described in and who executed the preceding instrument he acknowledged the execution of the same, and being by me duly sworn, deposeth and s that he is the said officer of the Corporation aforesaid, and that the seal affixed t preceding instrument is the Corporate Seal of the said Corporation, and that the Corporate Seal and his signature as such officer were duly affixed and subscribed t said instrument by the authority and direction of the said Corporation,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the of Scn Diego, the day and year first above written. p&u \?.!&hhJ A otary Puolic
STATE OF CALIFORNIA COUNTY OF SAN DIEGO .s:
I, the undersigned. JAMES W. AUSTIN, 111, Secretary of INSURANCE COMPANY OF THE YES hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a fulL, and correct copy, is in full force and effect, and has not been revoked.
WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixel APRIL 19 94 ilb.
~"ww C/d * Secretsty ccCO&h/' 77-
ICW CAL 37(REV. 5/87) yw!>y L
Corporate Seal of the Corporation, this 15TH day of
9 / p ,a ;,"Ofl")Yr~ %
c4, rno*$
*- \ ** .
RO8iRT T. 'DRIVER CO., 1°C
Jerry Hall
ls Your representative
(6 19) 238- 1828
1620 FIFTH AVE., SAN DIEGO, CA 92101
.+
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h the evezlt principal extcoted this bond as an individual, it is agreed &it the death of Pzhcipal shall not exonerate the Sung from its obliptions under this bond. 0
.x - -. __ Executtd by PRZNQPAX, this 15m
PRINCIPGL: SURETY:
Executedbym?.ETYtfiis 15m
’. *of APRIL ,19 94 day of APRIL J 19z4.
. DRAINAGE CONSTRUCTION CO., INC. INSURANCE COWANY OF THE WEST
, BY
Gary R. Thjbodo, President
(print name here)
(attach corporate resolution shwhg current power of attorney) (title and organization of signatory)
By: (sip here)
@nnt name here) *
1 (title of organization of signatary)
(Proper notarial ackmw~&gzuenr of exemtion of principal and Surety must be amchedJ
(presidenr orvice-prsidenz and smct;up or assistanr secretary must sign for corporations. If p”y one officer
sips, at corporation mngt attach a resolution ctnifitd by the secretary or assistant sarctaxy der corporate
r.
a I seal empowering tbal o@cer to bind thc corporadort)
APPROVED AS TO FORM:
* RONALD R. BALL
’ GENERALCOUNSEL
By: /A- +4/kd * IC/
Deputy Ge;aeraf Cbmsel
6
. Bidder‘s Bond
3m Rev.
--
CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT
(04 / 21 / 9 4 ) Project CAPACITY CLAIMED BY # 9 3- 4 0 3 , Contract # 34 3 2 Though statute does not require tt
fill in the data below, doing so
invaluable to persons relying on the
fl CORPORATE OFFICER(
State of CALIFORNIA
County of SAN DTFIGO
* 04/18/94 Shelley L. Clark, Notary Public
NAME TITLE OF OFFICER E G 'JANE DOE, NOTARY PUBLIC'
personally appeared
to be the person(s) whose name(s) idare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacrty(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
0 ATToRNEY-IN-FACT 0 TRUSTEE(S)
c] GUARDIAN/CONSERVA1
SIGNER IS REPRESENTI
NAME OF PERSONROR ENTITY:I$$
Drainage Const
Co, , Inc.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT bid bond (mandatory f Orm)
THE DOCUMENT DESCRIBED AT RIGHT. 04/15/94) ---_--- NUMBER OF PAGES DATE OF DOCUMENT NONE ----------------_ AN NAMED ABOVE
01992 NATIONAL NOTARY ASSOCIATION 8236 Remrnet Ave , P 0 Box 7184 Canoga Park,
CALIFORNIA ALL=PURP(SSE ACKNOWLEDGMENT
CAPACITY CLAIMED BY S
Though statute &Jus rottequrre me I fill in the data below. doing so mi
snakre~e to pe~ns rsrync on me dr
0. CORPORATE OFRCER(S
CALIFORNIA
County of SAN DIEGO
On 4-15-94 beforeme, VALERIE M. PEARCE, NOTARY PUBLIC DATE NAME. TrTLE OF OFFICER - EG. 'JANE DOE, NOTARY PUBUC
personally appeared JEROLD D. HALL
NAME(S) OF SIGNER(S) TIN1.S) 0 PARTNER@) a UMlTE 0 GENEF personally known to me - OR - a proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Mare
subscribed to the within instrument and ac-
knowledged to me that helshelthey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
ATToRNN-"-FACT a TRUSTEEW
0 GUARDIAWCONSERVATI
SIGNER IS REPRESENTI
NAME OF PERSON(S) OR EM[n(lESI
S5NATURE OF NOTARY
OPTIONAL SECTION
TH4S CERTIFICATE MUST BE AllACHED TO
ME DOCUMENT DESCRl6ED AT RIGHT. T~~LE OR P/PE OF DOCUMEM
NUMBER OF PAGES DATE OF DOCUMENT
01992 NATIONAL NOTARY ASSOCIATION 8236 Aemmt Ave.. P 0. Box 7184 can0ga Par(
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(TO ACCOMPANY PROPOSAL)
Bidder submits herewith a statement of financial responsibility:
I’
7ie1a5?, -xe a +-to hPiL #
Bidder’s Statement f
Financial Responsibili
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DRAINAGE CONSTRUCTION CO. , INC.
Balance Sheet
December 31, 1993
ASSETS
Current Assets
Cash fr $ 346,745 Accounts recei vabl e 32,668
Costs in excess of billings 7.072 Deposits and prepaids 75.874 $ 462,359
Property and Equipment
552,462 Land Construction equipment 1,488,331 Transportation equipment 555,070 Off1 ce equi prr.ent 38.965
2,634,828 Less: accumulated depreciation 1,252 ~ 987 1,381.841
Other Assets
28,278 Notes recei vabl e
Total Assets $ 1.872.478
See accompanying notes to financial statements. ’ ..
._ .._ - _--I - .______
J
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$.
LIABILITIES AND STOCKHOLDERS' EQUITY
Current Li abi 1 i ties
800 Provi si on for i ncome taxes Accounts payable 26,389
Accrued 1 i abi 1 i ti es 3,386 Note payable 38,451
5
Total Current Li abi 1 i ties $ 69.026
Note Payable 28,838
Deferred Taxes 98,762
Stockholders' Equity
Common stock, par value $1 per share.
Addi ti onal pai d - i n capi tal Retained earnings 612,002 1,675,852
$ 1,872,474
authorized 100.000 shares, i ssued and outstanding 50,000 shares 50,000
1.013.850
I
Total Liabi 1 i ti es and Stockhol der * s Equity
See accompanying notes to financial statements.
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BIDDER’S STATEMENT OF TECHNTCAL ABILITY AND EXPERIENCE L (TO ACCOMPANY PROPOSAL)
The Bidder’s is required to state what work of a similar character to that included in the
proposed Contract he/she has successfully performed and give references, with telephone
numbers, which will enable the District to judge hisher responsibility, experience and skill.
An attachment can be used.
a
r’ Bidder’s Statement (3
Technical Abilit
and Experieno
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DRA INhGE CONSTRUCT ION CO. , INC I
PARTIAL PROJECT LIST
APRIL, 1993
JOB #5
om. : Capistrano Valley Water District P.O. Box 967 San Juan Capistrano, CA 92693 CONTACT : Robert W. Clark (714) 493-1515
PROJECT TITLE: Camino Capistrano Feeder Phases I & I1
CONTRACT AMOUNT: $650,000 COMPLETION DATE: 1987
JOB #7
OWNER: City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonqa, CA 91730
CONTACT: Michael D. Long (714) 989-1862
PROJECT TITLE: Area VI1 Storm Drain Improvements CO87-166 CONTRACT AMOUNT: $835,000 COMPLETION DATE: 1988
JOB #9
OWNER: City of San Dieqo 9485 Aero Dr.
San Diego, CA 92123
CONTACT : George Osar (619) 270-8963 PROJECT TITLE : Sewer Main Replacement Group #7S, Bid #9281
CONTRACT AMOUNT: $886,000
COMPLETION DATE: 1988
JOB #16
OWNEX: Orange County Water District P.O. Box 8300 Fountain Valley, CA 92728-8300 CONTACT : Michael R. Markus (714) 963-5661
PROJECT TITLE: Anaheim/Atwood/Kraemer Pipeline Phase I,
CONTRACT AMOUNT: $848,000 COMPLETION DATE: 1988-89
Contract #A-88-1
.' -'
PAGE 2
JOB 124
OWNER: City of San Diego
9485 Aero Dr.
San Diego, CA 92123 CONTACT : Sadeqh Jahadi (619) 236-5520 PROJECT TITLE: Sewer & Water Main Replacement Group #71 CONTRACT AMOUNT: $1,104,000
COMPLEXION DATE: 1989
JOB #37
OWNER: City of Oceanside
320 N. Horne St. Oceanside, CA 92054
CONTACT: Nazir Qureshi (6191 439-7342 PROJECT TITLE: Morro Hills Pipeline & River Crossing CONTRACT AMOUNT: $358,754
COMPLETION DATE : 1990
JOB 139
OWNER: City of El Cajon
200 E. Main St.
El Cajon, CA 92020 CONTACT : Bob Piete (619) 441-1653
PROJECT TITLE: Fletcher Parkway/Broadway Sewer
CONTRACT AMOUNT: $597,880 COMPLETION DATE : 1989
JOB #45
Om: Irvine Ranch Water District
15600 Sand Canyon Ave., P.O. Box 6025 Irvine, CA 92716-6025
CONTACT : Duke O'Neil (714) 453-5300
PROJECT TITLE: Harvard Ave. Trunk Sewer Phase V-B CONTRACT AMOUNT: $793,135 COMPLETION DATE: 1990
JOB #48
OWNER: County of Orange Environmental Management
Agency, Public Works Dept. P.O. Box 4048
Santa Ana, CA 92702-4048 CONTACT : Stan Vander Mey (714) 834-2300 PROJECT TITLE: Carbon Creek Channel, File #F07286
COMPLETION DATE: 1991
CONTRACT AMOUNT: $2,9aa,aaa
r- v
SF
PAGE 3
JOB #56
Om: Tri-City Hospital District
4002 Vista Way
Oceanside, CA 92056 CONTACT: Richard Campbell (619) 941-2730
PROJECT TITLE: Tri-City Medical Center, Bid Package B-5/
Site Utilities I1
CONTRACT AMOUNT: $110,000
COMPLETION DATE: 1991
JOB #58
OWNER : City of San Diego, Eng. & Development Dept.
1010 Second Ave., Suite 800
San Dieqo, CA 92101-4907 CONTACT : Frank Stollenwerk (619) 627-3200 PROJECT TITLE: Crown Point Trunk Sewer, Bid #X2656192
CONTRACT AMOUNT: $578,000
COMPLETION DATE: 1992193
JOB +60
Om: Otay Hater District
10595 Jamacha Blvd.
Spring Valley, CA 91977
CONTACT : Ron Ripperger (619) 670-2222 PROJECT TITLE: Willow Glen Dr. Water Main, WO #2101 CONTRACT AMOUNT: $1,542,310 CC)Y?L~IOM D,a_TE : 1993
3ADCCI/b:prtlproj.lst
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NON-COLLUSION AFFIDAVIT
(TO ACCOMPANY PROPOSAL) L
TO BE EXECUTED BY BIDDER AND SUBMITIED WITH BID
E The Bidder shall fill in the three blank lines below with:
1.
2.
3.
The name(s) of the person(s) signing this bid on behalf of the Bidder.
The title(s) of the person(s) signing this bid in relation to the Bidder.
The legal name of the Bidder.
State of California 1
County of Zkm Dl wjD)
) ss. m
a
I?,.%; bod0 being first duly sworn
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(Name@ oherson($Signing this Bid on Behalf of the Bidder)
0 deposes and says that he omhe is 2fc<? 5txc-hry ll-i+Y~g~P/r (Title(srkh$Pkrson@) Signdg this Bid in
Relation to the Bidder)
Dr& s\me c,owl--f VC/.hDv\ c 9 ,, I IrPC/'
(Legal Name%f the Bidder)
making the foregoing bid that the bid is not made in the interest of, or on behalf of, an
undisclosed person, partnership, company, association, organization, or corporation; that thl
bid is genuine and not collusive or sham; that the bidder has not directly or indirect1
induced or solicited any other bidder to put in a false or sham bid, and has not directly c
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put j
a sham bid, or that anyone shall refrain from bidding; that the bidder has not in ar
manner, directly or indirectly, sought by agreement, communication, or conference wit
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profj
or cost element of the bid price, or of that of any other bidder, or to secure any advantag
against the public body awarding the contract or anyone interested in the proposed contrac
that all statements contained in the bid are true; and further, that the bidder has no
Non-Collusion Affidak
3/1/94 Re
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directly or indirectly, submitted his or her bid pnce or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, or will not pay,
any fee to any corporation, partnership, company association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid.
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right,
power, legal capacity and authority to enter into and declare under penalty of perjury that
the foregoing is true and correct, and that this affidavit was executed on behalf of the
19$), at !no D~C~CI County, in the State of~d&ro&-
PONTO SEWER MAIN REALIGNMENT AND EXISTING
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Bidder, and have set their names, titles, and signatures hereon, this \shday of 0p.J I
PROJECT: MANHOLE REPAIRS, CMWD PROJECT NO. 93-403
x n BIDDER: NE,""fi&$fz rI>~3>h& P (?I? ., 1 1 l"%.
/$!./-+ jidd
93
Ir! 9 , x+.3 i id
2
Phone Numbe
Signature G ~-9 - Y, .* i ~3a ,&-J prp,5; rkfi+
Signatures must be made, and Notary Acknowledgements of execution of Bidder must be
attached.
To be submitted as part of the Bid Documents.
I declare under penalty of perjury that
affidavit was executed on the\% day o
correct and that thi
Subscribed and sworn to before me on the \ 5% day of Am-, 1 ' 1994
(NOTARY S
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1 L CONTRACT - PUBLIC WORKS
This agreement is made thi&L%y of & , 19, 4 y and between the Carlsbad '
I (hereinafter called "Contractor".)
Municipal Water District of Carlsbad, C&? od:a municipal corporation, (hereinafter called "District"), and Drainaqe Construction Co., Inc. whose principal
place of business is 1505 Sycamore Avenue, Vista, CA 92083
District and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract
Documents for:
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CONSTRUCTION OF PONTO SEWER MAIN REALIGNMENT
AND EXISTING MANHOLE REPAIRS
CMWD PROJECT NO. 93-403
(hereinafter called "project".)
Provisions of Labor and Materials. Contractor shall provide all labor, materials
tools, equipment, and personnel to perform the work specified by the Contrac
2. I Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notia
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors
Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusior
Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, tht
Special Provisions, and all proper amendments and changes made thereto ir
accordance with this Contract or the Plans and Specifications, and all bonds for tht
project; all of which are incorporated herein by this reference.
Contractor, herhis subcontractors and materials suppliers shall provide and install tht
work as indicated, specified, and implied by the Contract Documents. Any item!
of work not indicated or specified, but which are essential to the completion of thi
work, shall be provided at the Contractor's expense to fulfill the intent of saic
documents. In all instances through the life of the Contract, the District will be tht
interpreter of the intent of the Contract Documents, and the District's decisioj
relative to said intent will be final and binding. Failure of the Contractor to apprisl
subcontractors and materials suppliers of this condition of the Contract will na
relieve responsibility of compliance. i
I Contract - Public Work
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Pavment. For all compensation for Contractor's performance of work under this
Contract, District shall make payment to the Contractor per Section 9-3 of the
Standard SDecifications for Public Works Construction (SSPWC) 1991 Edition, and
the latest supplement, hereinafter designated "SSPWC", as issued by the Southern
California Chapter of the American Public Works Association and as amended by
the special provisions section of this contract. The closure date for each monthly
invoice will be the 30th of each month. Invoices from the Contractor shall be
submitted according to the required District format to the District's assigned project
manager no later than the 5th day of each month. Payments will be delayed if
invoices are received after the 5th of each month. The final retention amount shall
not be released until the expiration of thirty-five (35) days following the recording
of the Notice of Completion pursuant to California Civil Code Section 3184.
Public Contract Code section 20104.50 requires a summary of its contents to be set
forth in the terms of the contract. Below is such a summary. However, contractor
should refer to Public Contract Code section 20104.50 for a complete statement of
the law.
The District shall make progress payments within 30 days after receipt of an
undisputed and properly submitted payment request from a contractor on a
construction contract. If payment is not made within 30 days after receipt of an
undisputed and properly submitted payment request, then the District shall pay
interest to the contractor equivalent to the legal rate set forth in subdivision (a) of
section 685.010 of the Code of Civil Procedure.
Upon receipt of a payment request, the District shall, as soon as practicable aftei
receipt, determine whether the payment request is a proper payment request. If the
District determines that the payment request is not proper, then the request shall be
returned to the contractor as soon as practicable but not later than seven (7) day:
after receipt. The returned request shall be accompanied by a document setting fortf
in writing the reasons why the payment request was not proper.
If the District fails to return the denied request within the seven (7) day time limit
then the number of days available to the District to make payment without incurrini
interest shall be reduced by the number of days by which the District exceeds the
seven (7) day return requirement.
"Progress payment" includes all payments due contractors except that portion of thc
final payment designated by the contract as "retention earnings".
IndeDendent InvestiPation. Contractor has made an indepeqdent investigation of thc
jobsite, the soil conditions at the jobsite, and all other conditions that might affec
the progress of the work, and is aware of those conditions. The Contract pricc
includes payment for all work that may be done by Contractor, whether anticipate(
or not, in order to overcome underground conditions. Any information that ma
have been furnished to Contractor by District about underground conditions or othei
Contract - Public Work
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job conditions is for Contractor’s convenience only, and District does not warrant
that the conditions are as thus indicated. Contractor is satisfied with all job
conditions, including underground conditions and has not relied on information
furnished by District.
Contractor ResDonsible for Unforeseen Conditions. Contractor shall be responsible
for all loss or damage arising out of the nature of the work or from the action of the
elements or from any unforeseen difficulties which may arise or be encountered in
the prosecution of the work until its acceptance by the District. Contractor shall also
be responsible for expenses incurred in the suspension for discontinuance of the
work. However, Contractor shall not be responsible for reasonable delays in the
completion of the work caused by acts of God, stormy weather, extra work, or
matters which the specifications expressly stipulate will be borne by District.
Cal OSHA Permits. Contractor will obtain permits from Cal OSHA if required
including but not limited to, permits for excavations over four feet deep.
Hazardous Waste or Other Unusual Conditions- If the contract involves diggini
trenches or other excavations that extend deeper than four feet below the surface
Contractor shall promptly, and before the following conditions are disturbed, noti6
District, in writing, of any:
A.
f
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6.
7.
8.
Material that Contractor believes may be material that is hazardous waste, a:
defined in Section 25117 of the Health and Safety Code, that is required tc
be removed to a Class I, Class 11, or Class I11 disposal site in accordance with
provisions of existing law.
Subsurface or latent physical conditions at the site differing from thosc
indicated.
Unknown physical mndititms at the site of any unusual nature, differen
materially from those ordinarily encountered and generally recognized ai
inherent in work of the character provided for in the contract.
B.
C.
District shall promptly investigate the conditions, and if it finds that the condition
do materially so differ, or do involve hazardous waste, and cause a decrease a
increase in contractor’s costs of, or the time required for, performance of any pal
of the work shall issue a change order under the procedures descnied in thj
contract.
In the event that a dispute arises between District and Contractor whether th
conditions materially differ, or involve hazardous waste, or cause a decrease c
increase in the Contractor’s cost of, or time required for, performance of any part c
the work, Contractor shall not be excused from any scheduled completion dat
provided for by the contract, but shall proceed with all work to be performed unde
Contract - Public Worl
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the contract. Contractor shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protest between the
contracting parties.
Change Orders. District may, without affecting the validity of the Contract, order
changes, modifications and extra work by issuance of written change orders.
Contractor shall make no change in the work without the issuance of a written
change order, and Contractor shall not be entitled to compensation for any extra
work performed unless the District has issued a written change order designating in
advance the amount of additional compensation to be paid for the work. If a change
order deletes any work, the Contract price shall be reduced by a fair and reasonable
amount. If the parties are unable to agree on the amount of reduction, the work
shall nevertheless proceed and the amount shall be determined by litigation. The
only person authorized to order changes or extra work is the Project Manager. The
written change order must be executed by the Executive Manager or the Board of
Directors, as allowed by law and according to the latest procedures adopted by
resolution of the board.
Immigration Reform and Control Act. Contractor certifies he is aware of the
requirements of the Immigration Reform and Control Act of 1986 (8 USC Sections
1101-1525) and has complied and will comply with these requirements, including, but
not limited to, verifying the eligibility for employment of all agents, employees,
subcontractors, and consultants that are included in this Contract.
Prevailing Wage. Pursuant to the California Labor Code, the director of the
Department of Industrial Relations has determined the general prevailing rate of pel
diem wages in accordance with California Labor Code, Section 1773 and a copy 01
a schedule of said general prevailing wage rates is on file in the office of the
Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to California
Labor Code Section 1775, Contractor and all subcontractors shall pay prevailinc
wages. Contractor shall post copies of all applicable prevailing wages on the job site
For this contract, eight hours shall constitute a legal day’s work. Work beyond eighl
hours shall be paid at a rate not less than one and one half times the prevailin1
rates. Wage rates for Sundays and holidays shall be paid at a rate not less than twc
times the prevailing rates. The holidays upon which such rates shall be paid shall bc
all holidays recognized in the collective bargaining agreement applicable to thc
particular craft, classification or type of workers employed on the projects.
Indemnification. Contractor shall assume the defense of, pay all expenses of defense
and indemnify and hold harmless the District, and its officers and employees, fron
all claims, lawsuits or judgements for any loss, damage, injury and liability of ever
kind, nature and description, directly or indirectly arising from or in connection wit1
the performance of the Contractor or work; or from any failure or alleged failure o
Contractor to comply with any applicable law, rules or regulations including thosc
relating to safety and health; except for loss or damage which was caused solely b:
Contract - Public Work
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10.
11. -
12.
5 II
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the active negligence of the District; and from any and all claims, loss, damages,
injury and liability, howsoever the same may be caused, resulting directly or indirectly
from the nature of the work covered by the Contract, unless the loss or damage was
caused solely be the active negligence of the District. The expenses of defense
include all costs and expenses including attorneys fees for litigation, arbitration, or
other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Contractor, his agents, representatives, employees or subcontractors. Said insurance
shall meet the District’s policy for insurance as stated in Resolution No. 772.
(A)
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13.
COVERAGES AND LIMITS - Contractor shall maintain the types of
coverages and minimum limits indicted herein:
1. Comurehensive General Liabilitv Insurance:
$1,000,000 combined single limit per occurrence for bodily injury anc
property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks foi
which the District or its agents, officers or employees are additiona
insureds.
2. Automobile Liabilitv Insurance:
$1,000,000 combined single limit per accident for bodily injury anc
property damage. In addition, the auto policy must cover any vehicll
used in the performance of the contract, whether used onsite or offsite
whether owned, nonowned or hired, and whether scheduled or non
scheduled. The auto insurance certificate must state the coverage i
for “any auto” and cannot be limited in any manner.
Workers’ ComDensation and Emuloyers’ Liabilitv Insurance:
Workers’ compensation limits as required by the Labor Code of th
State of California and Employers’ Liability limits of $1,000,000 pc
incident. Worker’s compensation offered by the State Compensatio
Insurance Fund is acceptable to the District.
m
3. --
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(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies (
insurance required under this agreement contain, or are endorsed to contab
the following provisions. General Liability and Automobile Liabilil
Coverages:
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Contract - Public Wor
3/1P4 Rc
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The District, its officials, employees and volunteers are to be covered
as additional insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the contractor; premises owned, leased, hired or
borrowed by the contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the District, its
officials, employees or volunteers.
The Contractor's insurance coverage shall be primary insurance as
respects the District, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officials,
employees or volunteers shall be in excess of the contractor's insurance
and shall not contribute with it.
Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the District, its officials, employees or
volunteers.
Coverage shall state that the contractor's insurance shall apply
separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
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3.
4.
(C) "CLAIMS MADE' POLICIES - If the insurance is provided on a "claims
made" basis, coverage shall be maintained for a period of three years
following the date of completion of the work.
NOTICE OF CANCELLATION - Each insurance policy required by this
agreement shall be endorsed to state that coverage shall not be suspended,
voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the District by certified mail,
c
(D)
I return receipt requested.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS -
Any deductibles or self-insured retention levels must be declared to and
approved by the District. At the option of the District, either: The insure]
shall reduce or eliminate such deductibles or self-insured retention levels a!
respects the District, its officials and employees; or the contractor shal
procure a bond guaranteeing payment of losses and related investigation
claim administration and defense expenses.
WAIVER OF SUBROGATION - All policies of insurance required undei
this agreement shall contain a waiver of rights of subrogation the insurer ma!
have or may acquire against the District or any of its officials or employees
(G) SUBCONTRACTORS - Contractor shall include all subcontractors a:
insureds under its policies or shall furnish separate certificates an(
endorsements for each subcontractor. Coverages for subcontractors shall be
Contract - Public Work
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subject to all of the requirements stated herein.
ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers
that have a rating in Best’s Key Rating Guide of at least A-:V, and are
authorized to transact the business of insurance by the Insurance
Commissioner under the standards specified by the Board of Directors in
Resolution No. 772.
VERIFICATION OF COVERAGE - Contractor shall furnish the District
with certificates of insurance and original endorsements affecting coverage
required by this clause. The certificates and endorsements for each insurance
policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements are to be in forms
approved by the District and are to be received and approved by the District
before work commences.
COST OF INSURANCE - The Cost of all insurance required under this
agreement shall be included in the Contractor’s bid.
(€4) f
e (I)
(J)
14. Claims and Lawsuits. Contractor shall comply with the Government Tort Claims Act
(Section 900 et seq of the California Government Code) for any claim or cause of
action for money or damages prior to filing any lawsuit for breach of this agreement.
Maintenance of Records. Contractor shall maintain and make available at no cos1
to the District, upon request, records in accordance with Sections 1776 and 1812 oi
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain
the records at Contractor’s principal place of business as specified above, Contractor
shall so inform the District by certified letter accompanying the return of this
Contract. Contractor shall notify the District by certified mail of any change oj
address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wit1
Section 1720 of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier’s check, or certified check may bc
substituted for any monies withheld by the District to secure performance of thi
contract for any obligation established by this contract. Any other security that i
mutually agreed to by the Contractor and the District may be substituted for monk
withheld to ensure performance under this Contract.
Affirmative Action. The Carlsbad Municipal Water District is an equal opportunit
employer.
Provisions Rewired by Law Deemed Inserted. Each and every provision of law av
clause required by law to be inserted in this Contract shall be deemed to be inserte
Contract - Public Wor
3/1/94 Rc
15.
16.
17.
18.
19. t
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herein and included herein, and if, through mistake or otherwise, any such provision
is not inserted, or is not correctly inserted, then upon application of either party, the
Contract shall forthwith be physically amended to make such insertion or correction
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NOTARIAL ACKNOWLEDGMENT OF
EXECUTION BY ALL SIGNATORIES
MUST BE ATTACHED R -Th bo&
Print dme of Signatory
(CORPORATE SEAL)
&e:;,dent
Title
APPROVED TO AS TO FORM:
RONALD R. BALL General Counsel Signature of Signatory
Print Name of Signatory
Title BD BY:
k. /&4
1
Deputy General Counsel
Board of Directors
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Contract - Public Work
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CAPACITY CLAIMED B'
Though statute does not require
fill in the data below, doing s(
invaluable to persons relying on tt
State of CALIFORNIA
County of SAN DIEGO
GARY R. THIBODO personally appeared
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
c] ATToRNEY-iN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERV~
SIGNER IS REPRESEN'
Drainage Const;
NAME OF PERSON@,OR ENTITY(R WITNESS my hand and official seal.
THISCERTIFICATE MUSTBEATTACHEDTO TITLEORTYPEOF DOCUMENT Public Works Contract (Car:
THE DOCUMENT DESCRIBED AT RIGHT
NUMBER OF PAGES unknown DATE OF DOCUMENT unknown
01 992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Pa
BOND NO. 133 05 14
28
I
I LABOR AND MATERIALS BOND
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, State of
California, by Resolution No. 874 , adopted June 14, 1994 , has
awarded to Drainage Construction Co., Inc. (hereinafter designated
as the "Principal"), a Contract for:
f
CONSTRUCTION OF PONTO SEWER MAIN REALIGNMENT
AND EXISTING MANHOLE REPAIRS
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CMWD PROJECT NO. 93-403 - CONTRACT NO. 3432
in the Carlsbad Municipal Water District, in strict conformity with the drawings and
specifications, and other Contract Documents now on file in the Office of the Secretary of
the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad), and all of which
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms
thereof require the furnishing of a bond, providing that if Principal or any of their
subcontractors shall fail to pay for any materials, provisions, provender or other supplies or
teams used in, upon or about the performance of the work agreed to be done, or for any
work or labor done there of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth. b NOW, THEREFORE, WE, Drainage Construction Co., Inc. , as
Principal (hereinafter designated as the "Contractor"), and Insurance Company of the
as Surety, are held firmly bound unto the Carlsbad Municipal Water Distric
in the sum of One Hundred Fifty Five Thousand Seven Hundred Ninetv Six and no/(
), said sum being fifty percent (50%) of tht
estimated amount payable by the Carlsbad Municipal Water District under the terms of thc
Contract, for which paymext well and truly to be made we bind ourselves, our heirs
executors and administrators, successors, or assigns, jointly and severally, firmly by thest
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hisbe
subcontractors fail to pay for any materials, provision, provender, supplies, or teams usec
in, upon, for, or about the performance of the work contracted to be done, or for any othe
work or labor thereon of any kind, or for amounts due under the Unemployment Insuranc
Code with respect to such work or labor, or for any amounts due under the Unemploymen
Insurance Code with respect to such work or labor, or for any amounts required to b
deducted, withheld, and paid over to the Employment Development Department from th
wages of employees of the contractor and subcontractors pursuant to Section 13020 of th
UnempIoyment Insurance Code with respect to such work and labor that the Surety will ps
for the same, not to exceed the sum specified in the bond, and, also, in case suit is brougl
upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fee
to be fixed by the court, as required by the provisions of Section 3248 of the California Cik
I
West
Dollars ($ 155,796 .OO
I. Code.
Labor and Materials BO
3/1/94 Rc
29
This bond shall inure to the benefit of any and all persons, companies and corporations
entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing
with Section 3082).
In the event that Contractor is an individual, it is agreed that the death of any such
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this
day of ,19-. June , 1924
CONTRACTOR: SURETY:
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By: /)L -2 /?a,& *m
(print name here) 3w,0&7i5 cbW5*~,~b 7\
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Executed by SURETY this 23rd day of
8 Drainage Construction Co., Inc. Insuranse Company of the West
e-?A’Lq *R W@030
DW\Q*E- (print name here)
%x \E Lv a 1\1malb fl cn 1 OC’ (attach corporate resolution ~h~wri~lg
4 (title and organization of signatory) current power of attorney)
:I
’ c?$XReTfiey a=., J \dG.
ilfI (dgn Gere)
L=$l&yAmI 000 0
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one office signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporat
seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
General Counsel &-?a
Deputy General Counsel
Labor and Materials Bon
3/1/94 Rei I
' CALIFORNIA ALL-PURPOSE ACKN~JWLEDGMENT
i -+te of CALIFORNIA CAPACITYCLAIMED BY SI
Though statute does not require the Fc fill in the data below, doing so ma
im/aluabie to pem rdyng on the doc
[7 CORPORATE OFFICER(S)
Countyof SAN DIEGO
NAME, TllLE OF OFFICER. E G.. 'JANE WE. NOTARY PUBLIC-
JEROLD D. HALL personally appeared
Q personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in hidheritheir authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(@,
or the entity upon behalf of which the
person(s) acted, executed the instrument.
NAME(S) OF SIGNER(S) W(S)
PARTNER(S) '''TED
GENER,
ArfoRNN-"-FACT
TRUSTEEW
c] GUARDIAN~CONSERVATO
SIGNER IS REPRESENTlb
NAME OF PERSON(S) OR ENTITY(1ES)
TO TlTCE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
CAPACITY CLAIMED BY
Though statute does not require thc
fill in the data below, doing so r
invaluable to persons relying on the I
Countyof SAN DIEGO
On 06/30/94 beforeme, Shelley L. Clark, Notary Public ,
personally appeared GARY R. THIBODO
NAME, TITLE OF OFFICER - E G JANE DOE, NOTARY PUBLIC
to be the person(s) whose name(s) idare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
0 ATToRNEY-'N-FACT
0 TRUSTEE@)
0 GUARDIAN/CONSERVA1
SIGNER IS REPRESENT
Drainage Constr
Co., Inc.
NAME OF PERSON&OR ENTIT&
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
TITLE OR TYPE
NUMBER OF PAGES
01 992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Pai
IlUSL'RAXE COMP4A8Y OF TXE WEST
HGME GFFICE: SAN OIEGO. CALIFORNIA
Certified Copy of
POWER OF ATTORNEY 0
KNOW ALL MEN 8Y THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporction aut5orized and existing under the laws of the State of California and having its ?rir office in the City of San Diego, California, does hereby nominate, constitute and appc
its true and lawful Attorney(s)-in-fact, with full power and authority hereby cocferr its name, place and stead. t3 execute, seal, acknowledge and deliver any and all t undertakings, recognizances or ot3er written obligations in the nature tzereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and t authority of the following FZesolution adopted by the Board of Directors of fNSl COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of Februcry, which said Resolution has not been amended or rescinded and of which the followin! true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attsme! Fact to represent and act for and on behalf of the Company, and either the Presidc Secretary, the Board of Directors or Executive Committee may at any time remove Attorneys-in-Fact and revoke the ?ower of Attzrney given him or her; cnd be it furthe! RESOLVED: That the Attorney-in-fact may be given full power to execute for and : name of and on behalf of the Company any and all bonds and undertakings as the busine the Company may require, and any such bonds or undertakings executed by any such Attc in-fact shall be as binding upon tae Company as if signed by the President and seale attested by the Secretary."
IN WITNESS WHEREOF, INSURANCE CSMPANY OF THE WEST has czused its official seal to Se unto affixed and these presents to be sipned by its duly authorized officer,
Zerold D. 2all
I ' AN C3MPANY OF THE WEST 20Lk d2y of July, 1990 JeyI, e Q 5 $,*sm.?G,. +".a L,%+ 21 / 2$$?&*4/ Presiaent
before the subscriber, a Notary Public of the on t~is 2Otb day of July, 1990 of Culifornia, in and for the County of San Diego, duly ccmmissioned and qualif5ed BEiZNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally knc be the individual and officer described in and who executed t3e preceding instru;;len he acknowledged the execution of -,he same, cnd being by me duly sworn, deposet3 cnd that he is the said officer of the Corporation aforesaid, and that the seal affixed preceding instrument is the Corporate Seal of the said Corporntion, and that thi Corporate Seal and his signature as sucfi officer were duly affixed and subscribed said instrument by the authorlty and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Offlcial Seal, at th
of Scn Diego, tfre day and year flrst above written.
STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS:
'I
/i p&u >?[&?A 8- Notary Punlic
STATE OF CALIFORNIA COUNTY OF SAN DIEGO .%'
I, the undersigned, JAMES W. AUSTiN, 1x1, Secretcrry of INSURANCE CCirlPANY OF THE WI hereby certify that the origincl ?OWE4 OF ATTORNEY, of which t3e foregoing is a full and correct copy, is in full force and effect, and hcs not been revoked.
ITNESS WHEREOF, I have hereunto subscribed my name as Secretgry. and affir Carporate I..' Seal of the Corporation. this 23RD dcy Of JUNE 19 94
. ?*G\,$,\ e cc_ ,hzr.-i! r,d , 5 lL,k& d c re L z r y
ICX CAL 37{i7~v. 5/87] :,yw.. 2:/ ., // L
fi- @i ? x*" "') z;! /I /
\ :4! i,.p~I~ ,,.'
WOfiERT T. 'DKIVER CO., INC.
Jerry Hall
Yotar represenlatiue
(6 19) 238- 1828
1620 FlFTH AVE., SAN DIEGO, CA 92101
BUND LYW. LJJ UJ 14
30
FAITaFuL PERFORMANCEWARRANTY BOND
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, State of
California, by Resolution No. 874 , adopted June 14. 1994 , has awarded to
Drainaqe Construction Co., Inc. , (hereinafter designated as the
"Principal"), a Contract:
.()
FOR CONSTRUCTION OF PONTO SEWER MAIN REALIGNMENT
AND EXISTING MANHOLE REPAIRS
CMWD PROJECT NO. 93-403 - CONTRACT NO. 3432
in the Carlsbad Municipal Water District, in strict conformity with the contract, the drawing:
and specifications, and other Contract Documents now on file in the Office of the Secreta?
of the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad), all of whkl
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the term
thereof require the furnishing of a bond for the faithful performance and warranty of saic
Contract;
NOW, THEREFORE, WE, Drainage Construction Co., Inc. , as Principa
(hereinafter designated as the "Contractor"), and Insurance Company of the West ,a Surety, are held and firmly bound unto the Carlsbad Municipal Water District, in the sun
said sum being equal to one hundred percent (100%) of the estimated amount of th
Contract, to be paid to District or its certain attorney, its successors and assigns; for whic
payment, well and truly to be made, we bind ourselves, our heirs, executors an
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounde
Contractor, their heirs, executors, administrators, successors or assigns, shall in all thing
stand to and abide by, and well and truly keep and perform the covenants, conditions, an
agreements in the Contract and any alteration thereof made as therein provided on the
part, to be kept and performed at the time and in the manner therein specified, and in 2
respects according to their true intent and meaning, and shall indemnify and save harmle
the Carlsbad Municipal Water District, its officers, employees and agents, as there
stipulated, then this obligation shall become null and void; otherwise it shall remain in fi
force and effect.
As a part of the obligation secured hereby and in addition to the face amount specific
therefor, there shall be included costs and reasonable expenses and fees, includir
reasonable attorney's fees, incurred by the District in successfully enforcing such obligatio
all to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that no charge, extension of time, alteration or addition to t
Faithful Performan
Warranty Bo
3/1/94 R
e Three Hundred El even Thousand Five Hundred Ni netv Two--- Dollars ($ 311,592 .OO \
0
I 31
terms of the Contract, or to the work to be performed thereunder or the specifications I accompanying the same shall affect its obligations on this bond, and it does hereby waive
notice of any change, extension of time, alterations or addition to the terms of the Contract,
or to the work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any such
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this
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Executed by SURETY this 23rd day of day of ,19-. June ,19%.
CONTRACTOR: SURETY:
Drainage Construction Co., Inc. Insurance Company of the West
(Name of Contractor) :I By:
Lart&m-l;*
3 pe,iJQs\ *- e+ MC/.
(print name hdre)
i
j),-&ny bY?d%CLO -t (attach corporate resolution showing
I current power of attorney)
I
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4
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DP
I
35% C;"aYqQ)% '\bQ AD
(print name here
C3P%L+dib* SU," %&my to. \nL
(title and orgadzation of signatory1
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President and vice-president and secretary must sign for corporations. If only one officer signs, th
corporation attach a resolution certified by the secretary or assistant secretary under corporate sa
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
General Counsel
By: 1 /b& I Deputy Gehdral Counsel
Faithful Performam Warranty Bo1
3/1/94 Rt
------ ------- --- . -.-I --- .-.-.-.~-ww--aum~n I
Though statute does not require t
fill in the data below, doing so invaluable to persons relying on tht
State of CALIFORNIA
County of SAN JITEGO
Shelley L. Clark, Notary Public
resident/Sec
0 PARTNER@) 0 LlMl-
GEN 0 ATToRNEY-IN-FACT
c] TRUSTEE(S)
0 GUARDIANICONSERVP
TITLE(S)
NAME TITLE OF OFFICER E G ‘JANE DOE NOTARY PUBLIC”
GARY R. THIBODO
NAMEJXQOF SIGN )
erSOnally known to me - OR - 0 proved to me on the bzs of satisfactory evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
SIGNER IS REPRESEN1
Drainage Const
Co., Inc.
NAME OF PERSON& OR ENTITYb
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT. TITLE OR TYPE OF
NUMBER OF PAGES
CAPACITY CLAIMED BY
Though statute does not require th fill in the data below. doing SO
imaiuable to pem ~~IYIIKI on me
County ofSAN DIEGO
on 6-23-94 beforeme, VALERIE M. PEARCE, NOTARY PUBLIC n CORPORATE OFFICER( DATE NAME, TIRE OF OFFICER ~ E G.. ‘JANE WE. NOTARY PU8uc-
JEROLD D. HALL
m(S) personally appeared
Q personally known to me - OR - a proved to me on the basis of satisfactory evidence to be the person(s) whose namefs) idare subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
NAME(S) OF SIGNER(S) 0 PARTNER(S) c] UMlTi [7 GENE m ArfoRNEY-lN-FACT
TRUSTEEW
SIGNER IS REPRESENT
NAME OF PERSON(S) OR ENTITVIE5
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
TITLE OR TYPE OF DOCUMENT
(PI 992 NAnONAL NOTARY ASSOClATlON 8236 Remmet he.. p 0.mX 71 84 aw Pal
INSURANCE COMPAlUY OF THE WEST - HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of m POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporatior authorized and existing under the laws of the State of California and having its prj Office in the City of Son Diego, California, does hereby nominate, constitute and apF
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby confer its name, place and stead, to execute, seal, acknowledge and deliver any and all undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and authority of the following Resolution adopted by the Board of Directors of IN: COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, which said Resolution has not been amended or rescinded and of which the followir true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorn< Fact to represent and act for and on behalf of the Company, and either the Presic Secretary, the Board of Directors or Executive Committee may at any time removi Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it furthc RESOLVED: That the Attorney-in-Fact may be given full power to execute for and name of and on behalf of the Company any and all bonds and undertakings as the busin the Company may require, and any such bonds or undertakings executed by any such Att in-Fact shall be as binding upon the Company as if signed by the President and seal attested by the Secretory. ''
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be unto affixed and these presents to be signed by its duly authorized officer
Jerold D. EIall
I ' AN COMPANY OF THE WEST 2OtFI dzy of July, 1990
i. fJ) 3 %eor 1. ,# -r 4 2$$j&L44/ President
STATE OF CALIFORNIA C4r/FoRN\b COUNTY OF SAN DIEGO SS:
On this 20th day of July, 1990 before the subscriber, a Notary Public of th6 of Colifornia, in and for the Caunty of San Diego, duly commissioned and qualifiec BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally kn be the individual and officer described in and who executed the preceding instrumer he acknowledged the execution of the same, and being by me duly sworn, deposeth cnd that he is the said officer of the Corporation aforesaid, and that the seal affixed preceding instrument is the Corporate Seal of the said Corporotion, and that thl Corporate Seal and his signature as such officer were duly affixed and subscribed said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at th of San Diego, the day and year first above written.
>T,&),M.h, 1- - i Q)&U
Notary Puolic
STATE OF CALIFORNIA COUNTY OF SAN DIEGO ,='
I, the undersigned, JAMES W. AUSTIN, 111, Secretary of INSURANCE COMPANY OF THE WE hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full and correct copy, is in full force and effect, and has not been revoked.
d)W;TNESS WHEREOF, I have hereunto subscribed my nome as Secretary, and afiix
Corporate Seal of the Corporation, this 23RD day of JUNE 19 94
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\ i',a p 2Ll;J \*"5n''Q I d RE!wrJ* Secrets Li&7k.Ai7i- ry -
IC" CAL 37(REV. 5/87) , *4#-, ,+X/?!
%:i"UW";'
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XB3ERT T. VRlV€R co., ".
Jerry Hall
Your represenk!ive
(6 19) 238- I828
1620 FIFTH AVE., SAN DIEGO, CA 92101
ria & Frick Insurance D, EXTEND OR ALTER THE COVE
ana Beach CA 92075
Stevens Ave., #115
COMPANIES AFFORDING COVERAGE
~~~~~y A Transcontinental Ins. Co.
LETTER B Republic Indemnity Co of Amer
LETTER c Valley Forge Insurance Co.
COMPANY
COMPANY
L GENERAL LIABILITY A20789487
OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $1C
FIRE DAMAGE (Any one fire1 $
A75 66 87 6 07/15/94 07/14/95
$ BODILY INJURY lPer person)
ALL OWNED AUTOS
SCHEDULED AUTOS
s X HlREDAUTOS BODILY INJURY x NON-OWNED AUTOS lPer accident)
GARAGE LIABILITY
EACH ACCIDENT
s named as additional insured per the attached
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL -
MAIL^ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NA
City of Carlsbad Purchasing Dept. 1200 Carlsbad Village Dr. Carlsbad CA 92008-1989
b
CNA Insurance
Drainage Construction Co. Inc. Policy Number: CCP237282
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
WHO IS AN INSURED (Section Ill is amended to include as an insured any person or organization (called ad
insured) whom you are required to add as an additional insured on this policy under:
1. A written contract or agreement; or
2. An oral agreement or contract where a certificate of insurance showing that person or organization as i
additional insured has been issued but:
the written or oral contract or agreement must be:
(a) currently in effect or becoming effective during the term of this policy; and
(b) executed prior to the "bodily injury," "property damage," "personal injury," or "advertising injury."
The insurance provided to the additional insured is limited as follows:
1. That person or organization is only an additional insured with respect to liability arising out of
a. Premises you own, rent, lease, or occupy or
b. "Your work" for that additional insured by or for you.
2. The limits of insurance applicable to the additional insured are those specified in the written contract or
agreeiment or in the Declarations for this policy whichever are less. These limits of insurance are inclusi
of and not in addition to the limits of insurance shown in the Declarations.
0
The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "per:
injury", or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure '
render any professional services including:
1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, c
order!;, design or specifications; and
2. Supervisory, inspection, or engineering services.
Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to
additionall insured whether primary, excess, contingent or on any other basis unless a contract specifically r(
that this [insurance be primary or you request that it apply on a primary basis.
THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YO
P (ED. 09/92)
4
THIS E~~~~RSEW~T CHANGE% TXE Petm, : PLEASE READ IT ARES SULLY.
AOOITIONAL INSURED
THIS ENOOZSEMENT HODIFIES INSURMCE PROVlOED UNi)S2 TAE:-FQLLOWINGt
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BUSINESS AUTO COVERAGE FORX
SCHEDULE Etzme THE CITY OF CARL SBAD Lotation
.WHO 15 AN INSURED (Section 11) is amended to inctude as an insired the pers or organiration(s) shown in the schedule but only wlth rsspect:to .- their Tia arjsing out of:
a). your work for the additional insured(s) at the loeatifin designated
far claims arising out of the opsration, maintenance, or uss & a,covered a
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City of Carlsbad
Purchasing Department - Representation and Certification c ! The following representation and certification are to be completed, signed and returned with proposal u This offeror represents as part of this offer that:
(Check alppropriate Ethnic Business Type)
REPRESENTATIONS: Mark all applicable blanks. I am currently certified by:
Certification #:
CERTIFICATION OF BUSINESS
REPRESENTATION(S):
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Mark all applicable blanks. This offeror represe
part of this offer that:
This firm is , is not fi a
minority business.
This firm is , is not VJ i
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I woman-owned business.
DE F I N ITIiDNS: 1 MINORITY BUSINESS ENTERPRISE: 'Minority
Business' is defined as a business, at least 51 percent of
which is owned, operated and controlled by minority
roup members, or in the case of publicly owned
businesses, at least 51 percent of which is owned,
operated and controlled by minoti group members. B The Small Business Administration defines the socially
and ecoriomically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le. 1 American Indian, Eskimos, Aleuts and Native Hawaiians),
and Asian-Pacific Americans (Le., U.S. Citizens whose
origins are from Japan, China, the Philippines, Vietnam,
Korea, Samoa, Guam, the U.S. Trust Territories of the u Pacific, Nlorthern Marianas, Laos, Cambodia and Taiwan).
I The information furnished is certified to be factual and correct as of the date submitted.
Drainaqe Construction Co.. InG Gary R. Thibodo
WOMAN-OWNED BUSINESS: A woma
business is a business of which at least 51 p
owned, controlled and operated by a woman or
Controlled is defined as exercising the power
policy decisions. Operation is defined as
involved in the day-to-day management.
cg
CERTIFICATION:
NAME
Pres iden t 1 CoMPAhlY NAME 1505 Sycamore Ave.
ADDRESS R Vista, Ca 92083
I (619) 727-3114 06/30/94
CITY,STATE AND ZIP
TELEPHONE NUMBER DATE
Purchas
Representatio
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OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the Carlsbad Municipa
Water District whose address is 5950 El Camino Real, Carlsbad, California 92008
hereinafter called "District" and
whose address is - hereinafter called "Contractor" and - whose address is - hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agret
as follows:
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Pursuant to Section 22300 of the Public Contract Code of the State of California
Contractor has the option to deposit securities with Escrow Agent as a substitutc
for retention earnings required to be withheld by District pursuant to thc
Construction Contract entered into between the District and Contractor for
Construction of Ponto Sewer Main Realignment - and Existing Manhole ReDairs
in the amount of
dated (hereinafter referred to as the "Contract"). Alternatively
on written request of the Contractor, the District shall make payments of thc
retention earnings directly to the Escrow Agent. When Contractor deposits thc
securities as a substitute for Contract earnings, the Escrow Agent shall notify thr
District within ten (10) days of the deposit. The market value of the securities at thc
time of the substitution shall be at least equal to the cash amount then required tc
be withheld as retention under the terms of the Contract between the District anc
Contractor. Securities shall be held in the name of Carlsbad Municipal Wate
District and shall designate the Contractor as the beneficial owner.
The District shall make progress payments to the Contractor for such funds whicl
otherwise would be withheld from progress payments pursuant to the Contrac
provisions, provided that the Escrow Agent holds securities in the form and arnoun
specified above.
When the District makes payment of retentions earned directly to the Escrow Agen
the Escrow Agent shall hold them for the benefit of the Contractor until such tim
as the escrow created under this contract is terminated. The Contractor may direc
the investment of the payments into securities. All terms and conditions of thi
agreement and the rights and responsibilities of the parties shall be equally applicabl
and binding when the District pays the Escrow Agent directly.
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4. Contractor shall be responsible for paying all fees for the expenses incurred by
Escrow Agent in administering the Escrow Account and all expenses of the District.
These expenses and payment terms shall be determined by the District, Contractor
and Escrow Agent.
The interest earned on the securities or the money market accounts held in escrow
and all interest earned on that interest shall be for the sole account of Contractor
and shall be subject to withdrawal by Contractor at any time and from time to time
without notice to the District.
Contractor shall have the right to withdraw all or any part of the principal in the
Escrow Account only by written notice to Escrow Agent accompanied by written
authorization from District to the Escrow Agent that District consents to the
withdrawal of the amount sought to be withdrawn by Contractor.
The District shall have a right to draw upon the securities in the event of default by
the Contractor. Upon seven (7) days written notice to the Escrow Agent from the
District of the default, the Escrow Agent shall immediately convert the securities to
cash and shall distribute the cash as instructed by the District.
Upon receipt of written notification from the District certifymg that the Contract is
final and complete, and that the Contractor has complied with all requirements and
procedures applicable to the Contract, Escrow Agent shall release to Contractor all
securities and interest on deposit less escrow fees and charges of the Escrow Account.
The escrow shall be closed immediately upon disbursement of all monies and
securities on deposit and payments of fees and charges.
Escrow agent shall rely on the written notifications from the District and the
Contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the
District and Contractor shall hold Escrow Agent harmless from Escrow Agent’s
release and disbursement of the securities and interest as set forth above.
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Escrow Agreement fol
Surety Deposits in
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8 10. The names of the persons who are authorized to give written notice or to receive
written notice on behalf of the District and on behalf of Contractor in connection
with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of District: On behalf of Contractor:
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1: Name Name
1 Signature Signature
1 Ad dress Address
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On behalf of Escrow Agent: I
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I) Name
ID Signature
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Escrow Agreement foi
Surety Deposits iI
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Ait the time the Escrow Account is opened, the District and Contractor shall deliver to the I Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper
officers on the date first set forth above.
District: Contractor:
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RELEASE FORM
THIS FORM SHALL BE SUBMITIED AND APPROVED PRIOR TO APPROVAL OF
MONTHLY PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PlROJECT DESCRIPTION: and Existing Manhole Repairs, CMWD Proiect No. 93-403
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges upon payment in the full amounl
specified all compensation of whatever nature due the Contractor for all labor and materials
furnished and for all work performed on the above-referenced project for the period
specified above with the exception of contract retention amounts and disputed work 01
0
Construction of Ponto Sewer Main Realignment
1 claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $
DISPUTED WORWCLAIMS
AMOUNT CLAIMEC 1 - DESCRIPTION OF DISPUTED WORWCLAIM (OR ESTIMATE:
The Contractor further expressly waives and releases any claim the Contractor may have 1) of whatever type or nature, for the period specified which is not shown as disputec
work/claim on this form. This release and waiver has been made voluntarily by Contract01
uithout any fraud, duress or undue influence by any person or entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, an(
work due Subcontractors for the specified period will be paid according to Public Contrac
Code Section 20104.50 and Business and Professions Code Section 7108.5 and that thc
parties signing below on behalf of Contractor have express authority to execute this release
DATED:
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PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership, Corporatior
etc.)
By:
Title:
By:
Title:
Release Fon
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SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
d
I FOR PUBLIC WORKS CONSTRUCTION
- 1-1 TERMS
To Section 1-1, add: I A. Reference to Drawings
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Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of similar
import are used, it shall be understood that reference is made to the plans accompanying
these provisions, unless stated otherwise.
B.. Directions:
Where words "directed," "designated," "selected," or words of similar import are used, it shall
bt: understood that the direction, designation or selection of the Engineer is intended, unless
stated otherwise. The word "required" and words of similar import shall be understood tc
mean "as required to properly complete the work as required and as approved by the
District Engineer," unless stated otherwise. 1,
I C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar imporl
are used, it shall be understood such words are followed by the expression "in the opinior of the Engineer,'' unless otherwise stated. Where the words "approved," "approval,'
"a.cceptance," or words of similar import are used, it shall be understood that the approval
acceptance, or similar import of the District is intended.
Dl. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at herhis expense
shall perform all operations, labor, tools and equipment, and further, including thc
furnishing and installing of materials that are indicated, specified or required to mean tha
the Contractor, at hahis expense, shall furnish and install the work, complete in place anc
ready to use, including furnishing of necessary labor, materials, tools, equipment, anc
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Special Provision
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1-2 DEFINITION§
Modify Section 1-2 as follows:
Agency - the Carlsbad Municipal Water District, Carlsbad, California
Engineer - the District Engineer for the Carlsbad Municipal Water District or his approvec
representative.
2-4 CONTRACT BONDS
Delete the third sentence of the first paragraph having to do with a surety being listed in the
latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraph three and four to read:
The contractor shall provide a faithful performancefiarranty bond and payment bond (laboi
and materials bond) for this contract. The faithful performancefiarranty bond shall be in
the amount of 100 percent of the contract price and the payment bond shall be in the
amount of 50 percent of the contract price. Both bonds shall extend in full force and effecl
and be retained by the District during the course of this project until they are released
according to the provisions of this section.
The faithful performanceharranty bond will be reduced to 25 percent of original amount
35 days after recordation of the Notice of Completion and will remain in full force and effect
for the one year warranty period and until all warranty repairs are completed to the
satisfaction of the District engineer.
The payment bond shall be released six months plus 35 days after recordation of the Notice
of Completion if all claims have been paid.
Add the following:
All bonds are to be placed with a surety insurance carrier admitted and authorized to
transact the business of insurance in California and whose assets exceed their liabilities in
an amount equal to or in excess of the amount of the bond. The bonds are to contain the
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney,
by laws, or other instrument entitling or authorizing the person who executed the
bond to do so.
A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner. 2)
Special Provisions
3/1/94 Rev.
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If the bid is accepted, the District may require a financial statement of the assets and li liabilities of the insurer at the end of the quarter calendar year prior to 30 days next
preceding the date of execution of the bond. The financial statement shall be made by an
officer's certificate as defined in Section 173 of the Corporations Code. In the case of b foreign insurer, the financial statement may be verified by the oath of the principal officer
or manager residing within the United States.
- 2-5 PLANS AND SPECIFICATIONS
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"hie specifications for the work include the Carlsbad Standard Sewer System Design Criteria ' and Standard Drawings & Specifications and the Standard
secifications for Public Works Construction, (SSPWC), 1991 Edition, and the latest
sulpplement, hereinafter designated "SSPWC', as issued by the Southern California Chapter I of the American Public Works Association, and as amended by the Special Provisions
section of this contract. i The Construction Plans consist of 3 sheet(s) designated as Carlsbad Municipal Water
District Drawing No. 93-403 . The standard drawings utilized for this project are the
latest edition of the Carlsbad Standard Sewer System Design Criteria and Standard - Drawings & Specifications: San Diego Regional Standard Drawings I c-
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Copies of pertinent standard drawings are enclosed with these documents.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacturer's
direction, the Contractor shall obtain and distribute the necessary copies of such instruction,
including two (2) copies to the District.
- 2-5.4 Record Drawings: -
The Contractor shall provide and keep up-to-date a complete "as-built" record set of
transparent sepias, which shall be corrected daily and show every change from the original
drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this
purpose may be obtained from the City at cost. This set of drawings shall be kept on the
job and shall be used only as a record set and shall be delivered to the Engineer upon
completion of the work.
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- 4-1 MATERIALS AND W0RKI"S'HIP
To Section 4-1.3.1, Inspection Requirements, General, add:
Special Provisiom
3/1/94 Rev
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All work shall be under the observation of the Engineer or his appointed representative
The Engineer shall have free access to any or all parts of work at any time. Contract0
shall furnish Engineer with such information as may be necessary to keep her/him full:
informed regarding progress and manner of work and character of materials. Inspection o
work shall not relieve Contractor from any obligation to fulfill this Contract.
Modify Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testinl
materials and/or workmanship where the results of such tests meet or exceed thc
requirements indicated in the Standard Specifications and the Special Provisions. The cos
of all other tests shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of the materials shall bc
approved by him before the delivery is started. All materials proposed for use may br
inspected or tested at any time during their preparation and use. If, after trial, it is founc
that sources of supply which have been approved do not furnish a uniform product, or if thc
product from any source proves unacceptable at any time, the Contractor shall furnisl
approved material from other approved sources. After improper storage, handling or an!
other reason shall be rejected.
All backfill and subgrade shall be compacted in accordance with the notes on the plans anc
the SSPWC. Compaction tests may be made by the District and all costs for tests that mee
or exceed the requirements of the specifications shall be borne by the District.
Said tests may be made at any place along the work as deemed necessary by the Engineer
The costs of any retests made necessary by noncompliance with the specifications shall be
borne by the Contractor.
Add the following section:
4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforming to the plans 01
specifications upon written order by the Engineer. Any cost caused by reason of thi!
nonconforming work shall be borne by the Contractor.
5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, by a search off known records.
endeavored to locate and indicate on the Plans, all utilities which exist within the limits oj
the work. However, the accuracy of completeness of the utilities indicated on the Plans is
not guaranteed.
Special Provisions
3/1P4 Rev
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1 - 5-4 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including service
connections, desired by the Contractor for hisher own convenience shall be the Contractor’s
own responsibility, and he/she shall make all arrangements regarding such work at no cost
to the District. If delays occur due to utilities relocations which were not shown on the
Plans, it will be solely the District’s option to extend the completion date.
In order to minimize delays to the Contractor caused by failure of others to relocate utilities
which interfere with the construction, the Contractor, upon request to the District, may be
permitted to temporarily omit the portion of work affected by the utility. The portion that
is omitted shall be constructed by the Contractor immediately following the relocation of the
utility involved unless otherwise directed by the City.
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Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following: I
1. The prime contractor is required to prepare in advance and submit at the
time of the project preconstruction meeting a detailed critical path method
(CPM) proper schedule. This schedule is subject to the review and approval
of the City.
The schedule shall show a complete sequence of construction activities
identifylng work for the complete project in addition to work requiring
separate stages, as well as any other logically grouped activities. The schedule
shall indicate the early and late start, early and late finish, 50% and 90%
completion, and any other major construction milestones, materials anc
equipment manufacture and delivery, logic ties, float dates and duration.
The prime contractor shall revise and resubmit for approval the schedule a! required by City when progress is not in compliance with the origina
schedule. The prime contractor shall submit revised project schedules wit1
each and every application for monthly progress payment identifymg change:
since the previous version of the schedule.
The schedule shall indicate estimated percentage of completion for each iten
of work at each and every submission.
The failure of the prime contractor to submit, maintain, or revise thc
aforementioned schedule(s) shall enable City, at its sole election, to withhold
Special Provision
3/1D4 Re\
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up to 10% of the monthly progress payment otherwise due and payable to the
contractor until the schedule has been submitted by the prime contractor and
approved by City as to completeness and conformance with the
aforementioned provisions.
No changes shall be made to the construction schedule without prior written
approval of the Engineer. Any progress payments made after the scheduled
completion date shall not constitute a waiver of this paragraph or any
damages.
Coordination with the respective utility company for removal or relocation of
conflicting utilities shall be requirements prior to commencement of work by
the Contractor.
6-5 TERMINATION OF CONTRACT
Add the following sentence to this section:
Grounds for termination of the contract by the District include failure of the District or
Contractor to obtain necessary permits from other governmental agencies, or unreasonable
delay caused by enforcement of laws and regulations by other public agencies, including but
not limited to, enforcement of the Endangered Species Act and other similar laws.
6-63 PAYMENT FOR DELAYS TO CONTRACTOR
Add the following sentence to this section:
The District shall not be liable for delay caused by the enforcement of laws and regulations
by other public agencies, including but not limited to, enforcement of the Endangered
Species Act and other similar laws.
6-7 TIME OF COMPLETION
The Contractor shall begin work within ten (10) calendar days after receipt of the "Notice
to Proceed" and shall diligently prosecute the work to completion within thirty (30) calendar
days after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Special Provisions
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Hours of work - All work shall normally be performed between the hours of 7:OO a.m. and
sunset, from Monday thru Friday. The contractor shall obtain the approval of the Engineer
if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission of the
Engineer. This written permission must be obtained at least 48 hours prior to such work.
Tlne Contractor shall pay the inspection costs of such work.
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- 6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion'
arid any faulty work or materials discovered during the guarantee period shall be repairec
01' replaced by the Contractor, at his expense. Twenty-five percent of the faithfu.
performancehvarranty bond shall be retained as a warranty bond for the one year warranty
period.
- 6-9 LIQUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $250.00 per
day for each day beyond the completion date as liquidated damages for the delay. An)
progress payments made after the specified completion date shall not constitute a waiver ol
this paragraph or of any damages.
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- 7-3 LIABILITY INSURANCE I Add the following:
All insurance is to be placed with insurers that have rating in best's Key Rating Guide of at
least A-:V and are authorized to conduct business in the state of California and are listed
in the official publication of the Department of Insurance of the State of California.
- 7-4 WORKERS' COMPENSATION INSURANCE I A,dd the following:
AJl insurance is to be placed with insurers that are authorized to conduct business in the
State of California and are listed in the official publication of the Department of Insurance
of the State of California. Policies issued by the State Compensation Fund meet the
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requirement for workers’ compensation insurance.
7-5 PERMITS
Modify the first sentence to read:
The Agency shall obtain, at no cost to the Contractor, all encroachment, right-of-way,
grading, and building permits necessary to perform work for this contract on District and
City property, in street, highways (except State highway right-of-way), railways or other
rights-of-way .
Add the following:
Contractor shall secure and pay for all County or State permits, fees and licenses necessary
for proper execution and completion of work as applicable at time of receipt of bids.
Contractor shalI not begin work until all permits incidental to the work are obtained.
Contractor shall obtain approval for haul routes. Haul route approvals shall be issued by
the City Engineer.
7-8 PROJECTS AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working days
at the District’s request.
Add the following to Section 7-8:
7-8.8 Noise ControI
All internal combustion engines used in the construction shall be equipped with mufflers
in good repair when in use on the project with special attention to City Noise Contro
Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the work
site and shall comply with all applicable provisions of Federal, State and Municipal safetJ
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laws and building codes to prevent accidents or injury to persons on, about, or adjacent tc
the premises where the work is being performed. He/she shall erect and properly maintair
a1 all time, as required by the conditions and progress of the work, all necessary safeguard!
for the protection of workers and public, and shall use danger signs warning against hazard!
created by such features of construction as protruding nails, hoists, well holes, and fallini
materials.
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- 7-813 LAWS TO BE OBSERVED
Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation and Grading
If this notice specifies locations or possible materials, such as borrow pits or gravel beds
far use in the proposed construction project which would be subject to Section 1601 01
Section 1603 of the Fish and Game Code, such conditions or modifications establishec
pursuant to Section 1601 of the Fish and Game Code shall become conditions of the
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- 8 FACILITIES FOR AGENCY PERSONNEL
- 9-3 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amouni
of retention.
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- 10 SURVEYING
District Engineer will establish a system of surveyed horizontal control points at 25 foot
stations throughout the project and at each angle point location. The Contractor shal
establish all intermediate lines and grades through the use of appropriate equipment.
Contractor shall preserve all surveyed control points. All expenses related to replacement
if any, of the preceding which have been disturbed or destroyed by Contractor shall be paid 8 fcir by Contractor.
Where bench marks or other permanent markers must be disturbed or removed in
constructing the Project, carefully preserve item until a reference has been made for itz
relocation, notify the District Engineer in sufficient time for item to be relocated withoui
causing delay in the Work, and pay all costs related to such relocation.
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Notify Engineer well in advance of the date and location of Work, so that the permanent
horizontal control to be furnished by the District Engineer may be established.
The Contractor shall pay double time for survey work that he requests to be done prior to
7:OO a.m. or after 300 p.m. Monday through Friday, or on holidays or weekends.
11 WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the construction
under this contract. The Contractor shall contact the Water District for requirements, phone
(619) 438-2722 ext. 109. The Contractor shall include the cost of water and meter rental
within appropriate items of the proposal. No separate payment will be made.
12 STAGING AREA
Location of staging area shall be as selected by the Contractor but subject to City approval
No permits required.
The staging area may be placed in a pipeline easement or the Contractor may make
arrangements with an adjacent property owner for an appropriate site.
Staging area may not be placed in or impact a public parking facility, may not be graded,
interfere with traffic, operation of a utility, impede drainage, or in anyway affeci
environmentally sensitive habitats or endangered species.
Aside from arrangements made between the property owner and contractor, after work ha:
been completed, the staging area shall be returned to its original condition inchdint
necessary hydroseeding to replace removed or damaged vegetation.
No separate payment will be made for a staging area.
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TECHNICAL SPECIFICATIONS SUPPLEMENTAL PROVISIONS
The work performed under this contract shall be done in accordance with Carlsbad Sewei
System Design Criteria and Standard Drawings & Specifications, latest edition; anc
"Standard Specifications for Public Works Construction" (Green Book), latest edition.
1. TRAFFIC CONTROL
1.
1 A. General:
The Contractor shall furnish maintenance of traffic and detours in accordanct
with the Traffic Control Plan and State of California "Department o
Transportation Manual of Traffic Controls for Construction and Maintenanct
of Work Zones", latest edition, for all portions of this contract with 0:
adjacent to public Right-of-way, streets and drives, and replace all striping
reflectors, dots, or other traffic control devices removed or disturbed durinl
construction.
The Contractor shall furnish, construct, maintain and finally remove detours
road closures, lights, signs, barricades, fences, miscellaneous traffic devices
flagmen, and reconstruct paving and other such items and services as art
necessary to adequately safeguard the public from hazard and inconvenience
All such work shall be as provided in the Specifications herein or as directec
by the CITY ENGINEER, and shall comply with all ordinances, directives
and regulations of the City of Carlsbad.
It is the intent of these Specifications to provide for adequate traffic detou
routing and signing to maintain a smooth and safe flow of traffic through an(
around the construction area.
B. Construction Signs and Barricades:
Construction signs and barricades uses for handling traffic and for public
convenience shall conform to the State of California, Department o
Transportation, "Manual of Traffic Controls for Construction and Maintenancc
Work Zones", latest edition, and "Work Area Traffic Control Handbook"
latest edition.
All signs and barricades shall be illuminated or reflectorized when they arc
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used during hours of darkness. All delineators, cones, barricades or post!
used in the diversion of traffic shall be provided with flashers or othei
satisfactory illumination if in place during darkness.
The Contractor shall maintain a 24-hour emergency service to remove, install
relocate, and maintain warning devices and shall furnish to the City Engineei
and Police Department names and telephone numbers of two person:
responsible for this emergency service. In the event these persons do no
promptly respond when notified by the City Engineer or his representative
the City of Carlsbad reserves the right to call other forces to accomplish sucl
required emergency service, and the Contractor will be held responsible foi
any and all costs incurred by the District.
The cost for City placement or replacement of missing or displaced warnin!
devices shall be in accordance with the following provisions:
a. For placing barricades - $5.00 per barricade for the first day or an!
part thereof and $2.00 per barricade per day for each day thereaftei
or any part thereof.
For flashers - $2.50 per flasher for the first day or any part thereof anc
$1.00 per flasher per day for each day thereafter or any part thereof
For traffic cones - $1.00 per cone for each day or any part thereof.
In the event that the services of the City are required between the
hours of 500 p.m. and 6:30 a.m., during the normal week or any time
on Saturday, Sunday, or a City holiday, there shall be an additiona
charge of $26.00 for each service trip required.
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Judgement as to adequate or sufficient barricading shall be that which i:
adequate or sufficient in the opinion of the City Engineer or hi!
representative.
C. Vehicular Traffic Control:
Prior to the start of each work day, the Contractor shall perform all necessaq
work incidental to and commensurate with the proper signing, detouring
barricading, etc. heretofore and hereinafter specified, that is required for the
particular day’s schedule of operations. No construction shall be permittec
until such signing and detouring operations have been completed. At the
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completion of the project, the original striping pattern shall be replaced by the
Contractor, unless directed otherwise by the City Engineer.
D. Permanent Traf‘fic Control:
I.
All existing permanent traffic control signs, barricades and devices shal
remain in effective operation unless a substitute operation is arranged for an(
approved by the City Engineer as a portion of vehicular traffic control above 8
8 E. Payment:
I All material and work specified in this section shall be paid for on a lump sun
basis for traffic control as indicated in the bid schedule.
2. UNDERGROUND FACILITIES
A. General:
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Attention is directed to the possible existence of underground facilities no
known or in a location different from that which is noted on Plans or in thesr
Special Provisions. The Contractor shall take all steps necessary to locate an(
protect existing facilities prior to doing any work that may damage saic
facilities or interfere with their service. Before excavating, the Contract0
shall verify the location of underground facilities by contacting DIG &ERl
at 1 (800) 422-4133 for a one call markout.
Exmsure of Utilities in Advance of Work
It shall be the Contractor’s responsibility to determine the true locations of a1
utilities and service connections. He shall also determine the type of materia
and condition of any utility which may be affected by or affect the work.
The Contract Drawings show the general location of underground pipeline
and utilities. The location is based on the best information available to thc
District. The District does not guarantee the location, and it shall be thc
Contractor’s responsibility to fhd the exact location.
The Contractor shall expose all utilities and services prior to any constructioi
activity. If the utilities and service connections differ from those shown on thc
Plans, the Contractor shall notify the Owner immediately in writing. Withii
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Zone week, the Owner may make changes with alignment and grade of work
to obviate the necessity to remove, relocate, protect or temporarily maintain
such utility facilities or to reduce the costs of the work involved in removing,
relocating, protecting or temporarily maintain such utility facilities. All costs
of potholing and exposing shall be borne by the Contractor.
3. EARTEJYVORK
A. General:
All structural trenching, backfilling and compacting shall conform to the
"Standard Specifications for Public Works Construction" (Green Book), latest
edition, except as herein modified.
Trench Depth: Trench depth shall be adequate to accommodate the pipe anc
its foundation at the profile shown on the plans.
Pipe Submade: Pipe subgrade at the trench bottom shall have a flat cros:
section. The bottom of the trench shall be graded and prepared to provide
a firm and uniform bearing throughout the entire length of each joint excepl
for required "bell holes" at joints. Pipe shall not be laid on earth mounds
Joints and couplings shall not rest on the trench bottom.
Foundations in Poor Soil and Rock Foundations in poor soil shall be
constructed by removing all soft, spongy, and deleterious materials below pipe
bottom grade to a depth determined by the Inspector. The void shall then be
backfilled to pipe grade with specified bedding material compacted to a
minimum relative compaction of 90 percent (90%). The replacement 01
unsound materials to a depth as directed by the Inspector below bottom of
pipe grade shall be considered part of the work. Blasting of rock shall require
District Engineer approval.
Foundations in Rock Foundations in rock shall be constructed by removini
rock a minimum depth of six (6') inches below bottom of pipe grade anc
backfilling with specified bedding material compacted to a minimum relatiw
compaction of 90 percent (90%).
Correction of Faultv Grades: All excavations carried below pipe grade shal
be backfilled to proper grade with specified bedding material compacted tc
a minimum relative compaction of 90 percent (90%).
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Bedding and Encasement: Bedding and/or encasement shall consist of well
graded % to ?4 inch (19 to 6-mm) crushed stone or other non-consolidating
bedding material not subject to migration.
Material shall be spaded or shovel sliced so material fills and supports the
haunch area and encases the pipe to the limits shown on the trench detail
(Sheet 3 of Plans).
Initial Backfill: Initial backfill shall be defined as select finely divided
material free of debris, organic material or large stones placed in a twelve
(12") inch zone upward from the top of pipe and compacted to a minimum
relative compaction of 90 percent (90%).
Final Backfill: Final backfill shall consist of select native material free of
debris, organic material or large stones. Stones or rock larger than 6 (6")
inches (150 mm) will not be permitted within 3 feet of top of pipe.
Final backfill shall be compacted to a minimum relative compaction of 95
percent (95%).
Payment: Payment for earthwork shall be included in the unit or lump sum
prices bid for sewer main and/or manhole construction and no other paymenl
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4. VITRIFIED CLAY PIPE
A. General:
Work shall consist of furnishing all labor, equipment, materials and performing
all work for pipe installation including removals, excavation, bedding and
encasement, compacted backfill and testing.
Vitrified clay pipe shall be provided in conformance with SSPWC Subsection
207-8. Handling and installation shall be in conformance with the pipe
manufacturers directive and installation handbook.
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C. Testing:
Testing shall be by the air pressure test method per SSPWC Subsection 306.
1.4.4.
D. Payment:
All the material and work specified in this section shall be paid for on a lineal
basis as indicated in the Bid Schedule. Payment shall include all removal anc
disposal.
5. EXISTING MANHOLE REHABILITATION
A. General:
Work shall consist of furnishing all labor, equipment, materials and performing
all work for the installation of air-placed concrete (APC) and polyurethane
spray applied protective lining for the structural and environrnenta
rehabilitation of manhole interior surfaces.
8. Cleaning:
Prior to the application of the APC and the polyurethane protective lining, the
manhole shall be thoroughly cleaned by high water pressure blast at pressures
of 5,000 psi minimum to 10,000 psi maximum. Debris from cleaning shall no1
be allowed to enter the sewer system. The contractor shall provide the
necessary debris containment devices while maintaining sewer flow. The
Contractor shall remove and dispose of all debris collected from the cleaning
operation per regulations as outlined in SSPWC Subsection 500-2.1.4.
C. APC Materials:
APC shall conform to requirements of SSPWC Subsection 303-2.31.
D. APC Placement:
APC shall be applied in continuous lifts between 1 and 3 inches in thickness
to restore the manhole to its original inside dimensions. Proper containmeni
devices shall be used to prevent rebound (nonadhering excess APC) from
entering the sewer system. Sewer flows shall be maintained unless otherwise
specified on the Plans or in the Special Provisions.
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E. APCCuring:
Immediately following the APC placement operation, the containment devict
shall be removed and the manhole cover reinstalled to provide a moist curinl
environment. Where moist conditions within the manhole do not exist, tht Contractor shall apply a water cure to the APC for a minimum of 24 hour!
prior to application of the primer and lining as specified in Section "G'.
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F. Primer and Lining Materials:
The primer materials shall be 100 percent (100%) solids, moisture toleran
epoxy capable or spray application to 5 mils thickness in one continuous coal
The polyurethane lining material shall be 100 percent (100%) solids high builc
polyurethane capable of spray application to 125 mils thickness in onc
continuous coat. The material shall meet the requirements of SSPW(
Subsection 210-2.3.3 and Section "J". Proof of meeting these requirement
shall be provided to the engineer for approval at least 15 days prior to thi
commencement of work.
G. Lining Apdication:
The polyurethane lining application shall take place after APC has cured fa
a minimum of 24 hours and shall be applied to all concrete surfaces fror
three (3") inches below the low flow water level to the base of the ring ani
cover. Prior to the polyurethane application, the manhole surfaces shall b
primed with the epoxy primer to a thickness of 3 mils minimum to 5 mil
maximum. Prior to the epoxy primer becoming tack fiee, the polyurethan
lining shall be immediately applied for a thickness of 100 mils minimum to 12
mils maximum. The polyurethane lining shall be uniform in color, fully curec
free of pinholes, free of surface imperfections and blisters.
H. Spark test:
The cured polyurethane lining shall be spark tested for pinholes with a spar
tester set of 15,000 volts minimum. All pinholes shall be repaired as specifie 1 in Section "I".
I. Repair Methods:
All defects in the APC shall be repaired as specified in SSPWC Subsectio
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TABLE 500-2.4.10
Polyurethane Epoxy
Tensile Strength 2,000 6,000
ASTM D 638, Type N -
Elongation at Break, % 50 5
Wear Resistance Mg. Wt. Loss, Taber 60 100
Abrasion, S-17
Hardness, Shored, Durometer 55 75
ATSM D 2240
Tear Resistance PPI 150 N/A ASTM D 903
Peel Strength, Concrete, PLI 7* 7*
ASTM D 638 IV
ASTM D 903
Adhesive Strength, PSI 400* 400*
ASTM C 190 (Modified) Briquet PCC
* Tested as a System
Test results shall be verified on a per job basis or as required by
the Engineer.
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K.
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Manhole Frame and Lid Redacement:
All existing frames and lids shall be replaced at their existing size in
conformance with Carlsbad Municipal Water District Standard Drawings for
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Existing deteriorated grade rings which must be replaced to support new
frames and lids shall be paid for as part of the unit price paid for manhole
rehabilitation.
L. Discretionarv Manhole Replacement:
The District reserves the option to discontinue manhole rehabilitation during
or after the cleaning process if it is determined the existing manhole is not
structurally sound.
The District Engineer shall direct the Contractor to replace any structurally
unsound manhole with a 5 (5') foot diameter manhole as specified in Section 1 6.
M. Payment:
All the materials and work specified in this section shall be paid for on a unit
price basis as indicated in the bid schedule. Payment shall include all removal L and disposal.
6. 5 FOOT DIAMETER MANHOLE (DISTRICT'S DISCRETION)
A. General:
When alternate construction is directed by the District Engineer, work shal
consist of furnishing all labor, equipment, materials and performing all work
for manhole construction in conformance with Carlsbad Municipal Watei
District Standard Drawings for Sewer, Dwg. Nos. 51 and 54, including by-pas!
pumping, removals, excavation, bedding and compacted backfill.
All newly installed manholes shall be epoxy primed and polyurethane coatec
in conformance with section 5. 1
B. Payment:
All the work and materials specified in this section shall be paid for on a uni
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price basis as indicated in the bid schedule. Payment shall include all remova
and disposal.
7. SEWER MAIN AND MANHOLE ABANDONMENT
A. General:
The work to be done consists of furnishing all labor, equipment, materials, anc
performing all work to abandon by-passed sewer system manhole and mair
as required herein.
B. Execution:
Contractor shall close all open pipe ends with brick and mortar. Abandonec
manholes shall be lowered a minimum of 24 inches below ground level bj
removing and disposing of lids, frames and grade rings. All abandoned pipe!
and manholes shall be filled with a sand slurry.
C. Pavment:
All material and work specified in this section shall be paid for on a lump sun
basis as indicated in the bid schedule. Payment shall include all removal anc
disposal.
8. PAVEMENT REPLACEMENT
A. General:
The work to be done consists of furnishing all labor, equipment and material5
and performing all operations necessary to resurface all trenching as requirec
herein.
B. Products:
a. Asphalt Concrete Type I-C2-AR-4000 conforming to Section 203-6
of the Standard Specifications (Green Book).
b. Seal Coat SS-1H Emulsified Asphalt.
C. megate Base Class I1 per Cal-Trans Section 26.1.02 A, Page 25-
1, 1988 Edition.
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C. Execution:
Saw-cut and remove existing roadway approximately six inches wider than
trench on each side. In all other respects, this work shall conform to Section
300-1 of the Standard Specifications.
Asphalt concrete shall conform to Section 203-6 of the Standard
Specifications. Asphalt concrete shall be placed per Section 302-5 of the
Standard Specifications. A tack coat shall be applied to all existing surfaces
to be covered or paved. A seal coat shall be applied to the finished pavement
at 72 hours after completion at a rate of 0.10 gallons per square yard.
Disposal of concrete and asphalt concrete pavement shall be the sole
responsibility of the Contractor. Replacement shall conform to San Diego
Regional Standard Drawings No. G-24, Type A (as modified by Typical
Trench Section on Sheet 1 of Drawings).
Disposal of concrete and asphalt concrete pavement shall be the sole
responsibility of the Contractor.
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All the material and work specified in this section shall be paid for on a linear
foot or square foot basis as indicated in the Bid Schedule. Payment shall
include all removal and disposal. I 9. BERM REPLACEMENT
A. General:
The work to be done consists of furnishing all labor, equipment, materials anc
performing all operations necessary to construct an asphaltic concrete bem
as required herein.
B. Execution:
Remove and dispose of existing berm which is damaged by projec
construction. Construct new asphaltic concrete berm in existing alignment pe
San Diego Regional Standard Drawing No. G-5 (Type A).
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C. Payment:
All the material and work specified in this section shall be paid for on a linea
foot basis as indicated in the Bid Schedule. Payment shall include all remova
and disposal. -
10. EXISTING FACILITY REPAIR (MISCELLANEOUS)
A. General:
The work to be done consists of furnishing all labor, equipment, materials ant
performing all work necessary to repair existing miscellaneous facilitie:
displaced to facilitate construction.
B. Execution:
Existing six (6’) foot high chain link fence, whether rolled aside or taken down
shall be repaired or replace to match existing.
Irrigation systems damaged during construction shall be replaced in like kinc
to the satisfaction of the District Engineer.
&sting ice plant (delosperma alba) damaged by construction shall bt
replaced with rooted cuttings from flats at 12 inches on center.
C. Payment:
Payment for miscellaneous repairs shall be included in the prices bid for sewei
main construction and no other payment will be made. Payment shall includc
all removal and disposal.
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APPLICABLE
SAN DIEGO AREA
REGIONAL STANDARD DRAWINGS
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TYPE 8 I TYPE A
01 ptrpbndiarkr m mt mnrk'nr. *rhrcr pnco'al.
baa murid.
it aU contxt rurhm. prior to rtrurhcinq.
rl !&nimum mol fhicknm shall bo om inch yraor tha umng AX.
b) Ac. MI k hot plat mix.
:)Fin& wum for fypc 8 mrfidng shall k IJd down wng i torudtr bo% 5. All AC. ftstdwng Jull k wl mod mth n mubifi8d Uphalt md twtnd
m'zh and Cbio ratin9 hll k ipplird u npuind b mq. 6. fyw B not to be umd m lmnl voaiw 7. Soughing of tmeh undn pawment shalt k caw for npuinm) additional wnmnt and Sa.
2 B+a matmal to bo aplwd :o &pth of ~xictinq bam. AC. m8y 3r arbrtituttd !or
1 A bck emt of ~haltk trrulnon or pari- Sohalt shall be applud 10 aoting Ac.
4. Lsghrm'c Conma Rmrhanq: m
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TRENCH RESURFACING TYPES A & B
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&[ 1 ~= 13- -
NPE A-SECTION 7YPE 8-SECTION
Itqht 6". 8". or 9"
~t hdiattd on oluu 7-
++I
w q77/7A,
TYPE C-SECTION TYPE 0-SECTION
So# nd of dh I : I
rrha, not join* OW imponma
APPRO% OIKE QUANTITIES
~r
. c-6" 0.0375 ALL TVPES-SIOE VIEW
C4- 0.0583 1 a0702 e-9-
0 0,0062
NOTES
1. Dike b IO br pM on a minimum r of AX. mad rutfacing. txttndiq
throoghoat the mdth of Ut0 did 2 AR-W grid? ?Sphlt (0 be urrd for a11 dh 3 Ac. diku my br shaped and compcted mrh an tmwon machine or 0th~
&pmt apabla of *aping and comwng thr mitrial 10 the cqurnd
Qoil moa. LEGENO ON PUNS
Typo A OIL,
RtCOUUfhOfO ST bf LU :#IC Rwuton Bv Aoomnd Oaa
u SAN OIEGO REGIONAL STANOARO DRAWING ,Iclow nUO,,gl 3rrntl
k. ItL .sat )R
' WU/&' G2iZ /1
' ORAWING :' DIKES [BERMS] - ASPHALT CONCRETE I ~ XUMSEil G-5
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CARLSBAD I'
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I DESIGN CRITERIA
AND
STANDARD DRAWINGS
& SPECIFICATIONS
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DISTRICT ENGINEER
CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD, CALIFORNIA 92008
(619) 438-3367
L 5/13/93 Rei
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Carlsbad Municipal Water District
Standard Sewer System - Design Criteria
Standard Drawings and Specifications
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1 && Description Page No.
General Guidelines for Sewer Gravity
Mains and Appurtenances ........................................ 1
Depth and Size 1
Horizontal Vertical Location Layout 2
A.
........................................... Slope Flow Demand ..................................... 2
Streets, Alleys and Easements ........................... 2
Access Holes. ....................................... 3
Miscellaneous Notes ....................................... 4
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Cleanouts 4
Laterals ........................................... 4
5
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Standard Sewer Improvement Plan Notes ........................
B. General Guidelines for Sewer
Force Mains and Appurtenances t
Rough Layout Plan & Design C MaterialType ............................................ C
C. General Guidelines for Pump Station C
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................................ I Standard Drawings
Standard Drawings Index .................................... :
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0 Standards & Specifications I A. GENERAL GUIDELINES FOR SEWER GRAVITY LINES AND APPURTENANCES
Engineer will submit a rough layout of system for review and approval by the
Carlsbad Municipal Water District Engineer prior to preparation of improvement
plans. I 1. Sewer Main Deuth and Size:
a. Minimum depth, finish grade to top of pipe ............. 6 feet
Maximum depth, finish grade to top of pipe 15 feet
Design calculations shall be submitted to verify size and bedding
design. (Manning "N' PVC = 0.011 is norm)
Minimum size of mainline shall be 8".
"6" main line allowed on CUI de sac with maximum of 10 units.
All sewer main pipe inverts shall be shown in profile on the
improvement plans and shall include stations, slope and distance.
All sewer mains over 15" shall require special design and Districi
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c.
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d.
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f. I,
g. I Engineer approval.
2. Sewer Lateral Depth and Size:
a. 4" minimum for single family residence. I
I b. 6" minimum for all other use.
c. 1 grade top of curb).
3. Pipeline Materials Twes:
Desirable depth - 5 feet (5') at property line (top of pipe to finis€
a. Polyvinyl chloride pipe (PVC) see C-900 for depths over fifteen fee
(15').
Joints shall be rubber compression (per green book).
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CMWD Sewer System Design Criteria 2 0 Standards & Specifications
1 4. Sewer Main Sloue, Flow and Demand:
a.
b. Minimum slopes:
Minimum velocity of 2 F.P.S. shall be maintained.
1. 8" min ....... 0.40% Desirable ....... 0.50%
2. 10" min ....... 0.28% Desirable 0.40% .......
3. 12" min ....... 0.21% Desirable ....... 0.30% .
12" and above ....... depth of peak flow .... .?A diameter c. 10" and smaller ..... depth of peak flow ..... ?h diameter
d. Domestic Demands:
1) Residential area: 220 gallons per dwelling unit for
average day = 1 E.D.U.
2) Maximum flow based on ratio - peak to average flow of 2.5
unless otherwise approved by District Engineer.
Industrial and commercial demands require special design and
approval by District Engineer. 3)
5. Horizontal and Vertical Layout:
1) Street: See City of Carlsbad Standard Drawing
#GS-6 for location.
2) Alley: Main to centerline shall be minimum o
three feet (3') offset.
3) Private Street: Shall require special design and conditions
Desirable easement width 20 feet
minimum 15 feet.
4) Horizontal Curve: Radius shall be approved by Distric L 5/13/93 Re\
Engineer.
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5) Vertical Curve: No vertical curves shall be permitted
unless otherwise approved by District
Engineer.
6) Utility Clearance: Show all underground utilities in both plan
and profile and provide minimum
clearance per State Department of Health
Services "Criteria for Separation of Water
Mains and Sanitary Services."
7) Access Holes: Maximum spacing between access holes--
350 feet.
a) All standard access holes shall be a
minimum of five feet (5') in 1 diameter with no steps.
b) Install access hole at all changes oj
slope which exceeds 2%, and shoM
inlet and outlet inverts on all acces5
holes
Install access hole at all changes ir
horizontal direction c)
d) Install access hole at a1
intersections of mains
Install access hole at change iI
pipe sizing
Install access hole at end of mail
which is in excess of 200 feet fron
access hole.
Access holes shall be sequential11
numbered on the plans with acces
hole numbers beginning at lowes
invert. Two foot stubs shall bc
provided for future tie-in an(
extension of main. L 5/13/93 Re\
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f)
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8) Cleanout: Maximum spacing from access hole--200
feet.
Extend beyond permanent pavement when
street is a temporary dead end.
(See Standard Drawing No. S-6 for
type of cap and box.)
9) Laterals: Minimum horizontal distance--5.00 feet
from water services and fire hydrants.
Desirable horizontal distance--10.00 feet
(See Standard Drawing No. S-7 for
details.)
a) Install at right angle or radial to
main.
Laterals shall not be located in b) m driveway.
c) No connection shall be permitted
on lateral.
Location of property cleanout: See d) 1 Standard Drawing No. S-7.
6. Miscellaneous Notes:
a. Carlsbad Municipal Water District will only maintain sewer mains
located in dedicated City and/or District rights of way and easements
which have all weather vehicular access. I
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b. New sewer mains and systems shall remain plugned and/or
disconnected until District authorizes its use.
Prior to acceptance of any sewer line by District, all lines shall be
flushed clean using "Wayne Ball" method and mandrel tested.
Prior to acceptance, all mains shall be V.H.S. video taped and voice
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description of lateral distances and any problems and a hard copy of
same. A copy of the tape and written findings shall be delivered to
Carlsbad Municipal Water District.
Sewer laterals -- From property line to building, the Uniform Building
Code shall apply.
1)
e.
The vertical cleanout shall be stubbed and capped 3 feet (3')
above rough grade during grading and/or construction of I project.
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2) All taps on existing mains shall be by "shewer" or approved
equal -- All work to be done with City Inspector at site.
A three inch (3") high "St shall be stamped on face of curb at 3)
f. Sewer Access Holes:
1) Top cone shall be 6" below finish wade (covers are required
to keep system clean.)
In unpaved areas, frame and cover shall be set 6" above finish
grade. (Set above 100 year flood line.)
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g. Standard Sewer Immovement Plan Notes:
(to be placed on all sewer improvement plans)
1) All sewer main and appurtenances shall be constructed ir
accordance with the "Carlsbad Municipal Water District's Sewei
System - Design Criteria, Standard Drawings anc
Specifications", latest edition, and the Standard Specification!
for Public Works Construction, latest edition (Green Book).
The contractor shall obtain an excavation permit from thc
Division of Industrial Safety before any excavation and shal
adhere to all provisions of the State Construction Safety Orders
Before any connection to the District's existing system, a permi
shall be obtained from the District. It must be signed an(
approved by the District's Engineer and Superintendent. 1 5/13/93 Ret
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4) Before construction begins in any public right of way, a Cig
right of way permit shall be required.
The contractor shall note the City of Carlsbad Engineering
Inspection 48 hours prior to beginning construction (telephone 5)
[619] 438-3891.)
B. GENERAL GUIDELINES FOR SEWER FORCE MAINS
1. Engineer shall submit a rough layout plan including surge protection desigr
and flow analysis for review and approval by District Engineer prior to the I preparation of improvement plans.
2. Minimum cover shall be 48" from top of pipe to ultimate finish grade. TO€
of pipe profile shall be shown on the improvement plans.
Show all minimum clearance of other underground utilities in both plan anc
profile shall be per State Department of Health Services "Criteria for the
Separation of Water Mains and Sanitary Sewers.
Material shall be polyvinyl chloride pipe that meets A.W.W.A. Std. C-900, 01
as approved by the District Engineer.
3.
4.
C. GENERAL GUIDELINE FOR PUMP STATION
1. Design Engineer shall meet with District Engineer prior to preparation oj
plans.
Pump station design shall be approved by District Engineer. 2.
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C.M.W.D. STANDARD DRAWINGS
I S-1 ACCESSHOLE
S-2 DROP ACCESSHOLE
S-3 SHALLOW ACCESSHOLE I S-4 ACCESSHOLE FRAME & COVER
S-5 PIPE BEDDING AND TRENCH BACKFILL FOR SEWERS
S-6 SEWER MAIN CLEANOUT P S-7 SEWER LATERAL (WITH OPTIONAL WYE)
SEWER LATE%AL (DEEP CUT HOUSE CONNECTION) S-8
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ALlCASTIN PLACECON( SHAU BE TYPE 564-B-
ALL PIPE IN ACCESSHOC SHALL BE f?VC.oR VlTRll IN. CLAY PIPE AND SHALL BE INaUOEO AS PART OF ACCESSHOLE.
ACCESSHOLE SHALL E CONSTRUCTED IN ACOORO WITH ASTMC-478.
STUB OUTS SHALL WE I MINIMUM LENGM W 2 FE
MANHOLE FRAME AND x) TO BE SET IN CLASS 'C'M
ACCESSHOLE.
JOINT WITH "r" BF?A AND FIRST SECTION PlPEl0BEX)INCDf
AUCASTNfU CONcRREm TYPE S4-B-m
A AU-FPENA~ HOLESWUBEF MlRIREDaAYPII
DouBLE~#x: HoLElscoNm MEWEASDR txx5woE EXC THATITWW OROP SECTIONS.
All, CAST IN WE CONC SHALL BE TYPE S4-B-i
ACCESSHOLE SHAU BE CONSTRUCTED IN KCCR[ WITH AslM DES-C- 4f8
STUB OUTS SHALLHAVE MINIMUM LENGTH OF 2 FEET. M RE DIA.
SHALLOW ACCESSHOLE
I HALF PIAN INNER WR TOP SIDE
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HALF SECTION FRAME & COVER
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1 .WEIGHTS: INNERCOVER = 155LBS. OUTERCOVER =DLBS. FRAME = 33oLBs.
i! .MATERIAL : CAST IRON.
21. MACHINE SEAE TO PREVENT NOISE.
$.FILLET RAD1 TO BE 12".
fi .IMPORTED COVERS AND FRAMES SW HAVE COUNTRY OF ORGlN MARKING IN COMWNCE WfJH FDDERAL REGULATKWS. s€cm A-A
CARLSBAD MLINIWAL WATER DPICT STANDARD DRAWINGS FOR SEW R CWED 8Y : By!
ACCESSHOLE FRAME & COVER wi Engineer
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WITH DIMENSIONS AND ROCK Tc) SPRNGLINE
COMPACTION ZONES.
PKC. PIPE ROCK ENVELOPE
WHICHEVER 6-m.'
NCrrES:
1. PERCENTAGES SHC" EQUAL MINIMUM REUTIVE Wpm.
2. MINIMUM DEPTH OF COVER FROM IW OF PIPE To FINISH GRADE FOR ALl SANITARY SEWER INSTAUATIONS SHALL BE 3 FEET. FOR COVER LESSTHAN 3; SPECIAL DESIGN AND APfWVK REWIRED.
GATE CAP (HEAVY DUTY)
SEWER MAIN CLEANOUT
I. GATECAPSWELABUEDSEWER.
2. CLEANOUTS MAY BE USED WITH PVC. SEWER MAIN.
3. RISER SHALL BE SAME DIAMETER AS SEWER MAIN.
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NOTES :
* I . THE LATERAL SHALL BE -THE SAME AS THE MAIN LINE SEWER.
2. IN NO CASE SHALL A LATERAL CONNECT TO THE SEWER MAIN DIRECTLY ON TOP Of THE PIPE.
3. SEWER LATERALS SHALL HAVE A 2% MINIMUM SLOPE.
4. ALL JOINTS ON SEWER LATERAL PIPE SHALL BE COMPRESSION TYPE OR APPROVED SOLVENT WELD.
5. AS- BUJLT SEWER LATERAL LOCAT SHALL BE FURNISHED TO THE CIT INSPECTOR ON FORMS PROVIDED PRIOR TO FINAL APPROVAL OF WC
6. ALL LATERAL TRENCHES IO PROP LINE AND SEWER MAIN TRENCHE! BE COMPACTED PER S5.
7. CLEAN- OUT TO BE ADJUSTED T( GRADE AFTER FINAL FINISH GRAD
c m
' DWG.
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(WITH OPTIONAL WY E)
EL EVATI ON
ASDIRECTED 6Y
THEVERTICCY, WE WAL BE BRACED WHILE TI33 IS BEING BACKRUD.
ALL m ON SEWER LATERAL PlPE SHALL Bt cOMpREssloN NE OR APPROLZD SOWENT WE