HomeMy WebLinkAboutHMS Construction; 2000-03-21; 36561(760-)438-3367
TABLE OF CONTENTS
Item_ Pane
Notice Inviting Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Contractors Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Equipment Material Source Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Bid Security Form . . . . . . . . . . . . . . .._.................................................................................................... 16
Bidder’s Bond to Accompany Proposal.. .................................................................................. 17
Guidelines for Completing The “Designation Of Subcontractor Amount Of Subcontractor’s
Bid” And “Designation Of Owner Operator/Lessor & Amount Of Owner Operator/Lessor
Work” Forms.. .......................................................................................................................... 19
Designation Of Subcontractors & Amount Of Subcontractors Bid.. ........................................ .21
Designation Of Owner Operator/Lessor & Amount Of Owner Operator/Lessor Work .............. 22
Bidders Statement Of Financial Responsibility.. ..................................................................... .24
Bidders Statement Of Technical Ability And Experience.. ...................................................... .25
Bidders Certificate Of Insurance For General Liability, Employers’ Liability Automotive
Liability And Workers’ Compensation.. .................................................................................... .26
Bidders Statement Of Re-Debarment.. .................................................................................. .27
Bidder’s Disclosure Of Discipline Record.. .............................................................................. .28
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Contract Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Labor And Materials Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Faithful Performance/Warranty Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Escrow Agreement For Surety Deposits In Lieu Of Retention (Optional) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
a 6/7/99 Contract No. 36561 and 36591 Page 2 of 69 Pages
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Part 1 General Provisions
Section 1
l-l l-2 l-3
Terms Definitions, Abbreviations And Symbols Terms.. ............................................................................................................. .44
Definitions ......................................................................................................... 44
Abbreviations.. ................................................................................................. .46
Section 2
2-3 2-4 2-5
2-9
2-10
Scope And Control Of The Work Subcontracts ..................................................................................................... 46
Contract.. ......................................................................................................... .46
Plans And Specifications.. ................................................................................ .47
Surveying ......................................................................................................... .49
Authority Of Board And Engineer.. ................................................................... .50
Section 3
3-3
3-4 3-5
Changes In Work
Extra Work.. ..................................................................................................... .50
Changed Conditions.. ....................................................................................... 51
Disputed Work .................................................................................................. 52
Section 4 Control Of Materials
4-1 Materials And Workmanship ............................................................................. 54
4-2 Materials Transportation, Handling And Storage.. ............................................. 55
Section 5
5-l 5-4
Utilities.. ............................................................................................................ 56
Location ............................................................................................................ 56
Relocation.. ....................................................................................................... 56
Section 6 6-l
6-2
6-6
6-7 6-8 6-9
Prosecution, Progress And Acceptance Of The Work.. .................................... 56
Construction Schedule And Commencement Of Work.. .................................. .56
Prosecution Of Work.. ....................................................................................... 60
Delays And Extensions Of Time.. ..................................................................... .60
Time of Completion.. ........................................................................................ .60
Completion And Acceptance.. .......................................................................... .61
Liquidated Damages.. ...................................................................................... .61
Section 7 7-3
7-4
7-5
7-7
7-8
7-10
7-13
Responsibilities Of The Contractor.. .................................................................. 62
Liability Insurance.. .......................................................................................... .62
Workers’ Compensation Insurance.. ................................................................ .62
Permits.. ........................................................................................................... .62
Cooperation and Collateral Work.. ................................................................... .62
Project Site Maintenance.. ............................................................................... .62
Public Convenience And Safety.. ..................................................................... .63
Laws To Be Observed.. .................................................................................... .65
Section 9 9-l 9-3
Measurement & Payment Measurement Of Quantities For Unit Price Work.. ........................................... .66
Payment.. ......................................................................................................... .66
SUPPLEMENTAL PROVISIONS
e 617199 Contract No. 36561 and 36591 Page 3 of 69 Pages
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- SPECIAL CONDITIONS
TECHNICAL SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 -_
INFORMATION FOR CONTRACTOR -
- A. TO OBTAIN A COPY OF CURRENT PLAN HOLDERS LIST
PHONE (760) 434-2803
- B. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS
RANDY KlAAHSEN
ASSOCIATE ENGINEER
PHONE (760) 438-367 EXT. 7123
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WILLIAM PLUMMER
DEPUTY CITY ENGINEER PHONE (760) 438-3367 EXT.7126
a 6/7/99 Contract No. 36561 and 36591 Page 4 of 69 Pages
C CITY OF CARLSBAD and
7 \ CARLSBAD MUNICIPAL WATER DISTRICT
i \ NOTICE INVITING BIDS
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Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village
Drive, Carlsbad, California 920081989, until 4:00 P.M. on the 16TH day of DECEMBER, 1999, at
which time they will be opened and read, for performing the work as follows:
The project involves the installation of two pipelines in different locations under the Interstate 5 Freeway. The Foxes Landing Sewer Lift Station force main and the Interstate 5, 16-inch water line
will be installed using the horizontal directional drilling method of trenchless technology. Both the
force main and water pipeline are pressure systems.
- CONTRACT NO. 36561 and 36591
.- FOXES LANDING SEWER FORCE MAIN
AND INTERSTATE 5,164NCH - WATERLINE CROSSING
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The work shall be performed in strict conformity with the specifications as approved by the City
Council of the City of Carlsbad on file with the Public Works Department - Utilitv Engineering Division.
The specifications for the work include the Standard Specifications for Public Works Construction (1997 Edition, and the 1998 and 1999 supplements theretoJ all 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 plans
and specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
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The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
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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 10263) appropriate securities may be substituted for any
obligation required by this notice or for any monies withheld by the City to ensure performance under
this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The
escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in
connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder’s proposal and that must be complete&d properly executed including notarization where indicatedsre:
a 6/7/99 Contract No. 36561 and 36591 Page 5 of 69 Pages
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1. Contractor’s Proposal
2. Bidder’s Bond 3. Non-Collusion Affidavit
4. Designation of Subcontractors and
Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder’s Statement of Financial
Responsibility
7. Bidder’s Statement of Technical Ability and Experience
8. Acknowledgment of Addendum@
9. Certificate of Insurance, the riders covering the District, the City, its officials,
employees and volunteers may be omitted
at the time of bid submittal but shall be
provided by the Bidderprior to award of
this contract.
10. Bidder’ s Statement Re Debarment
11. Bidder’s Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder
wishes to use the Escrow Agreement for
Security)
Pursuant to California Public Contracts Code section 4104(a)(2)(A) portions of the information
required on documents numbers four and five, above, may be submitted by the Bidder up to twenty-
four (24) hours after the deadline for submitting bids contained in thiwotice Inviting to Bids”.
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 Estimate is
$1 ,OOO,OOO (ONE MILLION DOLLARS).
Except as provided herein a bid submitted to the City 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 City and the District. In all contracts where federal funds are involved, no bid
submitted shall be invalidated by the failure to the bidder to be licensed in accordance with California
law. Where federal funds are involved the contractor shall be properly licensed at the time the
contract is awarded. In all other cases, the contractor shall state their license number, expiration
date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: General Enoineerina Classification A or Classification C.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 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, Carlsbad, California, for a non-refundable fee of $ per set. If plans and specifications are to be mailed, the cost for postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response
will be made to such inquiry. Prior to the award of the contract neither addition to, modification
of nor interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad nor may any bidder rely directions given by any
agent, employee of contractor of the City of Carlsbad except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
@ 6/7/99 Contract No. 36561 and 36591 Page 6 of 69 Pages
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 -
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of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers
employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible 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 Practices Act.” The City Engineer is the City’s and the District’s “duly authorized officer” for the purposes of section 4107 and 4107.5.
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 be held starting at Carlsbad Municipal Water District, 5950 El Camino Real, Carlsbad, CA on Thursday, November 18, 9:00 a.m.
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.
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The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price will be required for work on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in
an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars (5,000,090
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount
payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,009. 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($lO,OOO,OOO).
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 City until they are released as stated in the Supplemental Provisions 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 be
accompanied by 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.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
a 6i-7199 Contract No. 36561 and 36591 Page 7 of 69 Pages
If the bid is accepted, the City may require copies of the insurers most recent annual statement and - quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the - insurers receipt of a request to submit the statements.
Insurance is to be placed with insurers that: - 1) Have a rating in the most recent Best’s Key Rating Guide of at least A-:V
2) Are admitted and 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.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, 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.
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Workers’ 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 City
does accept policies issued by the State Compensation Fund meeting the requirement for workers’
compensation insurance.
-. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
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The award of the contract by the City Council and the Board of Directors is contingent upon the
Contractor submitting the required bonds and insurance, as described in the contract, within twenty
days of bid opening. If the Contractor fails to comply with these requirements, the City may award the
contract to the second or third lowest bidder and the bid security of the lowest bidder may be
forfeited.
- 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 City Council of the City of Carlsbad, California, and the Board of Directors of the
Carlsbad Municipal Water District by City of Carlsbad Resolution No. 99-472 , and Carlsbad MunE $&~;$ 8 District Resolution No. 1065 adopted on the 26th day of ,I9 99 .
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Date lejha L. Rautetkranz, City ClerkSecretary
a 6/7/99
Lorraine M. Wood, Deputy City Clerk
Contract No. 36561 and 36591 Page 8 of 69 Pages
_- City of Carlsbad
December 1, 1999
ADDENDUM NO. 1
RE: FOXES LANDING SEWER FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING, Contract No. $6561 AND 36591
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Please include the attached addendum in the Notice to Bidder/Request for
have for the above project.
This addendum-receipt acknowledged-must be attached to your Proposal
when your bid is submitted.
RUTH FLETCHER
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
Bids you
Form/Bid
1200 Carlsbad Village Drive l Carlsbad, CA 92008-l 989 l (760) 434-2803 l FAX (760) 434-l 987
- City of Carlsbad
December 3, 1999
ADDENDUM NO. 2
RE: FOXES LANDING SEWER FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING, Contract No. 36561 AND 36591
Please include the attached addendum in the Notice to Bidder/Request for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid
when your bid is submitted.
RUTH FLETCHER
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
1200 Carlsbad Village Drive l Cartsbad, CA 92008-1989 l (760) 434-2803 l FAX (760) 434-1987
CITY OF CARLSBAD and
CARLSBAD MUNICIPAL WATER DISTRICT
CONTRACT NO. 36561 and 36591
FOXES LANDING SEWER FORCE MAIN
AND INTERSTATE 5,164NCH
WATERLINE CROSSING
CONTRACTOR’S PROPOSAL
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City Council City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
&
Board of Directors
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and
hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do
all the work to complete Contract No. 36561 and 36591 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the 1 following unit prices for each item complete, to wit:
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SCHEDULE 1: FOXES LANDING SEWER LIFT STATION FORCE MAIN
ITEM NO. DESCRIPTION
ESTIMATED
QUANTITY
UNIT
PRICE TOTAL
1
AND UNIT Mobilization and demobilization. including obtaining of bonds,’ insurance, financing, movement of equipment, materials, and personnel, supervision, certifications, submittals, site maintenance, traffic control, erosion control, clean up, dust control, right of entry, additional work space, and all other work incidental to contract that is not specifically identified under items 2 to 5. (Not to exceed $75,000)
LS
2 Furnish and install 24-inch HDPE (DR 26 max.) casing pipe by directional drill method, including fittings and appurtenances, potholing of existing utility crossings, pavement removal and disposal, excavation, testing, and all labor, tools, and materials, complete in place, per the plans and specifications.
510 - LF $526.ao $ ;L(J3 zdd,QQ
6/7/99 Contract No. 36561 and 36591 Page 9 of 69 Pages
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ITEM
NO. DESCRIPTION
ESTIMATED
QUANTITY
AND UNIT
UNIT
PRICE TOTAL
3 Furnish and install 16-inch HDPE
(DR 11) conductor pipe, including fittings and appurtenances, potholing of existing utility crossings, pavement removal and disposal, excavation, testing, and all labor, tools, and
materials, complete in place, per the plans and specifications.
518-LF
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4 Furnish and install precast concrete accesshole, including potholing, pavement removal and disposal, excavation, tie-ins of the new is-inch
HDPE force main and the existing 18-
inch VCP sewer, fittings and appurtenances, backfilling, compaction, sheeting, shoring and bracing, and testing, complete in place, per the plans and specifications.
1 - EA
5 Furnish and install re-pavement, including but not limited to, approximately 4-inch minimum thickness asphaltic concrete (AC), complete in place and per the plans and specifications.
1 - LS
$5333.W $ r-tS, &-m”
$4+#5m.*$ 4cpm”Gd
$ Lqxxw $ /J~006.00
TOTAL BID SCHEDULE NO. 1 $ SW,?W.Q~
SCHEDULE 2: INTERSTATE 5,164NCH WATER LINE CROSSING
ITEM
NO. DESCRIPTION
Mobilization and demobilization.
including obtaining of bonds,’ insurance, financing, movement of equipment, materials, and personnel, supervision, certifications, submittals, site maintenance, traffic control, erosion control, clean up, dust control, right of entry, additional work space, and all other work incidental to contract that is not specifically identified under items 2 to 9. (Not to exceed $75,000)
APPROXIMATE
QUANTITY
AND UNIT
LS
UNIT
PRICE TOTAL
$ 7.+xxm $ 35;ckwb
2 Furnish and install 28-inch HDPE (DR 26 max.) casing pipe by directional drill method, including fittings and appurtenances, end seals, potholing of existing utility crossings, excavation, testing, and all labor, tools, and materials, complete
706 - LF $555.06 $ 3tsyxm
6/7/99 Contract No. 36561 and 36591 Page 10 of 69 Pages
- ITEM NO.
3
4
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5
6
9
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fittings and appurtenances, end seals, potholing of existing utility crossings, excavation, testing, and all labor, tools, and materials, complete in place, per the plans and specifications.
DESCRIPTION
Furnish and install 18”inch HDPE (DR 9) conductor pipe, including fittings and appurtenances, potholing of existing utility crossings, excavation, testing, and all labor, tools, and materials, complete in place, per the plans and specifications.
Furnish and install 16”inch CML&C
Steel (10 gauge) pipe, including fittings and appurtenances, potholing of existing utility crossings, trenching and backfill, compaction, trench sheeting, shoring and bracing, testing, and all labor, tools, and materials, complete in place, per the plans and specifications.
Furnish and install 2-inch blow off per District Standard W-6, including fittings and appurtenances, complete in place and per the plans and specifications.
Furnish and install 16-inch gate valve and valve box assembly, including fittings and appurtenances, complete in place per District Standards, and the plans and specifications.
Furnish and install 8-inch gate valve and valve box assembly, including fittings and appurtenances, complete in place, per District Standards, and the plans and specifications.
Furnish and install 2-inch air vacuum
valve assembly, per District Standard W-7, including fittings and appurtenances, complete in place, per the plans and specifications.
Furnish and install precast concrete inspection vault, including excavation, tie-ins of the new 18” inch HDPE water line, 28”inch HDPE casing pipe, and 16”inch CML&C
steel pipe, fittings and appurtenances, aluminum hatch and miscellaneous metals, backfilling, compaction, sheeting, shoring and
ESTIMATED
QUANTITY
AND UNIT
UNIT
PRICE TOTAL
732 - LF
50 - LF
$275.dO $ zQ43w,aa
$ 32.m.w $ b,-J.Ob 2-EA
2-EA $v=.~ $ /4,mQ~OO
1 - EA
1 - EA
1 - EA
$ 3mr.oq 3,/2scrr.,
Contract No. 36561 and 36591 Page 11 of 69 Pages
OPENED, WITNESSED AND RECORDED:
bracing, and testing, complete in place per the plans and specifications.
TOTAL BID SCHEDULE NO. 2 $ 730, zu* O0
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Total amount of bid for Schedule 1 in words: f I uh ~Umxk!!D F;oO‘Wf THaxA@ 2:&o
l4utiRL-I) FbdZq 5>o~wwU A,& AA C~tiq-zs
Total amount of bid for Schedule 1 in numbers: $ zwd, ‘7+d - oa
Total amount of bid for Schedule 2 in words: ~Gu&Q &H&&D fib F?+f Tdod44 T&O
cJc/~uM4l9 Ttidq &-l& 3c)LLIpi2) &Q ho cxdj3
- Total amount of bid for Schedule 2 in numbers: $ 350,-223~-~a
Price(s) given above are firm for 90 days after date of bid opening and do comprise the Contract Unit
Prices for the Work
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Total amount of bid for Schedules 1 and 2 in words: OF& /bl/ccr o/3 ?LQ~ ~u~MA?xJ bIa=V’
Total amount of bid for Schedules 1 and 2 in numbers: $ I, zq O, ‘&I?- 3o
The basis of award will be the sum of Schedule “1” and Schedule “2” in which case the basis of award will be Schedule “1” only.
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). 1 , 7 has/have been received and is/are included in this
proposal. , -
The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing 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 City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the ca acity of a
&zs
contractor within the State of California, validly licensed under
, classification &I, i3, C /d which expires on , and that this statement is true and correct and has the legal effect of
- an affidavit.
- 617199 Contract No. 36561 and 36591 Page 12 of 69 Pages
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A bid submitted to the City 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 City
§ 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 9 0164.
The Undersigned bidder hereby represents as follows:
1. That no Council member, Board of Directors member, officer, agent, or employee of the City of
Carlsbad 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 City Council, 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
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is ggYD
Cashier’s Check) for ten percent (10%) of the amount bid.
(Cash, Certified Check, Bond or
- The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and 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.
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.
-
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE
(1) Name under which business is conducted HJvJ coAfs~~iJrc.nod
(2) Signature (given and surname) of proprietor /L/ k 1c i+eL 414 ff v
(3) Place of Business 2604 CdEez ST
(Street and Number)
City and State FIILL~RW~+ i CA-
(4) Zip Code 9 L(T?- 8 - %‘[3 Telephone No. 34x3 73/-Q sik
IF A PARTNERSHIP, SIGN HERE
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
6/7/99 Contract No. 36561 and 36591 Page 13 of 69 Pages
State of California
A- 3 >
ss. County of 5 Qt9 If! 0
On NW&’ 13) 2ooo , beforeme, pc\d31 oq*L, OOTdRY pU&rJC
Date Name and Title of Officer (e.g., “Jane Doe, Notary Public”)
personally appeared MJCHf+EL c , IfIGtl
Name(s) of Signer(s)
0 personally known to me
@ proved to me on the basis of satisfactory
evidence
Place Notary Seal Above
to be the person(s) whose name(s) jsJare
subscribed to the within instrument and
acknowledged to me that heJshe/they executed
the same in his/her/their authorized
capacity(ies), and-at by E/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. /ib--&*Qd
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Cikj 5$ CMR>hQ& chfy4
Document Date: Ma-v& 13, 2000 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
q Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notar/ Association - 9350 De Soio Ave.. P.O. Box 2402 *Chatsworth. CA91313-2402 * wwwnationalnotaly.org Pro& No. 5907 Reorder: Call Toll-Free 1-900-8766827
(3) Place of Business (Street and Number)
City and State
(4) Zip Code Telephone No. IF A CORPORATION, SIGN HERE
(I) Name under which business is conducted
(2) (Signature)
(Title)
Impress Corporate Seal here
. . .
. . .
. . . (3) Incorporated under the laws of the State of
--
-
-
(4) Place of Business
(Street and Number)
City and State
(5) Zip Code Telephone No.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY 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 general partners, and managing partners:
617199 Contract No. 36561 and 36591 Page 14 of 69 Pages
-
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EQUIPMENT/MATERIAL SOURCE INFORMATION
TO ACCOMPANY PROPOSAL
CONTRACT NOS. 36561 AND 36591
FOXES LANDING SEWER LIFT STATION
AND INTERSTATE 5,164NCH
WATERLINE CROSSING
The Bidder shall indicate opposite each item of equipment or material listed below, the name of the one supplier and manufacturer of each item or equipment or material proposed to be furnished under
the bid. Awarding of a contract under this bid will not imply approval by City or the manufactures
listed by the Bidder.
Equipment
I. peuh”l c~L&??L~
Manufacturer k,+rY1L;G< 80 y I 3 0
eo,ooJ 3s c4 P&@-y
la $y&&& 4”g- Am-@ &a
v’ c a”(aPm RAr-- (Manufacturer)
(Manufacturer)
3.
(Manufacturer)
6ffl99 Contract No. 36561 and 36591 Page 15 of 69 Pages
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NOS. 36561 AND 36591
FOXES LANDING SEWER LIFT STATION
FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
.-
--
dollars ($ )I this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City 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 City if the undersigned shall withdraw his or her 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.)
6l7/99 Contract No. 36561 and 36591 Page 16 of 69 Pages
BIDDER’S BOND TO ACCOMPANY PROPOSAL
CONTRACT NOS. 36561 AND 36691
FOXES LANDING SEWER LIFT STATION
FORCE MAIN AND INTERSTATE 5, IB-INCH
WATERLINE CROSSING
KNOW ALL PERSONS BY THESE PRESENTS:
l?tat We, HMS CON MICEAEL&U~~NDBA: . as hincipal, and INSURAN Worn as Surety are held and firmly bound unto the dity of Carfsbad, C#fomja, in an mourtt as folfows:’ (must be at Ieest ten perch (10%) of the bid &mount) TEN PERCXNT for whfch payment, weft and trufy made, we bind ours&es, our heirs, executers and administrators, succeSSOrs or &signs, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above bounden Principal for:
CONTRACT NOS. 36561 AND 36591-FOXES LANDING SEWER LfFT STATION FORCE MAIN AND fNTERSTA7.E 5,161NCH WATERLINE CROSSING (BID DATE: 12-16-99)
In the City of Carfsbad, is accepted by the City Council, and if the Prfncfpaf shall duly enter into and execute a Contract including required bonds and insurance poficfes within twenty (20) days from the date of award of Contract by the City Council of the City of Cart&ad, being duly notffied of said award; then this obligation shall become null and void; otherwise, It shall be and remain in full force and effect, and the amount specified herein shall be forfefted to the said Cf.
Contract No. 36661 and 36591 Page 17 of 69 Pages
(n the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond.
Execu;ed;y*P’lCIPAL this AJ day of pu?m
Executed by SURETY this 15th &Yof DECEMBEB ,lWL.
SURETY: PRINCIPAL:
MICNAEL C.EIGHDBB: EMS CONSTRUCTION
(print name here3)
(We and Orgsnization of Signatory)
By: (sign here)
(print name here)
WASHINGTON INTERNATIONAL INSURANCE CoMPrn
(name of Surety)
300 PARK BOULEVARD, SUITE 500 IlYASCA, IL 60143-2625 (address of Surety)
(630) 227-4700
(telephone number of Surety)
VALERIEM.PEARCE (printed name of Attorney-in-Fact)
(Attach copsate resolution showing current power of attorney.)
(title and organizatlan of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY m&t be attached.}
(Presic!&t or vice-president and secretary or assistant secretary must sign for corpoWions. If only
one officer signs, the corporatin must attach a resolution certified by the secretaq or assistant secretary under corporate seal empowering that officer to bind the corporation.)
(If signed by an individual parmer, the partnership criust attach a statement of partnership author-i&g the partner to execute this instrument.)
APPROVED AS TO FORM; RONALD R. BALL
City A ‘c omevGeneral Counsel
By: .
Assistant City AttomejAssistant General Counsel
6/7/99 Contract No. 36561 a,nd 36591 Page 18 of 69 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
C
State of California
County of S- ‘e$V lh” I
ss.
On Mcwc.4 J3,2ooo , beforeme, R&AJI hlXL, tioTr?ay thA ,
Date Name and Title of Officer (e.g., ‘Jane Doe, Notary Public”)
personally appeared I~ICW qGL c * Hl@f
Name(s) of Signer(s)
t$~~;yvoniy known to me
o me on the basis of satisfactory
evidence
to be the person(s) whose name(s) dare
subscribed to the within instrument and
acknowledged to me that heJshe/they executed
the same in &/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.
Place Notary Seal Above
WITNESS my hand and official seal.
I+-+’ w
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: c;t-, o$ c-J&J cG-Jb.k
Document Date: b-l-tA 13, 2000 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
q Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited q General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Asswiation * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - wwwnat~onalnotary or9 Prod. No. 5907 Reorder: Call Toll-Free l-KC-8766827
,-
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of San Diego
On 12-15-99
DATE
personally appeared
before me, America San Martin, Notary Public I
NAME, TITLE OF OFFICER - E.G.. “JANE DOE, NOTARY PUBLIC
Valerie M. Pearce I
NAME(S) OF SIGNER(S)
q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person@) whose name(Z) isBE&
subscribed to the within instrument and ac-
knowledged to me thatWsheBBq executed
the same in his/her/their authorized
capacity(b), and that by xBWher8U4@B
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(g) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITYCLAIMEDBYSIGNER DESCRIPTIONOFATTACHEDDOCUMENT
[7 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
q PARTNER(S) 0 LIMITED q GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
; ~;;;;IAN/CONSERVATOR
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNERISREPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
. WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL 8Y THESE PRESENTS: That the Washington International Insurance Company, a corporation organtied and existing under the la,,
of the State of Arizona, and having its pnncipal office in the Village of Itasca, Illinois does hereby constitute and appoint
JEROLD D. HALL, SANDRA J. mL.E, CHRIS A. LYDICK, LETICIA SANLIARTIN,
CHRlSTlNE A. PATERSON, VALERIE h4. PEARCE, BART 8. STEWART AND J.T. WARNOCK
EACH IN THEIR SEPARA E CAPACITY
;ts tie and lawful attorney(s)&-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognitances
contracts of indemnity and other wtings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule
regulation, contract or otherwise, and the executjon of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washingor
international Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by &
President and its principal office.
This Power of Attorney shall be limited in amount to $5,500,000.00 for any single objigztion.
This Power of Attorney is issued pursuant to author@ granted by the resolutions of the Board of Oirectors adapted March 22, 1978,
July 3, 1980 and October 21, 1986 which read, in pa& as follows:
1. The Chairman of the Board, Presiddnt Vice President Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fac: and
author&e them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances,
contracts of indemnity and otherwribngs obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorned
to ceft@ copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any
time, any such-Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him.
2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate
seal of the Company, may be tied to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power
of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal afiixed in the ordinary course of business shall
be va!$~$d!R&$g upon the Company. \* .,.TT:‘;;,i/ o,,,
IN TES~~~~~~~E~/~~~ashington International Insurance Company has caused this instrument to be signed and its corporate seal to e
afixed b&~ffi&izriz(j offi&~~& 2th day = ,z? * _ .4 : cp.: G&j y& ‘;, s = <‘;: .I.- :- t zs: 34.Q x’ : nr 5 : c, f ATJONAL INSURANCE COMPANY
z zz: p +J; -6 ,* A; & ! . ‘2 - =(/1. ‘\ .SZ = dl : b&Q;; 6 i-4 . =- .
5 9 *...* -- &y .< .“<? .-T 3 + +/ ,,,,, &,,:d”
\ ,2’
STATE OF lLLlfibrS)~II:~““’
,‘, ;>*
COUNTY OF OUPAGE)
On ihh 12th day of (May, 1998, before me came the incFF/idual who’executed the preceding instrument, to me personally known, and, being by me dUiY
sworn, said that he is the therein described and authorized officer of ‘he Washington International Insurance Company; that the seal atied to said
instrument is the Corporate Seal of said Company;
ERfCA R. JOHNSON
N&r/ i?k4io. State of I:lif!ci5 Erica R. Johnson, N
year first above written.
STATE OF ILLINOIS)
COUNM OF DUPAGE)
1, the Under%Wd, Vice-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, 00 HEREGY CERTlfl
ihat ?he foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that &tic!6 ill, Se:ecn 5
of the By-Laws of the Corporation, and the Resolution of the Board of Directory, set forth in the Power of Attorney, are now in force.
COUNM OF DUPAGE)
I, the Undeti’gned, Vice-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, 00 HEREGY CERTlfl
ihat ?he foregoing and attached POWER OF AmORNEY remains in full force and has not been revoked, and furthermore that Artic!e ill, Sezecn 5
of the By-Law of the Corporation, and the Resolution of the Board of Directorj, set forth in the Power of Attorney, are now in force.
Signed and sealed in the County of Dupage. Dated the 15th day of Signed and sealed in the County of Dupage. Dated the 15th day of DECEMBER DECEMBER ,19 99 ,19 99 L L
. . - J&i&6. Carper&r, Vice-President
-
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GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID”
AND
“DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in section l-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor”,
“Contract Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in
section l-2 of the Supplemental Provisions especially “Own Organization” and “Owner Operator/Lessor.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC
and section 2-3.1 of theseSupplemental Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct information may result
in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work proposed to be performed by the Bidder by other than the Contractor’s own organization
will be rejected as non-responsive. Specialty items of work that may be so designated by the
Engineer on the “Contractors Proposal” are not included in computing the percentage of work
proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed by the State of California who the Bidder
proposes to specially fabricate and install any portion of the work or improvement according to
detailed drawings contained in the plans and specifications in excess on one-half on one percent (0.5%) of the Bidders total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s)
and location(s) of business of subcontractor(s) shall be set forth and included as in integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor (O+O) of manpower and equipment that is it proposes to use to complete the Work. Additional copies of their forms must be attached if required to accommodate the Contractors decision to use more than
one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out.
There forms must be submitted as a part of the Bidders sealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount in dollars, of work performed by the Bidders own forces (as Contractor) nor the
Bidders overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item by each Subcontractor or Owner Operator/Lessor must be entered under the columns “Amount of Subcontractors Bid in Bid Item Including Subcontractors
Overhead & Profit” or “Amount of Owner Operator/Lessor Work in Bid Item Including Owner
Operator/Lessors Overhead & Profit” unless the dollar amount of all work performed by any
Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidders total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a.bid item the entire amount of the Contract Unit
Price, less the Bidders overhead and profit shall be multiplied by the Quantity of the bid item that the
Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed.
6ffl99 Contract No. 36561 and 36591 Page 19 of 69 Pages
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Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as the case
may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
Owner Operator/Lessor installing said item
The item number from the “CONTRACTORS PROPOSAL” (Bid Sheets) shall be entered in the “Bid
Item No.” column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The number of additional form pages shall be entered on the first form page of each type so duplicated.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less
than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and theseSupplemental Provisions. The decision of the City Council shall be final.
e 617199 Contract No. 36561 and 36591 Page 20 of 69 Pages
FOSE Conference Program FlashFax
TO: i r.lllll~ .F,Iy Tlrlllllr yv ws sJ?irrgm a 6 RUTH FLETCHER
IO@ tlv:cn - GYwmr-t( convenriorr cenret ORG:
FAX: 7606028556 *- FOSE 2000 I POST-NEWSWEEK BLHN~~N~~WATK)N, INC.
t3500 Leesburg Pike, Suite 7500, Vienna VA ZZl82 Tel 7&3-84&2800 I Fax 703-226-1279
PAGES: 1
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DESIGNATION OF SUBCONTRACTOR AND
& AMOUNT OF SUBCONTRACTOR’S BID ITEMS
CONTRACT NOS. 36561 AND 36591
FOXES LANDING SEWER LIFT STATION
FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half on one percent (0.5%) of the Bidders total bid or ten thousand dollars $10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: bdrc &%57&‘J~?-kjd /kc -
Subcontractors Location of Business: C bf~iA Vi53 CA %3/l
City State Zip
* Subcontractor’sTelephone Number plus Area Code: ($94 +a?- 7570
l Subcontractors California State Contractors License No. & Classification: 7X9 128 4
* Subcontractor’sCarlsbad Business License No.:
SUBCONTRACTORS BID ITEMS
62-i-r I% Acm c-z \ $ L/acxj.ofi I $ 3 ouJ.or. $ s I I $ $ -h
Explanatiorr Column 1 - Bid Item No. from the bid proposal, pages9 through 12, inclusive Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractors own forces. Column 4 - The dollar amount of theBidder’s overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 12 inclusive *Pursuant to section 4104 (a)(2)(A) California Public Contracts Code receipt of the portions of the
information precede by an asterisk required on this document may be submitted by the Bidder up to
24 hours after the deadline for submitting bids contained in theNotice Inviting Bids”.
Page z of z pages of this Subcontractor Designation form
6/7/99 Contract No. 36561 and 36591 Page 21 of 69 Pages
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DESIGNATION OF OWNER OPERATOR/LESSOR AND
&AMOUNT OF OWNER OPERATOR/LESSOR WORK
CONTRACT NOS. 36561 AND 36591
FOXES LANDING SEWER LIFT STATION
FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the
portions of the Work as designated in the list in accordance with applicable in the list in accordance
with applicable provisions of the specifications and section 4104 et eq. of the Public Contracts Code
“Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional
Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half
of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater
and that no changes in the Owner Operator/Lessor listed work will be made except upon the prior
approval of theAgency
Full Owner Operator/Lessor Name
c
r
Location of Business:
Street Address
City State
* Owner Operator/LessorTelephone Number plus Area Code:
* City of Carlsbad Business License No.:
OWNER OPERATOR/LESSOR WORK ITEMS
Zip
Explanatiorr
Column 1 - Bid Item No. from the bid proposal, pagetiN through NN, inclusive Column 2 - The dollar amount of the item to be performed by the subcontractor.
Column 3 - The dollar amount of the item to be performed by Contractors own forces.
Column 4 - The dollar amount of theBidder’s overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the
item on bid proposal pages9 through 12 inclusive.
*Pursuant to section 4104 (a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to
6l-7199 Contract No. 36561 and 36591 Page 22 of 69 Pages
24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids”.
Paw - of pages of this Owner Operator/Lessor form
-
-_
617199 Contract No. 36561 and 36591 Page 23 of 69 Pages
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NOS. 36561 AND 36591 ’
FOXES LANDING SEWER LIFT STATION
FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted
under separate cover marked CONFIDENTIAL.
Contract No. 36561 and 36591 Page 24 of 69 Pages
CURRENT ASSETS
GENERAL CHECKING
GARNISHMENT ACCOUNT
PETTY CASH
ACCOUNTS RECEIVABLE
TOTAL CURRENT ASSETS
PROPERTY AND EQUIPMENT
FURNITURE & FIXTURES MACHINERY & EQUIPMENT TRUCKS & AUTOS
ACCUM. DEPRECIATION
TOTAL PROPERTY AND EQUIPMENT
OTHER ASSETS
TOTAL OTHER ASSETS
TOTAL ASSETS
CURRENT LIABILITIES
ACCOUNTS PAYABLE
FWH TAX PAYABLE
PAYCHECKS TAX TRANSFER
FICA-EE TAX PAYABLE
MEDIC-EE TAX PAYABLE
EMPLOYEE SD1 TAX FICA-ER TAX PAYABLE MEDIC-ER TAX PAYABLE
SWH TAX PAYABLE
SUTA PAYABLE FUTA PAYABLE
N/P - EPI LEASING
N/P - CIT
TOTAL CURRENT LIABILITIES
LONG-TERM LIABILITIES
N/P - BORING MACHINE
-N/P-SKID STEER
z/P-CAT 226
HMS CONSTRUCTION
BALANCE SHEET
JUNE 30, 1999
ASSETS
$ 160,488.67
<255.00>
1,800.OO
274,113.43
Page: 1 of 2
436,147.10
4,578.OO
470,001.15
76,630.OO
<59,948.00>
491,261.15
LIABILITIES AND CAPITAL
$ 144,970.27
<32.51>
<9.64>
13.20
2.57
<22.02>
34.22
2.56
<70.19>
<57.07>
32.65
37,265.25 31,960.35
0.00
$ 927,408.25
214,089.64
156,704.Ol 24,160.OO
<250.00>
TOTAL LONG-TERM LIABILITIES 180,614.Ol
UNAUDITED - FOR MANAGEMENT PURPOSES ONLY
Page: 2 of 2
TOTAL LIABILITIES
CAPITAL
RETAINED EARNINGS
OWNER'S CONTRIBUTION OWNER'S DRAW NET INCOME
TOTAL CAPITAL
TOTAL LIABILITIES C CAPITAL
HMS CONSTRUCTION
BALANCE SHEET
JUNE 30, 1999
394,703.65
104,498.43
171,356.91
<64,452.52>
321,301.78
532,704.60
$ 927,408.25
UNAUDITED - FOR MANAGEMENT PURPOSES ONLY
Page: 1 of 2
HMS CONSTRUCTION
INCOME STATEMENT
FOR THE SIX MONTHS ENDING JUNE! 30, 1999
YEAR TO DATE
REVENUES SALES-CONTRACTS INTEREST INCOME
TOTAL REVEZWES 1,389,606.28 100.00
COST OF SALES
C.O.S.-LABOR C.O.S.-MATERIALS
C.O.S.-EQUIPMENT C.O.S.-OTHER
C.O.S.-TEMP YARD/OFFICE
C.O.S.-SUBCONTRACT PURCHASE DISCOUNTS
TOTAL COST OF SALES 821,963.60 59.15
GROSS PROFIT 567,642.68 40.85
1,388,742.00 99.94
864.28 0.06
183,618.37 13.21
431,042.16 31.02
62,968.15 4.53
11,676.07 0.84
25,867.84 1.86 106,812.05 7.69
<21.04> 0.00
EXPENSES AUTO FUEL EXPENSE
AUTO FUEL EXPENSE-JIM AUTO FUEL EXPENSE-BILL
AUTO FUEL EXPENSE-DANNY
AUTO FUEL EXPENSE-GUS -AUTO FUEL EXPENSE-LARRY
AUTO FUEL EXPENSE- AUTO FUEL EXPENSE-CHUCK
AUTO FUEL EXPENSE-S.HIGH AUTO FUEL EXPENSE-JOHN E AUTO REPAIR & MAINT
AUTO-LEASES INSURANCE-GEN LIAB INSURANCE-WORK COMP
INSURANCE- AUTO INSURANCE- LIFE
INSURANCE- MEDICAL LEGAL
ACCOUNTING
MAINT & REPAIR TOOLS
OFFICE SUPPLY
OTHER OFFICE EXPENSE ADVERTISING & PROMO
BANK CHARGES INTEREST LICENSE & PERMIT
PLANS AND PERMITS POSTAGE & FREIGHT RENT-EQUIPMENT RENT-OFFICE/YARD TELEPHONE
UTILITIES
DUES & SUBSCRIPTIONS ,-TRAVEL :NTERTAINMENT DONATIONS EMPLOYER FICA EMPLOYER MEDICARE TAX EXPENSE EMPLOYER FUTA TAX EXPENSE
967.14 0.07 683.67 0.05
1,645.38 0.12
1,638.06 0.12 1,567.23 0.11
1,863.89 0.13
451.78 0.03 1,463.26 0.11
835.16 0.06 719.62 0.05
19,506.06 1.40
31,112.16 2.24 40,164.57 2.89
8,519.OO 0.61
4,650.OO 0.33 993.54 0.07
529.93 0.04 1,703.76 0.12
7,474.85 0.54
51,126.28 3.68 1,652.35 0.12
4,927.05 0.35
964.95 0.07 115.95 0.01
30.00 0.00
13,528.75 0.97 13,726.60 0.99 180.79 0.01
161.06 0.01
125.13 0.01 4‘400.00 0.32
5,481.55 0.39
524.08 0.04
961.71 0.07
474.67 0.03 4,565.60 0.33 170.00 0.01 11,384.34 0.82 2,662.40 0.19
531.07 0.04
FOR MANAGEMENT PURPOSES ONLY
,
Page:2 of2 . HMS CONSTRUCTION
INCOME STATEMENT
- FOR THE SIX MONTHS ENDING JUNF, 30, 1999
EMPLOYER SUTA TAX EXPENSE 2,091.06 0.15 OTHER EXPENSE 66.45 0.00
TOTAL EXPENSES 246,340.90 17.73
NET INCOME $ 321,301.78 23.12
FOR MANAGEMENTPURPOSESONLY
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BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NOS. 36561 AND 36591
FOXES LANDING SEWER LIFT STATION
FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge his/her responsibility, experience and skill. An attachment can be used.
Date Contract Completed
r+7
Name and Address of the Employer
/vua cc.IJus74.~cr~oru,
a 6l7l99
Name and Phone No. of Person
to Contract
~ MdR&;/(l W&&%&7-
Amount I Type of of Work Contract
,=J %k?,- cc)*& 17s F&&&#j$ cQ&J4jyJ ?RoLcoy l-L.&.c emd~-p p&g cw
Contract No. 36561 and 36591 Page 25 of 69 Pages
LEr,. IO. 1999 ,9 .I., . ..d.....
I, . . . ! , !.\ I! L!.,! !~!: :: :. 1.7.: .,..:..;I ..,. .,n,a.:,,; : I., ,,, f,c;;i:rs~~~“~ !.,1 ,/r
Crlco tns Orakerc L Aa,nt
Llc. NP. WZOWLI
146p Frarea Rosd lizlaf.l
6m PIwe CA 92106-1997
ONLY ANP CdNF THIS CFI
! COMPANY
1619) 28n-3844 iiimm-"-----' -.- A ~mrtlrrn AU~M~~IID Inmm ~a, _.___ -__. _,_
HM3 ConstructIon, Inc.
lylsP Fumrts Straat
F4flbrask. CA 92021
COMPANY
. B
COMPANY
cj
THISIST~CERTIFYTHATTHEPOLI INDICATED N6TWITHSTANWNQA CERTlFlCA+E MAY BE 166UED OR I EXCLUGiONB ANCICONDITION>;
- -- - --
1 AlJTamaOILS Ll*olLlTv
2 ANY AUTO
ALL OWNEO AUlOS
KREOULED AUTOS
K NONQWNEO AUTOS
cxG8RLI*lb.rn
Ut4MELI.I FoRrri
OTNGR THAN UMBRELLA FORhi
A WORlC0R4COMPENUAllOM AND EwLnrnC LIAMLIW
TtE PPOPRETQW TtE PPOPRETQW PAl?RMfRSiEXECU~‘U!3 PAl?RMfRSiEXECU~‘U!3 OFFICERS ARE:
OYnln
~ES#IN~U~A~C~L~ST~BEL~W~A~EBEENISSU~DTOTHEINSUAEPNAMEDABOVEFORTHEPOL~CYPEP~OD ,~Y~~~UlR~~C~T,~~~~CDNDlil~NDFANY~ONTRACTClROTHERDDCUMENTWlTHRESPE~T~OW~~Hl~l~ 4AY PERTAIN, THE IN8URANCF:AFFORDED BY THE POLlCEs DESCRIBED HEREIN IS SUBJECT lb Au THE TERMS,
IF SUCH POUCIES. LIMITS 8wwN MAY iiAvE BEEN REwxD 6~ PA*.CLA+
rOLGrntJMIER PDLGYEFFECTI~ 1 PDLICYEXPIRLTION~
..--
DAR WlNWtY) ) ~*-f81MnNDofTl) ; LIMP
i
hpbOP740744
bKBBOl41741
, /
11/21/PS j 11/2l/PD __ ,, IQENERkL AhbREhhTE 9
I-- PR’XlUC~E~Oti/QP AP9 t
2.000.000
~moriiL a AOY Iktw 5
P,OW,OOD
l,OOO,OOD
E&CH OCCLR~ENCE 8
FiRs 0IuhW (Any on@ flr41 8
l,OOO.ODD
~00~ I Mm EW IAny anne prml S 6,DOD _
lllzlm 11/21100 CCMBItJE!J SINBU LIMIT S
1.000.0c4
BWILY INJURY Psr oscldanil is
t-
--”
t
.._._._-
FPbPERfT DANfill! 1
I I
wr: CwitrrM #36&l !d 22621 Fmam Lmllna swnr F*rUa Mlln L
nt4rst4tr (I, Ill-Inch Wrtrrllnr Crasrlnp. Csrt holder Is named at prlmrry mddltlsnsl Inwrsd par form CtlOlO titrshrd.
10 dmyr ow~~llrtlsn natlw but 10 dryr far non ply DC prnlun.
City et Cwlelmd
Attn: Purekrslng Offl~srl
city HIII
1HOULD ANY OFTtIC AlOVE DEWMID PPLIC(OE 46 GA-D lIPONE THE
EWPIRATION DATE IliFPEP~~ TtfEIs4t~~4 COMPANY WILL E-AIL
30 RAY8 WRIllVN NMlelr To 7HE GfITCICA1E H#DR MyliD TO TM Lm,
1200 Cwfabrd Vlllaps Drlw
CERTIFICATE: [10910011 PM24
DEC.?&1999 - 9:31RPl CRLCO INS
.
NO.898 P-93
-
Additional Insured - Owners, Lessees or Contractors (Form B)
co 20 10 11-85 Policy Amendment General Liability
INSURED: HMS GONSTRtJCT[ON, INC. POLICY NUMBER: moeD7e744
pf?ODUCER:CALCO IN6 BROKER6 ch AGENT6 EFFECTIVE DATE: iimiss
SCHEDULE
Name Of Person Or Orgnnizatim:
CITY OF OARLSEIAD I= CARWBAD WLLAQE DRIVE ‘XRLSBAD, CA WUB-15Bs
(IF NO EPITRY APPEARS ABOVE. INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT.)
WHO IS AN INSURE0 (Section 11) is amended to in- liability arising out of your work for that insured by clode as an insured the person or organisation shown in the Gchedule. but only with respect to or br you.
~JNSURaNCE ENDORSEMEt+Q
It Is agreed that such Insurance Is afforded by this poky for the beneil of
CllY OF CARLBBAO shall be primary as respects any claim, loss or iiibllty arising out of the &contractof’s oparat’kw~s or by its independent cm!mctm and any other lmwanoe maintained bythe abaue rofereti additimal fnsureds shall be noncontributory with the insurance pmvided hereunder,
RE: CWlTWT w365818 =1?0XE8 LANDING SEbVEf? FORCE MAIN AND INTERSTA~ S, l&INCH WATBtLINC CROWNo
This Form must R attscned ta Change Endarsemsnt When issued M@’ IN Polky is wfinen.
ONE OF THE FIREMAN’S FUND lNSURANCE CWPAWS AS NAMED IN SHE POUCY
CGPIO 114s ,-- 0~~~73 Cwywo’Qd MWl* 01 lnwrncs Swjvlca cqf~w, IM itis
-
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BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’COMPENSATION
(To Accompany Proposal)
CONTRACT NOS. 36561 AND 36591
FOXES LANDING SEWER LIFT STATION
FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING
As a required part of the Bidder’sproposal the Bidder must attach either of the following to this page.
1. Certificates of insurance showing conformance with the requirements herein for:
ci Comprehensive General Liability
- Cl Workers Compensation
Cl Automobile Liability
0 Employers Liability
-- 2. Statement with an insurance carriers notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Employers Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurance to the - Agency showing conformance with the requirements herein.
-
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
(1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public
Works Construction and the Supplemental Provisions for this project for each insurance company
that the Contractorproposes. (2) Cover any vehicle used in the performance of the contract, used onsite or offsite, 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.
6/7/99 Contract No. 36561 and 36591 Page 26 of 69 Pages
OF INFORMATION
Calco Ins Brokers & Agent I
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
- HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I I- Lit. No. OB29370
1450 Frazee R&d #200
San Diago CA 92108-1337
(619) 260-3844
INSURED
ALTER THE COVERAGE AFFORDED BY THE POLiClES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A American Automobile Ins. Co.
COMPANY
Hods Construction, Inc.
2089 Fuerte Street
Fallbrook, CA 92028
B
COMPANY
C
COMPANY
THlSISTOCERTlFYTHATTHEPOLlClESOFlNSURANCELlSTEDBELOWHAVEBEENlSSUEDTOTHElNSUREDNAMEDABOVEFORTHEPOLlCYPERlOD
INDICATED,NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDlTlONOFANYCONTRACTOROTHERDOCUMENTWlTHRESPECTTOWHlCHTHlS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
50 1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
.TR DATE (MMIDDIYY) DATE (MMIDDIYY) LIMITS
A GENERAL LIABILITY m2680748744 11/21/99 11/21/00 GENERAL AGGREGATE s 2,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000
CLAIMS MADE m OCCUR PERSONAL & ADV INJURY S 1,000,000
OWNER’S & CONTRACTOR’S PROT EACH OCCURRENCE s 1,000,000
FIRE DAMAGE (Any one fire) S 100,000
MED EXP (Any one person) S 5,000
A AUTOMOBlLE LIABLITY MZGB0748744 11121199 11/21/00 COMBINED SINGLE LIMIT S
X ANY AUTO 1,000,000
ALL OWNED AUTOS BODILY INJURY
-ti
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
PROPERTY DAMAGE s
GARAGE LIABILlTY AUTO ONLY . EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY: I I I EACH ACCIDENT S
AGGREGATE 1 S I
EXCESS LIABILITY EACH OCCURRENCE s
UMBRELLA FORM AGGREGATE s t-7 OTHER THAN UMBRELLA FORM 1 I I Is
A WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
wzpaoa31256 11/21/00 X STATUTORY LIMITS
EACH ACCIDENT s 1,000,000
DISEASE . POLICY LIMIT $ 1,000,000
DISEASE - EACH EMPLOYEE S 1,000,000
DESCRIPTION OF OPERATlONSfLOCATIONSIVEHlCLESlSPEClAL ITEMS Re: Foxes Landing Sewer Force Main and Interstate 5, Contract #
36561 and 36591. The City of Carlsbad and the Carlsbad Municipal Water District are named as primary additional insured per form
CG2010 for general liability and form 141810 for auto.
30 days cancellation notice but 10 days for non pay of premium. . . . . / ,. ., .,. ,., .,.,., .,. ,., ., ,. ,.,.,. ,., ., ,. ., .,. ,., ., ,. ,., .,. ,. ., ,. ,., .,.,., ., ,. ,., .,. ,. ., ,. ,., .,. ,. ., ,. ,., .,.,., .,. ,.. ., ., . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .,.,., ., ., ,. ., ,.,., .,. ,., .,. ,. ., .,. ,. .,. ,., .,. ,., .,. ., ,. ., ,. ,. ., ., ., .,. .,. ., ,., . . . . . . C~R~~!~~~,~~~~~~~~~: ‘I i:ji ;clij ;; i::,; ; ::.;::ijjii,;ij :j Fi:;g ~~~;,i,< ~$$+$ ,;.~:;‘,:~::~:~.~:~::~.~: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ‘i._3 ;: ‘:i’:ii::i::i’i gz .i .i ii
I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Carlsbad
1635 Faraday Ave
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL -m MAlL
30 DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Carlsbad, CA 92008-7314
CERTIFICATE: 003/DOl/ 00039
Additional Insured - Owners, Lessees or Contractors (Form B)
CG 20 IO 11-85
Policy Amendment General Liability
INSURED: HMS CONSTRUCTION, INC. POLICY NUMBER: MzG80748744
PRODUCER: CALCO INS BROKERS 8 AGENTS EFFECTIVE DATE: 11mB9
SCHEDULE
Name Of Person Or Organization:
THE CITY OF CARLSBAD, THE CARLSBAD MUNICIPAL
WATER DISTRICT, THEIR OFFICIALS, EMPLOYEES AND
VOLUNTEERS
(IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE
SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT.)
-
WHO IS AN INSURED (Section II) is amended to in- liability arising out of your work for that insured by elude as an insured the person or organization or for you. shown in the Schedule, but only with respect to
PRIMARY INSURANCE ENDORSEMENT
It is agreed that such insurance is afforded by this policy for the beneffi of
CITY OF CARLSBAD ET AL shall be primary as respects any claim, loss or liability arising out of the subcontractor’s operations or by
its independent contractors and any other insurance maintained by the above referenced additional insureds
shall be noncontributory with the insurance provided hereunder.
Job: RE: FOXES LANDING SEWER FORCE MAIN AND INTERSTATE 5, CONTRACT NO. 36561 AND 38991.
This Form must be attached to Change Endorsement when issued after the Policy is written.
ONE OF THE FIREMAN’S FUND INSURANCE COMPANIES AS NAME0 IN THE POLICY
President
CGZ?OlO 1 l-65 CO~UIS Copyrqhled Mafeml of insurance Servtces Offtce. Inc 1984
~.wddMb -1 KUCTION, INC. ?..!irn hl..~080748744’
r”=‘7%LC0 INSURANCE BROKERS 8 AGENTS Erd,,b+ ,h,C
llt21199
Policy Number Commercial Auto
This Endorsement Changes The Policy. Please Read It Carefully.
ADDITIONAL INSURED - AUTO LIABILITY
This endorsement modifies insurance provided under the following;
BUSINESS AUTO COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy
unless another date is indicated below.
Endorsement Effective
Named Insured Countersigned by
(Authorized Representative)
SCHEDULE
Name of Person or Organization:
THE GIN OF CARLSBAD, THE CARLSBAD
MUNICIPAL WATER DISTRICT, THEIR OFFICIALS,
EMPLOYEES AND VOLUNTEERS
(IF NO ENTRY APPEARS ABOVE, TN-FORMATION REQUIRED TO COWLETE THIS ENDORSEMENT
WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT.)
I. The person or organization shown in the schedule above is an Additional
Insured under this policy but only to the extent that the person or organ-
ization is Liable for the conduct of an "insured" as defined in subparagraphs
a. and b. of Section II, paragraph A-1. WHO IS AN INSURED of the policy.
However, if you have hired or borrowed a covered "auto" from that person or
organization, they are an additional insured only if the hired or borrowed
covered “auto” is a "trailer" connected to a covered “aut0” YOU Own-
It is agreed that such insurance is afforded by this policy for the benefit of The City of Carlsbad and the Cadsbad MuMpal Water District shall be primary as respects any claim, loss or liability arising out of the sub~~@&~% oPe&tJs or by ik independent contractors and any other insurance maintained by the above referenced additional insureds shall be non-contributory with the insurance provided
hereun$?.f OTHER TERMS AND CONDITIONS OF THE POLICY APPLY .-
,I,,< ..: :;r
$L/bkLQ.
c-.“nr.-f.;<,cr,“?4 ,“,fl.ru~I .4t-r:
Fircrr.dn’s Fu~rci Inwrancr 1*4ampdnirx
\.\..,t,.-,’ . . i 3
r-.44 Cl \ _-.. _-... . _.--___ _._ _. ._-._.--. .- --- .._._ -_ ~.. .__L__-. . ..-- --
::it, . .
BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NOS. 36561 AND 36591
FOXES LANDING SEWER LIFT STATION
FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
Yes no
2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
c
c
-
I
~lCL@& c c-/+5& &vLSd-
(print name/title)
Page of -- pages of the Re Debarment form
6l7/99 Contract No. 36561 and 36591 Page 27 of 69 Pages
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-
-
-
-
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BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NOS. 36561 AND 36591
FOXES LANDING SEWER LIFT STATION
FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent
act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractors license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?
x
Yes no
2. Has the suspension or revocation of your contractors license ever been stayed?
yes --?l
no
3. Have any subcontractors that you propose to perform any portion of the Work ever had their
contractors license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period?
yes no
4. Has the suspension or revocation of the license of any subcontractors that you propose to
perform any portion of t Work ever been stayed?
9s no
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor.
(If needed, attach additional sheetsto provide full disclosure
Page / of pages of this Disclosure of Discipline form /
617199 Contract No. 36561 and 36591 Page 28 of 69 Pages
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BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NOS. 36561 AND 36591
FOXES LANDING SEWER LIFT STATION
FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
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If needed attach additional sheets to provide full disclosure. -
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BY CONTRACTOR:
01~rcM4c-L tJ44 &kkCs
(print name/title)
Page / of pages / of this Disclosure of Discipline form
617199 Contract No. 36561 and 36591 Page 29 of 69 Pages
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NOS. 36561 AND 36591
FOXES LANDING SEWER LIFT STATION
FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING .
State of California 1 ) ss.
County of )
/V/c b/AL-c tiuji k! , being first duly sworn, deposes
(Name of Bidder)
- and says tha@or she is 6 CH AdeAF
(Title)
(Name of Firm)
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the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly
or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and 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.
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed on the lb day of Gcc-+ ,19(- .
the t b day of &‘c-L- f
\
Signature of Notary
19qc -.
617199 Contract No. 36561 and 36591 Page 30 of 69 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this a\ ST day of mm , ‘l#@, by and
between the City of Carlsbad, California, a municipal corporation, (hereinafter called “City”), the Carlsbad Municipal Water District of Carlsbad, California, a municipal corporation, (hereinafter called “District”),
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and HMS CONSTRUCTION whose principal place of business is
2089 FUERTE STREET FALLBROOK CA 92028-4043 (hereinafter
called “Contractor’).
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
- The project involves the installation of two pipelines in different locations under the Interstate 5
Freeway. The Foxes Landing Sewer Lift Station force main and the Interstate 5, 16-inch water line
will be installed using the horizontal directional drilling method of trenchless technology. Both the force main and water pipeline are pressure systems.
(hereinafter called “project”)
-- 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
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3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractors Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference.
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Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractors
expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City’s decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
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4. Payment. For all compensation for Contractor’s performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 supplements thereto. hereinafter designated “SSPWC”, as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract.
The Engineer will close the estimate of work completed for progress payments on the last working
day of each month.
6/7/99 Contract No. 36561 and 36591 Page 31 of 69 Pages
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5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor’s convenience only, and City does not warrant that the conditions are
as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and
has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractors cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled
completion date provided for by the contract, but shall proceed with all work to be performed under
the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it 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.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the District and the City of Carlsbad, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or
Contract No. 36561 and 36591 Page 32 of 69 Pages
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indirectly arising from or in connection with the performance of the Contract or work; or from any
failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including
those relating to safety and health; 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, except for loss or damage caused by the sole or active negligence or willful misconduct of the District or City. The expenses of defense include all costs and expenses including - attorneys’ fees for litigation, arbitration, or other dispute resolution method.
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Contractor shall also defend and indemnify the District and the City of Carlsbad against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged
inaccuracies or misrepresentation by Contractor, whether intentional or otherwise, and Contractor will
pay all costs, including defense costs for the District and the City. Defense costs include the cost of separate counsel for District or City, if District or City requests separate counsel.
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10. 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 or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
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a. Comprehensive General Liability Insurance: $1 ,OOO,OOO combined single limit per occurrence
for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City, the District, or its agents, officers or employees are additional insured.
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b. Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury
and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, 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.
Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits
is required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per incident. Workers’ compensation offered by the State Compensation Insurance Fund is
acceptable to the Cityand the District
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(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance
contain, or are endorsed to contain, the following provisions
a. The District and the City of Carlsbad, its officials, employees and volunteers are to be covered as
additional insured 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 or City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance;
one for each company affording general liabilityand employers’ liability
a 617199 Contract No. 36561 and 36591 Page 33 of 69 Pages
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b. The Contractor’s insurance coverage shall be primary insurance as respects the District and City,
its officials, employees and volunteers. Any insurance or self-insurance maintained by the District or
City, its officials, employees or volunteers shall be in excess of the contractor’s insurance and shall
not contribute with it.
C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the District and City, its officials, employees or volunteers.
d. 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.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days’ prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City,
its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses
and related investigation, claim administration and defense expenses.
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(H) Verification Of Coverage. Contractor shall furnish the City 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 City and are to be
received and approved by the City before the Contract is executed by the City.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall
furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) 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. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91-403.
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(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor’s bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim 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
6/7/99 Contract No. 36561 and 36591 Page 34 of 69 Pages
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- for breach of this agreement.
- (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation.
- (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false ’
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. -
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(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
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(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
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(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor or subcontractor
from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County, California.
I have read and understand all provisions of Section 11 above. 4k (Initiil
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2,
of the Labor Code. If the Contractor does not maintain the records at Contractor% principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of
such records.
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13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the
City may be substituted for monies withheld to ensure performance under this Contract.
- 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and __ 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.
6/7/99 Contract No. 3656 1 and 3659 1 Page 35 of 69 Pages
16. Additional Provisions. Any additional provisions of this agreement are set forth in the - “General Provisions” or ‘Supplemental Provisions” attached hereto and made a part hereof.
- NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
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(CORPORATE SEAL)
CONTRACTOR: pal corporation of
- kCU4/& c? cl14 4 - (print name and title)
- By:
(sign here)
- -- (print name and title)
RONALD R. BALL
President or ‘vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation.
If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument.
APPROVED AS TO FORM:
City A%mey/General Counsel
By: ,\,-L ;3 8--r.,)
JANE MO ALDI Assistant City AttorneyAssistant General Counsel
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6/7/99 Contract No. 36561 and 36591 Page 36 of 69 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of wb,osp 1
ss.
On 2-25--L*- , before me, , Date Name and Title of bfficer (e.g., “Jane Doe, Notary Public”)
personally appeared Gc/L;c%- (, c . N%%
Name(s) of Signer(s)
0 personally known to me
Q&proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged 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.
Place Notary Seal Above
WITNESS my hand and official seal.
~-uL---
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
i? Other:
Signer Is Representing:
Top of thumb here
0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6827
BOND NO. S-800-3167
- LABOR AND MATERIALS BOND
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(hereinafter designated as the “Principal”), a Contract for: CONTRACT NOS. 36561 AND 36591 FOXES LANDING SEWER LIFT STATION FORCE MAIN AND INTERSTATE 5, 16-INCH
WATERLINE CROSSING
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad 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 thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2000-66 adopted 2/15/00 , and the Board of
Directors of the ?a&bad iunicipal Water District of the City of Carlsbad, State of California, by
Resolution No. , adopted 2/15100 has awarded to HMS CONSTRUCTION
NOW, THEREFORE, WE, HMS CONSTRUCTJj)N I
WASHINGTON INTERNATION&L as Principal, (hereinafter designated as the “Contractor”), and INSURANCE COMl?ANY
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as Surety, are held firmly bound unto the City of Carlsbad in the sum of ONE MI LLlON TWQ _
HUNDRED NINETY THOUSAND NINE HUNDRED SIXTY FIVE AND OO/lOO Dollars
($ 1,290,965.00 ) said sum being an amount equal to: One hundred percent (100%) of the
total estimated amount payible under said contract by the City of CarlsbadICarlsbad Municipal Water District under the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000) or, Fifty percent (50%) of the total estimated amount payable under said contract
by the City of Carlsbad/Carlsbad Municipal Water District under the terms of the contract when the
total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($lO,OOO,OOO) or, Twenty-five percent (25%) of the total estimated amount payable under said
contract by the City of Carlsbad under the terms of the contract if the contract exceeds ten million
dollars ($lO,OOO,OOO) and for which payment well and truly to be made we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to
pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or
for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon
the bond, costs and reasonable expenses and fees, including reasonable attorney’s fees, to be fixed
by the court, as required by the provisions of section 3248 of the California Civil Code. .-
- 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).
e 6/7/99 Contract No.36561 and 36591 Page 37 of 69Pages
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Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of
time, alterations or addition to the temis 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 Z9
day of IK,&3
CONTRACTOR:
-2
1
@Arc 85&z. m&i!
(print name here)
(title and organization of signatory)
By: (sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this 22nd day
of FEBRUARY 2000 7 .
SURETY: WASHINGTON INTERNATIONAL INSURANCE COMPANY
(name of Surety)
300 PARK BOULEVARD, SUITE 500 ITASCA. IL 60143-2625
(address of Surety)
(630) 227-4700
(telephone number of Surety)
By: JYii!l&~. ii!!iZWE&
(signature of Attorney-in-Fact)
VALERIE M. PEARCE, A'JTORNEY-IN-FACT
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power of attorney)
(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 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument.)
APPROVED AS TO FORM:
RONALD
By: 1
JANE MbBALD[ Assistant City AttomeyfAssistant General Counsel
6ffJQQ Contract No. 36561 and 36591 Page 38 of 69 Pages
.L
H - ..,
_c CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT ~~^~-~‘-‘-~~~~
State of California
SJUU &ep County of 1
ss.
On ‘MC-& 13’ 2000 , before me, R&-IT I
Date Name and Title of Officer (e.g., “Jane Dee, Notaty Public”)
personally appeared Ml Ctib?Gl c. kllqH 1 Name(s) of Signer(s)
Cl personally known to me
tiproved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrumentland
acknowledged to me that Eshelthey 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.
Place Notary Seal Above
WITNESS my hand and official seal.
iLP+-l- wd
Signature of Notay Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: dk.’ c2-j c-d!ab%J c--bd.s
Document Date: l&wcLr ‘3, zoo0
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
q Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 1999 Natmal Notary Assceiatlon - 9350 De Solo Ave P.O. Box 240.2 * Chatsworth, CA 91313-2402 - wwwnationalnotaryorg Prod. No. 5907 Reorder. Cal, Toll-Free I-800-8766827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of San Diego
On 2-22-00
DATE
personally appeared
before me, America San Martin, Notary Public I NAME, TITLE OF OFFICER - E.G.. “JANE DOE, NOTARY PUBLIC
Valerie M. Pearce I
NAME(S) OF SIGNER(S)
q personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person(X) whose name@) ishE?z
subscribed to the within instrument and ac-
knowledged to me that$ma/she&Lq executed _. the same in his/her/their authorized
capacity&@, and that by xhcWher~
signature@) on the instrument the person(s),
or the entity upon behalf of which the
person(z) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL q CORPORATE OFFICER
0 PARTNER(S)
TITLE(S)
c] LIMITED
0 GENERAL
TITLE OR TYPE OF DOCUMENT
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIl-Y(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@I993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
WW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws
3 State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint
JEROLD D. HALL, SANDRA J. LITTLE, CHRIS A. LYDICK, LETICIA SAN MARTIN,
CHRISTINE A. PATERSON, VALERIE M. PEARCE, BART B. STEWART AND J.T. WARNOCK
EACH IN THEIR SEPARATE CAPACITY
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by
law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding
upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed
and acknowledged by its President and / or its principal officers.
This Power of Attorney shall be limited in amount to $7,500,000.00 for any single obligation.
This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978,
July 3, 1980 and October 21, 1986 which read, in part, as follows:
1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fact,
and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who
are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the
Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him.
2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the
corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile.
Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary
course of business shall be valid and binding upon the Company.
Washington International Insurance Company has caused this instrument to be signed and its corporate seal
officer, this 29th day of
ATIONAL INSURANCE COMPANY
On this 29th day of November, 1999, before me came the individual who executed the preceding instrument, to me personally known, and, being
by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal
affixed to said instrument is the Corporate Seal of said Company;
IN ~,~~~~~Q~~~~~~“~E~~~~.;~,~~reunto set my hand and affixed my Official Seal, the day and year first above written.
5
UFFFCSAL SEAL
I
YASMIN A PA-EL i 3
OJOT#RY $U$!.IC, ST ATE OF lCCltdO!d ’ $ s,y c¶J~.q~fis~io:~ EXRRES:08I13m? i, cE~~~~~-.---lu”-~~.‘.~.~,~~u;~yJ
STATE OF ILLINOIS)
COUNTY OF DUPAGE)
I, the undersigned, Vice-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF AlTORNEY remains in full force and has not been revoked, and furthermore that Article
III, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force.
.$ianed and sealed in the County of Dupage. Dated the 22ndday of FEBRUARY ,200o
BOND NO. S-800-3167
- FAITHFUL PERFORMANCElVViiRRANN BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2000-66 adopted Z/15/00 , and the Board of Directors of the Carlsbad
Municipal VI$/;;,~$ict of the City of Carl&ad, State of California, by Resolution No. 1073 :
adopted has awarded to HMS CONSTRUCTlON , (hereinafter
designated as the “Principal”), a Contract for: CONTRACT NOS. 36561 AND 36591 FOXES
LANDING SEWER LIFT STATION FORCE MAIN AND INTERSTATE 5, 16lNCH WATERLINE
CROSSING
in the City of Carlsbad, in strict conformity with m contract, the drawings and specifications, and
other Contract .Documents now on file in the OHice of the City Clerk of the City of Carlsbad, 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 for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, HMS CONSTRUCTION # as Principal,
(hereinafterdesignatedasthe”Contractor”),and WASHINGTON INTERNATIONAL INSTJRANCE COMPANY
as Surety, are held and firmly bound unto the City of Carlsbad,
ONE MILLION Two tiuNDRED NINETY THOUSAND NONE HUNDRED SIXTY FIVE 6 oo/ioo in the sum of XXXXXXXXXXXXXXXXX Dollars ($1 I 299,965 l 90 ) said sum being equal to i one hundred percent (100%) of the estimated amount of the Contract, to lk paid to City or its certain
attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrqtors, successors oi assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects ‘according to their true intent and meaning, and shall
indemnify and save harmless the Cii of Carlsbad, its ofFicers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorneys fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
! any judgment rendered.
Surety stipulates and’agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the,work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of
time, alterations or addition to the terms of the contract or to the work or: to the specifications.
In the event that 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 t 19-.
Contract No. 36561 and 36591 Page 39 of 69 Pages
CONTRACTOR: Executed by SURETY this 22nd day of
-
RMS GONSTRUCTION
tor)
By:
Inn,C~&Ol k/d (print name’fiere)
(Title and Organization of Signatory)
-
By:
(sign here)
(print name here)
-- (Title and Organization of signatory)
-
-
FEBRUARY 2000 ,Y.
SURETY:
WASRINGTON INTRRNATIONAL INSTJRANCRCOMPANY
(name of Surety)
300 PARR BOuLRVARD, SUITE 300 ITASCA, IL 60143-2625
(address of Surety)
(630) 227-4700
(telephone number of Surety)
By: ZliibJCC YJ7.f ~-JIJW!~ L- (signature of Attorney-in-Fact)
VALERIE M. PRARCR, ATTORNRY-IN-FACT
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current power of attorney.)
(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 officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.
APPROVED AS TO FORM: RONALD R. BALL
General Counsel f3-
Assistant City AttorneyAssistant General Counsel
6/7/99 Contract No. 36561 and 36591 Page 40 of 69 Pages
a- -
t l
,.- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-
State of California
5- b;qo County of >
ss.
On Mwc@. ‘3 ’ zcc o , before me, RC)dJI P.4TEL, Qo-fARY PLJ~LlC 7 Date Name and Title of Officer (e.g.. “Jane Doe, Notary Public’)
personally appeared MICH4EL c=. HIG;H I Name(s) of Signer(s)
0 personally known to me
wproved to me on the basis of satisfactory
evidence
CoMM.#1227830 m
to be the person(s) whose name(s) h/are
subscribed to the within instrument and
acknowledged to me that h&he/they executed
the same in hisJher/their authorized
capacity(ies), and that by h&/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Above
WITNESS my hand and official seal.
/&+p- ud
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: c;tz+ rg cs&bd C.-J%-&
Document Date: Mcwg, 13, =oo Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
q Individual
c7 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
q Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association * 9350 De Soto Ave. P.O. Box 2402 - Chatswollh, CA 91313-2402 - wwv.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of San Diego
On 2-22-w
DATE
personally appeared
before me, America San Martin, Notary Public , NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
Valerie M. Pearce I NAME(S) OF SIGNER(S)
q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(X) whose name(s) isAX%
subscribed to the within instrument and ac-
knowledged to me that$ms/sheBBq! executed -. the same in his/her/their authorized
capacity(h), and that by xkWher~
signature@) on the instrument the person&),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT
q INDIVIDUAL q CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
--_
0 PARTNER(S) 0 LIMITED q GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIl-f(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
Q1993 NATIONAL NOTARY ASSOCIATION l 6236 Remmet Ave., P.O. Box 7184 l Cancga Park. CA 91309-7184
WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
-WALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws
.4 State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint
JEROLD D. HALL, SANDRA J. LITTLE, CHRIS A. LYDICK, LETICIA SAN MARTIN,
CHRISTINE A. PATERSON, VALERIE M. PEARCE, BART B. STEWART AND J.T. WARNOCK
EACH IN THEIR SEPARATE CAPACITY
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by
law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding
upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed
and acknowledged by its President and / or its principal officers.
This Power of Attorney shall be limited in amount to $7,500,000.00 for any single obligation.
This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978,
July 3, 1980 and October 21, 7986 which read, in part, as follows:
1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fact,
and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who
are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the
Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him.
2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the
corporate seal of the Company, may be affixed to any Power of Attorney. certificate, bond or undertaking relating thereto, by facsimile.
Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary
course of business shall be valid and binding upon the Company.
“\.. .\;::;!..‘! :.,
kxESTiM,ONY WHEREOF, the Washington International Insurance Company has caused this instrument to be signed and its corporate seal
!>affixed by its authorized officer, this 29th day of : ,< =z : ,T:~,k.;” .-.. : ; i,? . ATIONAL INSURANCE COMPANY f :r, : Q>‘-,- zip ~. “’ ..:’ .i ‘,‘-i :,:
z 2 : c y-q $” p ; 1:; $
@;, ++&‘$i.::&+ * :‘.I : .$ :: s,* ‘.*. . ..’ .$$
s~*@f&.$~
COUNTY OF UPAGE)
On this 29th day of November, 1999, before me came the individual who executed the preceding instrument, to me personally known, and, being
by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal
affixed to said instrument is the Corporate Seal of said Company:
set my hand and affixed my Official Seal, the day and year first above written.
yASM\sSIN A PA-EL
NOTARY $W9JC, S-f ATE OF ILLWOB 3 !gf cs)~‘.q&sQ1@:1 EXPtxS:OB/1 wx? 9, CERmeA’ii - - - - . - a,.- - .N.,y&-+%..3
STATE OF ILLINOIS)
COUNTY OF DUPAGE)
I, the undersigned, Vice-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article
III, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force.
Signed and sealed in the County of Dupage. Dated the 22pd day of FEBRUUY ( 2000
-
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION ..-
-
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California,92008, hereinafter called “City” and
whose address is
-
hereinafter called
“Contractor” and whose address is
called “Escrow Agent.”
hereinafter
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the - contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for CONTRACT NOS. 36561 AND 36591 FOXES LANDING SEWER
LIFT STATION FORCE MAIN AND INTERSTATE 5, 16-INCH WATERLINE CROSSING in the
amount of dated (hereinafter referred to as the
“Contract”). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a -- substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit.
The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a
least equal to the cash amount then required to be withheld as retention under the terms of the
contract between the City and Contractor. Securities shall be held in the name of the , and shall designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
-
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All
terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the escrow agent directly.
- 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
- 5 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 City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
-
6/7/99 Contract No. 36561 and 36591 Page 41 of 69 Pages
-
.-.
-.
only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the 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 moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8) inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title
Name
Signature
For Contractor:
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
a 6/7/99 Contract No. 36561 and 36591 Page 42 of 69 Pages
- At the time the Escrow Account is opened, the City and Contractor shall deliver to the 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.
-.
-
For City: Title
Name
Signature
Address
For Contractor:
-
-C
-
-
-
-
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Signature
Address
Contract No. 36561 and 36591 Page 43 of 69 Pages
-
SUPPLEMENTAL PROVISIONS
FOR
CONTRACT NOS. 36561 AND 36591
FOXES LANDING SEWER LIFT STATION
FORCE MAIN AND INTERSTATE 5,164NCH
WATERLINE CROSSING
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
-
--
.-
-
-
-..
-
-
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
l-l TERMS
Add the following section:
1-1.1 Reference to Drawings. Where words “shown”, “indicated”, “detailed”, “noted”, “scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
l-l .2 Directions. Where words “directed”, “designated”, “selected”, or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word “required” and words of similar import shall be understood to
mean “as required to properly complete the work as required and as approved by the Engineer,”
unless stated otherwise.
Add the following section:
l-l.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such
words of similar import are used, it shall be understood such words are followed by the expression “in
the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”,
“acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended.
Add the following section:
l-l.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its
expense, sha!l furnish and install the work, complete in place and ready to use, including furnishing of
necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency -the City of Carisbad, California.
6l7/99 Contract No. 36561 and 36591 Page 44 of 69 Pages
-
City Council - the City Council of the City of Carlsbad AND Board of Directors - the Board of
Directors of the Carlsbad Municipal Water District.
City Manager - the City Manager of the City of Carlsbad or his/her approved representative.
- Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
-
-
-
Engineer-the Deputy City Engineer of the City of Carlsbad or his/her approved representative. The
Deputy City Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and Federal
income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not
part of the Contractors Own Organization and will not be included for the purpose of compliance with
section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
.-...I Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of
the Agency or a public utility
-
-
-
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Project Manager - the Deputy City Engineer-Utility Engineering Division of the City of Carlsbad or
his/her approved representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal
dispute resolution.
J@ 6Ji’J99 Contract No. 36561 and 36591 Page 45 of 69 Pages
l-3 ABBREVIATIONS -
- l-3.2 Common Usage, add the following:
-
-
-
-
-
--
-
-
-
Abbreviation
Apts
Bldg
CMWD
CSSD
cfs Comm DR
E
gal Gar GNV wm IE LCWD
MSL
MTBM
NCTD OHE
OMWD
ROW S SDNR
SDRSD
SFM T
UE W
Word or Words
Apartment and Apartments
Building band Buildings
Carlsbad Municipal Water District Carlsbad Supplemental Standard Drawings
Cubic Feet per Second Commercial
Dimension Ratio
Electric
Gas
Gallon and Gallons
Garage and Garages Ground Not Visible
gallons per minute
Invert Elevation
Leucadia County Water District
Mean Sea Level (see Regional Standard Drawing M-12)
Microtunneling Boring Machine
North County Transit District
Overhead Electric Olivenhain Municipal Water District Right-of-Way
Sewer or Slope, as applicable
San Diego Northern Railway San Diego Regional Standard Drawings
Sewer Force Main
Telephone Underground Electric
Water, Wider or Width, as applicable
Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
-
-
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may
at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and
location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete “who
is listed in the latest version of U.S. Department of Treasury Circular 570.”
e 617199 Contract No. 36561 and 36591 Page 46 of 69 Pages
-
-
-
-
-
-
-
-
-
-
-
-
-
Modify Paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and material suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable, by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($10,000,000).
3) Twenty-five percent (25%) of the total amount payable be the terms of the contract if the contract exceeds ten million dollars ($10,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 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 Engineer. The
bonds to secure payment of laborers and material suppliers shall be released six months plus 30 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.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency 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.
2-5 PLANS AND SPECIFICATIONS.
24.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 and 1999 supplements thereto, hereinafter designated “SSPWC”, as written and promulgated by the Joint
Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the
Supplemental Provisions section of this contract.
The construction plans consist of Iset of drawings. The first set is designated as City of Carlsbad Drawing No. 133-9C and consists of 8 sheets. The standard drawings used for this project are the
latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as
issued by the San Diego County Department of Public Works, together with the most recent editions
of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carisbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions.
Contract No. 36561 and 36591 Page 47 of 69 Pages
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If there is a conflict between Contract Documents, the document highest in precedence shall control. -
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The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law.
2) Technical Specifications. 3) Plans.
4) Supplemental Provisions.
5) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings,
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans. 6) Standard Specifications for Public Works Construction. 7) Manufacturer’s Installation Recommendations.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
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2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label ‘4-C would indicate the third instance that the fourth
submittal has been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor’s letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number.
2) Number of complete sets.
3) Contractor’s certification statement. 4) Specification section number(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals)
6) Description of the contents of the submittals. 7) Identification of deviations from the contract documents.
When submitted for the Engineer’s review, Shop Drawings shall bear the Contractors certification that he has reviewed, checked, and approved the Shop Drawings and that they are in conformance
with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place
the following certification on all submittals:
“I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.
By: Title:
Date: -
Company Name: .-
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Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built”
record set of blue-line prints, which shall be corrected in red 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 Agency 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.
Payment for performing the work required by section Z-5.4 shall be included in various bid items and
no additional payment will be made therefor.
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2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The
Contractor shall not cover or disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or
a registered civil engineer authorized to practice land surveying within the State of California,
hereinafter surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Licensed Land Surveyor shall file corner record(s) as
required by QQ 8772 and 8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of pouring unless the Engineer shall approve otherwise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall
hire and pay for the services of a surveyor to perform all work necessary for establishing control,
construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional
services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident
on the site during all surveying operations and shall personally supervise and certify the surveying work.
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall
submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2” by 11”) paper. The field notes, calculations and data shall be clear
and complete with name of the Surveyor, the party chief, field crew members, preparer of the field
notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid,
computer program or documentation for any computer program. The field notes shall be prepared in
conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with Q§ 8700 - 8805 of the State of California Business and Professions Code when the surveyor performs any surveying that such map is required
under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor
shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are
J@ 6/7/99 Contract No. 36561 and 36591 Page 49 of 69 Pages
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permanent survey monuments. The Record of Survey shall show all monuments set, control
monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of
closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall
show the location and justification of location of all permanent monuments set and their relation to, the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval
before submittal to the County Surveyor and before submittal to the County Recorder.
2-10 AUTHORITY OF BOARD AND ENGINEER
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Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the agency, provide copies of
all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer
may request.
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Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its activities
and to contractually require all subcontractors to this contract to do the same. The Engineer shall
have the right to monitor, assess, and evaluate Contractor’s and its subcontractor’s performance
pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be
limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor’s staff and the staff of all subcontractors to the contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to
this contract, records with respect to all matters covered by this Contract and will permit the Engineer
to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters
covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all
subcontractors to this contract shall maintain such data and records for as long as may be required
by applicable laws and regulations.
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SECTION 3 -- CHANGES IN WORK
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3-3 EXTRA WORK. ,-
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3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity
of a minor bid item in excess of 25 percent of the original quantity bid adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original
quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent
may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
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3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor rates published therein are not a part of this contract.
a 6/7/99 Contract No. 36561 and 36591 Page 50 of 69 Pages
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3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and
replace with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits:
1) Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2) Materials . . . . . . . . . . . . . . . . . . . . . . , . . . . . . 15
3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15
4) Other Items and Expenditures . . 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractors actual
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and all
supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph
five (5) and add the following: The Contractor shall not be entitled to the payment of any additional
compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a
change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in
Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in
measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and
prior to the time that the Contractor performs the work giving rise to the potential claim. The
Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon
their discovery and before they are disturbed shall constitute a waiver of all claims in connection
therewith.
The Contractor shall provide the City with a written document containing a description of the particular
circumstances giving rise to the potential claim, the reasons for which the Contractor believes
additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-12655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government .Code sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.”
a 6ffl99 Contract No. 36561 and 36591 Page 51 of 69 Pages ’
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The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected
work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed
on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of
potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of
command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the disputed
work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the
City will, within 10 working .days of receipt of said claim or appeal of claim, review the Contractor’s
report and respond with a position, request additional information or request that the Contractor meet
and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of
its report. The Contractor may appeal each level’s position up to the City Manager after which
Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
G 6/7/99 Contract No. 36561 and 36591 Page 52 of 69 Pages
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(2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that “public work” does not include any work or improvement contracted for by the state or the
Regents of the University of California. (2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
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20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing
to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the
claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
e 617199 Contract No. 36561 and 36591 Page 53 of 69 Pages
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(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded
within 15 days from the commencement of the mediation unless a time requirement is extended upon
a good cause showing to the court or by stipulation of both parties. If the parties fail to select a
mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for
purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the
case of arbitration where the arbitrator, for good cause, determines a different division. In no event
shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorneys fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
SECTION 4 - CONTROL OF MATERIALS
4-l MATERIALS AND WORKMANSHIP.
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4-1.3.1 General, add the following: The .Contractor shall provide the Engineer free and safe access to any and all part of work at any time. Such free and safe access shall include means of
safe access and egress, ventilation, lighting, shoring dewatering and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
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Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such
information as may be necessary to keep the Engineer fully informed regarding progress and manner
of work and character of materials. Inspection of testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfil1 this Contract.
- 617199 Contract No. 36561 and 36591 Page 54 of 69 Pages
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third - sentence of the first paragraph.
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add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing materials and/or workmanship where the results of such tests meet or exceed the
requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time
during their preparation and use. If, after incorporating such materials into the Work, it is found that
sources of supply that have been approved do not furnish a uniform product, or if the product from
any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for
any other reason it shall be rejected, not incorporated into the work and shall be removed from the
project site all at the Contractor’s expense.
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Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. 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.
- 4-1.6 Trade names or Equals, delete the following phrase: “Unless otherwise authorized by the
Engineer, the substantiation of offers must be submitted within 35 days after the award of Contract.”
-- - Add the following: The Contractor is responsible for the satisfactory performance of substituted
items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in
performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the
originally specified item at no cost to the Agency.
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4-2 MATERIALS TRANSPORTATION, HANDLING & STORAGE. The Contractor shall order,
purchase, transport, coordinate delivery, accept delivery, confirm the quality and quality received,
prepare storage area(s), store, handle, protect, move relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only
during working hours, as defined in section 6-7.2 and shall be accompanied by bills of lading that
shall clearly state for each delivery: the name of the Contractor as consignee, the project name and
number, address of delivery and name of consignor and a description of the material(s) shipped.
Prior to storage of any materials which have been shipped to or by the Contractor to any location
within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly
_- state the term of the lease, the description of materials allowed to be stored and shall provide for the
removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, - damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance
to the requirements of this section, both within and outside the limits of work are a part of the Work.
The Engineer shall have the right to verify the suitability of materials and their proper storage at any - z time during the Work.
Add the following section:
6l7/99 Contract No. 36561 and 36591 Page 55 of 69 Pages
SECTION 5 -- UTILITIES
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5-l LOCATION. Add the following: The Agency and affected utility companies have, by a search of
known records, endeavored to locate and indicate on the Plans, all utilities which exist within the
limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Delete the first paragraph and substitute the following: In order to minimize
delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with
the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit
the portion of work affected by the utility. Such omission shall be for the Contractor’s convenience
and no additional compensation will be allowed therefor. The portion thus omitted shall be
constructed by the Contractor immediately following the relocation of the utility involved unless
otherwise directed by the Engineer. 4
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1
and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within -- 30 calendar days after receipt of the “Notice to Proceed”.
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Add the following section:
6-l .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s
responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction
meeting.
Add the following section:
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline
Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-l .3.3 Electronic Media.
Add the following section:
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required
to represent the complete performance of all project work as well as periods where work is precluded.
The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to
-- proceed and conclude with the date of final completion per the contract duration. The Baseline
6l7/99 Contract No. 36561 and 36591 Page 56 of 69 Pages
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Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage.
V- Add the following section:
6-l .2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the
Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram
showing all of the activities, logic relationships, and milestones comprising the schedule.
Add the following section:
.--- 6-l .2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity
the identification number, the description, the duration, the early start, the early finish, the late start,
the late finish, the total float, and all predecessor and successor activities for the activity described.
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Add the following section:
6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed by
the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities,
including submittals, interfaces between utility companies and other agencies, project milestones and
equipment and material deliveries. The number of activities will be sufficient, in the judgment of the
Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the
project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s
description shall accurately define the work planned for the activity and each activity shall have
recognizable beginning and end points.
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Add the following section:
6-l .2.6 Float. Float or slack time within the schedule is available without charge or compensation
to whatever party or contingency first exhausts it.
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Add the following section:
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
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Add the following section:
6-l .2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for default by Contractor, per section 6-4.
Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual timespan of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-l. The Engineer may choose to accept the Contractor’s
proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened
Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be
confirmed through the execution of a contract change order revising the project duration and
implementing all contractual requirements including liquidated damages in accordance with the revised duration.
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Add the following section: - 6-l-2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these special provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule
does not meet the requirements of these specifications the Contractor shall correct the Construction - Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to
obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor
complies with the requirements of these special provisions within thirty (30) working days after the
date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30
working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 5 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-l .2.10.1 through 6-l .2.10.3.
Add the following section:
6-l .2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-l .8.1.
Add the following section:
- 6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-l .8.1.
-L Add the following section:
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-l .8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The
Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract
under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are
not submitted as required hereinbefore and marked “Accepted” by the Engineer.
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later
than the fifth working day of the following month. The monthly update will be submitted on hard
(paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 61.2 through 6-
1.2.9 and 6-1.3.1 through 6-1.3.7.
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update.
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Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Engineer as complete for the activity.
- 6/7/99 Contract No. 36561 and 36591 Page 58 of 69 Pages
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,
with an explanation for each change.
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Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-l .4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and
return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per sections 6- 1.4.1 through 6-l .4.3. Any Updated Construction Schedule marked “Accepted with Comments” or
“Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the
Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly
updated construction schedule marked “Not Accepted”.
Add the following section:
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with section 6-1.8.2.
Add the following section:
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-l .8.2.
Add the following section:
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be
considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the
Contractor fails to submit the corrected Updated Construction Schedule as required herein the
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration,
the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent
“Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule.
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially
different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and
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6/7/99 Contract No. 36561 and 36591 Page 59 of 69 Pages
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explanation of each change made to the schedule. The Revised Construction Schedule will be .-.. submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment - provisions.
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Add the following section:
6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-l .3 Preparation of Schedule Updates and Revisions and 6-l.
4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is
required for completion of the project and release of any and all funds retained per section 9-3.2.
Add the following section:
6-l .l Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor.
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Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The Contractor shall start and complete the
Foxes Landing Sewer Lift Station force main prior to beginning any of the work on the Interstate 5, 16-
Inch waterline crossing.
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Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of (bi-weekly) Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractors Representative or any other employee or subcontractor or subcontractors employee at these
meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice
to the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice(s) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 144 working days after the starting date specified in the Notice to Proceed.
a 6/7/99 Contract No. 36561 and 36591 Page 60 of 69 Pages
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6-7.2 Contractor Restrictions and Coordination Issues - 1. For the Interstate 5, 16Inch Waterline Crossing Project, the Contractor shall only utilize the street designated as Mermaid Lane on City of Carlsbad Drawing 381-8 to assemble the carrier and I. casing pipe. On the final three days prior to pulling back the pipe into the bore, the Contractor will
be allowed to use Neptune Lane to finish full assembly of the pipeline and pressure test the
pipeline. 2. The Contractor shall only use the access off of Windrose Circle designated as Blue Dolphin Way
on City of Carlsbad Drawing 381-8 during construction of the Interstate 5, %-inch waterline. 3. The Contractor shall recertify the graded pads next to Mermaid Lane affected by construction of the Interstate 5, ISinch waterline.
4. The Contractor shall restore all improvements such as paving, curbs, gutters, landscaping, landscape and electrical service lines to their original condition. 5. Contractor shall take photos or a video tape of all areas of the Foxes Landing Sewer Lift Station
force main and Interstate 5, 16-Inch waterline areas affected by the construction of this project.
Photos or video tapes shall be approved by the Engineer prior to pipeline installations.
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6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the
hours of work shall be between the hours of 7:00 a.m. to dusk on Mondays through Fridays, 8:00 a.m.
to dusk on Saturdays excluding Sundays and Agency holidays. The Contractor shall obtain the
written approval of the Engineer if the Contractor desires to work outside said hours or at any time
during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to
such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work.
CI 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is completed
and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is - satisfied that all the materials and workmanship, and all other features of the Work, meet the
requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment,
- the Work has been completed and is ready for acceptance the Engineer will so certify to the Board.
Upon such certification by the Engineer the Board may accept the completed Work. Upon the
Boards acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of - the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any
faulty work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence
of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay
the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00)
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day
- is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not - constitute a waiver of this paragraph or of any damages.
6/7/99 Contract No. 36561 and 36591 Page 61 of 69 Pages
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
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7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that
have a rating in Best’s Key Rating Guide of at least A-:V and are admitted and 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. Add the following: All insurance is to be placed
with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies
issued by the State Compensation Fund meet the requirement for workers’ compensation insurance.
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7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as
specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way,
grading, resource agency and building permits necessary to perform work for this contract on Agency
property, in streets, highways (except State highway right-of-way), railways or other rights-of-way.
Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor
shall obtain and pay for all permits for the disposal of all .materials removed from the project. The
cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section: -- 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation
will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health
safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control
throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they
are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup, service,
meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor.
Contract No. 36561 and 36591 Page 62 of 69 Pages
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7-8.6 Water Pollution Control, Add the following: The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-08-DWG, NPDES General
Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity’.
Add the following section:
7-8.8 Noise Control. 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 the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417.
During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking
within an 800 foot distance from their homes or businesses.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the
residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the
other number shall be a 24 hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be precut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-l/2 inches by 8-l/2 inches and shall be brightly
colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb.
card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice
is provided in Appendix “A”.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices.
Contract No. 36561 and 36591 Page 63 of 69 Pages
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7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: At least 5
working days prior to closing, detouring, partially closing or reopening’any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 438-1161 X-4411
2) Carlsbad fire Department Dispatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 931-2197
3) Carlsbad Police Department Dispatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (769) 931-2197
4) Carlsbad Traffic Signals Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 438-2980 X-2937
5) Carlsbad Traffic Signals Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 438-1161 X-4500
6) North County Transit District . . . . . . . . . . . . . . . . . . . . . . . . . . . ,..,............. . . . . . . . . . . . . . . . (760) 743-9346
7) Coast Waste Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 929-9400
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7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of
Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the traffic
control system is damaged, displaced, or ceases to operate or function as specified, from any cause,
during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars
($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater.
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
2067.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 2145.l.et seq. All temporary reflective channelizers shall conform to the provisions of section 214-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship.
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the
Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic
cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or
covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the
sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractors employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at 7.6 m (25’) - 6J7J99 Contract No. 36561 and 36591 Page 64 of 69 Pages
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intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum
of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping
flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer.
- Add the following section:
7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (6’) nor
operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the 0.6 m
(2’) shall be measured from the closest approach of any part of the equipment as it is operated and/or
maneuvered in performing the work. This requirement may be waived when the Engineer has given
written authorization to the reduction in clearance that is specific to the time, duration and location of
such waiver, when such reduction is shown on the traffic control plans included in these contract
documents, when such reduction is shown on the traffic control plans prepared by the Contractor and
approved by the Engineer or for the work of installing, maintaining and removing traffic control
devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic,
adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide
barriers.
During the entire construction, a minimum of (insert appropriate number of lanes) paved traffic lanes,
not less than (insert appropriate minimum lane widths, eg. 3.6m (12’)) wide, shall be open for use by public traffic in each direction of travel.
Add the following section:
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7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
“Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these
Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
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When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
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7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
C 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
r- would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of -- the contract.
a 6i.7199 Contract No. 36561 and 36591 Page 65 of 69 Pages
SECTION 9 -- MEASUREMENT & PAYMENT
_- 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRlCE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S.
Standard Measures.
9-3 PAYMENT.
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9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of
Completion”.
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days
after the closure date. Five (5) working days following the closure date, the Engineer shall complete
the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days
of receipt of the progress estimate, submit a supplemental payment request to the Engineer with
adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines
that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and
properly submitted supplemental payment request from the Contractor. If payment of the undisputed
supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City 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.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will
a 617199 Contract No. 36561 and 36591 Page 66 of 69 Pages
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be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
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g-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the
written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a
written statement by the Contractor no later than the date of receipt of the final payment estimate.
Those final payment items disputed in the written statement required in subsection 93.2 shall be
submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials., The cost of materials and equipment delivered but not incorporated
into the work will not be included in the progress estimate.
Add the following section:
9-3.4.1 Mobilization and Preparatory Work., Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lump-sum price paid for mobilization shall not exceed twenty five thousand dollars ($25,000), and includes full
compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment
and incidentals, and for doing all the work involved in mobilization and preparatory work and
operations, including, but not limited to, those necessary for the movement of personnel, equipment,
supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which
must be performed or costs incurred prior to beginning work on various contract items on or off the
project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to
additional compensation for Mobilization and Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress
e 617199 Contract No. 36561 and 36591 Page 67 of 69 Pages
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work - will be allowed therefor.
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6/7/99 Contract No. 36561 and 36591 Page 68 of 69 Pages
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TECHNICAL SPECIFICATIONS
FOR
SPECIAL PROVISIONS
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TECHNICAL SPECIFICATIONS
SECTION TITLE
FOXES LANDING SEWER FORCE MAIN:
024 1 O-FM DIRECTIONAL DRILLING
02661 -FM SEWER FORCE MAIN PIPING AND ACCESSORIES
16” WATER LINE:
0241 O-W DIRECTIONAL DRILLING
02660-W PIPING, VALVES AND ACCESSORIES
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SECTION 0241 O-FM
PART I- GENERAL
1 .Ol DESCRIPTION
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Work to be performed under this section will be the construction of a 16-inch sewer force main
with 24-inch casing pipe crossing under the Interstate 5 Freeway by directional drilling. The
process of directional drilling begins with a small diameter pilot hole at the entry side of the
project. After the pilot string surfaces on the exit side, the pilot hole is enlarged by reaming and
the sewer force main casing is installed by pulling it back through the reamed hole.
A. The District is currently obtaining a Caltrans Encroachment Permit for construction of the
sewer force main under the Interstate 5 Freeway. The Contractor shall be responsible for
obtaining a Permit Rider from Caltrans prior to commencing construction. The Contractor
shall also coordinate a pre-construction meeting with Caltrans and the District, and pay for all
Caltrans inspection fees, including any pavement monitoring survey fees. All construction
work shall be in accordance with requirements of the Caltrans Permit. -
6. The pull-back method of directional drill trenchless technology construction shall be utilized to
install the sewer force main. The Contractor shall submit for approval by the District a
complete work methodology prior to commencing construction. Only workmen experienced in
the operation of directional drilling shall be used on the work.
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C. The 16-inch force main pipeline may be pulled back concurrently within the 24-inch casing
pipe, or jacked into place after the casing pipe is installed.
D. Directional drilling operations shall minimize impact on the environment and surroundings.
The contractor shall restore work sites to their original condition upon completion of all work
activities.
E. Contractor shall clear the easement area and temporary work space as shown on the
Drawings; provide materials, transport, connect bore pipe to existing pipe, install
appurtenances, test, and clean-up easement area and temporary ,work space. If additional
work space is needed it shall be the Contractor’s responsibility to obtain the necessary
permission and right of entry.
F. Contractor shall provide adequate security and shall be responsible for the integrity of the 24-
inch and 16-inch bore pipe sections until after the pull under the freeway has been completed.
Once the pullback has begun, it shall be continuous to full completion. Contractor shall
provide adequate support of the pipeline during the pullback to prevent damage to the
pipeline.
G. The directional drill crossing shall have a recorded profile upon completion. Information shall
be continually recorded throughout the drilling process by a surface computing system placed
behind the bit of the pilot string.
Directional Drilling 0241 O-FM-l 994656.00
Foxes Landing Sewer Force Main
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H. During actual directional drilling operations, the Contractor may work 8 hours per day,
between the hours of 8:00 AM to 8:00 PM, Monday through Saturday, or as required by the
Caltrans Encroachment Permit. The Contractor must obtain prior approval from the Principal
Inspector and Deputy City Engineer for extension of work beyond these prescribed hours.
The Principal Inspector and Deputy City Engineer reserve the right to rescind approval for
extension of work hours for any reason deemed necessary. The Contractor will be allowed an
extension of the work hours for pull back operations.
I. Noise suppression shall be practiced at all times to minimize disturbance to residents living
nearby, and to the general public. The measures to be used in effecting noise suppression
shall include (but are not limited to); equipping all internal combustion engines with critical
residential silencers (mufflers), shielding noise-producing equipment from nearest areas of
human occupancy by locating in such positions as to direct greatest noise emissions away
from such areas, installing sound barrier walls (blankets) around or partially around the drilling
sites, and conducting operations in the most effective manner to minimize noise generation
consistent with the prosecution of the Contract in a timely and economic manner.
PART 2 - MATERIALS
All materials shall be in accordance with Technical Specifications Section 02661-FM. The pipeline
installed by the directional drill method shall be continuous fusion welded HDPE pipe. The pipe
shall have a minimum working pressure rating of 160 psi. The pipe wall thickness shall be
adequate to restrain the maximum pulling force on the pipe during installation. The Contractor
shall submit wall thickness calculations for approval by the District prior to ordering the pipeline
materials.
PART 3 - EXECUTION
3.01 CONSTRUCTION PARAMETERS
The following construction parameters are established to help determine the acceptability of the
completed pipeline to the District:
A. Ground entry angle will be approximately 10 degrees from horizontal; ground exit angle shall
be 10 degrees, plus or minus 2 degrees.
B. Horizontal acceptable variances are plus or minus, ten (10) feet longitudinally and plus or
minus one (1) foot laterally from the plan alignment.
C. Vertical acceptable variances are plus or minus one (1) foot from the elevation centerline.
D. Minimum bending radius on the pipeline as it is pulled under the freeway shall be 500 feet.
E. Maximum spacing between support rollers during the pullback of the pipeline shall provide
adequate support to free the end of the pipe and prevent a cantilever effect.
F. A pipeline caliper pig will be run to check for pipe ovality or other abnormalities after the
freeway section of the pipeline has been installed.
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G. Out-of-round tolerance shall be limited to 3% of pipe diameter.
H. Pipeline shall be pressure tested in accordance with Technical Specifications Section 02661-
FM.
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3.02 INSTALLATION
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The equipment used in the directional drilling operation shall be optional with the Contractor;
however, the proposed equipment must be first approved by the District. Such approval shall in
no way relieve the Contractor of the responsibility for damages of any nature which might occur as
a result of the equipment used or of the responsibility of meeting the requirements of the
drawings, specifications, and other contract documents.
District inspectors shall have access at all times to any and all measuring or gauging devices used
for the bore, as well as any boring logs or records maintained by the Contractor.
Contractor shall use his best effort to install the pipeline freeway crossing in accordance with the
drawings, specifications, Caltrans Encroachment Permit, and other contract documents. Use of
his best effort shall include sealing and re-drilling all or any part of the pilot hole if the completed or
partially completed pilot hole is not in compliance with the drawings. Also in the event the pipeline
becomes lodged and cannot be pulled out of the drilled hole during installation, the Contractor
shall seal the pipeline and existing hole, and re-drill a pilot hole and again commence the pulling
of the pipeline. Cost of the pipeline portion not retrieved shall be borne by the Contractor.
In the event that during the course of the work the Contractor and the District agree that there
exists certain subsoil conditions or features which preclude the use of the directional drill method
of trenchless construction, then the Contractor shall be permitted to clean-up and abandon the job
site without receiving any compensation for work performed and the Contractor and the District
shall have no further obligation one to the other.
3.03 CONSTRUCTION SCHEDULE
Within ten (10) days after the District provides written notice to start work, the Contractor shall
furnish to the District’s inspector a construction schedule. The construction schedule shall be of
sufficient detail and format to justify completion of the work by the completion date set forth in the
contract documents. Thereafter, the Contractor shall furnish an updated construction schedule on
the 1st of each month and at other times of significant change, until the work is completed.
Construction of this portion of the project shall not exceed 90 calendar days.
3.04 SEQUENCE OF WORK
Two projects are being bid under this Contract; 1) the Foxes Landing Sewer Force Main, and 2)
the Interstate 5 16-Inch Water Line Crossing. In the event both projects are awarded,
construction of the Foxes Landing Sewer Force Main shall be completed before work commences
on the Interstate 5 ISInch Water Line Crossing. The Contractor shall obtain prior approval from
the Principal Inspector and Deputy City Engineer if simultaneous construction of both projects is
desired.
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3.05 TEMPORARY WORK SPACE
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The District shall provide temporary work spaces for construction activities on the east and west
side of the freeway. The Contractor is to provide means of ingress and egress to work sites at no
additional cost to the District. The Contractor shall be liable for damages to the work space area
from heavy trucks and equipment, The Contractor shall grade, furnish material as required, fill,
level, build access roads, and perform all other site work required to accomplish the work.
Contractors activities shall be strictly confined to the easement and temporary work spaces
shown on the Drawings. The Contractor shall obtain advance permission from landowner(s) for
any activity outside the easement and temporary work spaces and shall pay for any damages to
such areas.
3.06 FIELD SURVEYS
The Contractor shall furnish and set centerline stakes of the proposed pipeline (except the section
within Caltrans Right-of-Way) as shown on the alignment Drawings.
The Contractor shall furnish and set the construction stakes necessary to establish the location
and elevation of all facilities. The Contractor shall accomplish the work to comply with drawing
layout and grade elevations, and shall be responsible for conformity and agreement of the work
with the layout and elevations.
3.07 EASEMENTS
Easements allowed for construction will be as shown on the Drawings. All brush and other debris
caused by construction will be removed from the premises and disposed of legally. Restoration,
seeding, fertilizing and mulching of easement shall be done by the Contractor. No trees will be
removed without the District’s advance permission.
3.08 DISPOSAL OF DRILLING FLUIDS
The Contractor shall furnish portable fluid (mud) tanks on the east and/or west sides of the
freeway to contain all drilling fluids resulting from the freeway boring procedure; shall properly
dispose of all drilling fluids offsite, away from the freeway, at no additional cost to the District.
Drilling fluids shall be recycled during the operation of the directional drilling procedure, where
possible.
3.09 LAYOUT AREA
A layout area has been indicated on the drawings. The contractor may provide additional area or
another area for layout and pullback operations, if desired. However, the Contractor shall obtain
advance permission from landowner(s) for any activity outside the easement and temporary work
spaces (see paragraph 3.05) and shall pay for any damages to such areas. The Contractor shall
provide the District with right of entry to inspect the pipeline and pullback operations.
3.10 RESIDENT NOTIFICATION
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- The Contractor shall notify all adjacent residents before commencing construction. Residents
shall be notified of the construction and any obstructions to their access caused by construction, - including during the pull back operation.
- The Contractor shall prepare a Resident Notification Plan for submittal and approval by the
Deputy City Engineer before construction is to commence. Two resident notices shall be provided
in the plan; 1) a two-week advance notice, and 2) a two-day advance notice. The notification plan
submittal shall include copies of the notices to be delivered, and the methods of delivery.
3.11 SOIL CONDITONS
A soils report regarding the Foxes Landing Lift Station site has been prepared for the District by
Kleinfelder, Inc. dated 18 May 1999. The accuracy of the soils report is not guaranteed.
PART 4 - TESTING
4.01 TESTING
The Contractor shall hydrostatically test the pipeline after completion of the pullback operation in
accordance with Technical Specifications Section 02661-FM.
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SECTION 02661 -FM
SEWER FORCE MAIN PIPING AND ACCESSORIES
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PART 1 - GENERAL
1 .Ol DESCRIPTION
Work Included in this Section: Furnish and install all piping, including fittings, valves,
and accessories as shown on the Drawings, described in the Specifications and as
required to completely interconnect all piping for a complete and operable system.
1.02 QUALITY ASSURANCE
A. All materials and equipment furnished under this section shall: (1) be of a
manufacturer who has been regularly engaged in the design and manufacture of the
materials and equipment for at least 5 years; and (2) be demonstrated to the
satisfaction of the Engineer that the quality is equal to the materials and equipment
made by those manufacturers specifically named herein, if an alternate product
manufacturer is proposed.
B. Factory Quality Control: The Contractor shall test all products as required herein and
by the reference specifications.
C. Field Quality Control.
1. The District will:
a. Inspect field welds and test the welds if it is deemed necessary.
2. The Contractor shall:
a. Perform leakage tests.
b. Be responsible for the costs of additional inspection and re-testing by the
District resulting from non-compliance.
1.03 SUBMITTALS
A. Shop Drawings:
1. Layouts and Schematics: Submit detailed installation drawings of all piping and
connected equipment. The drawings shall include each pipe, all fittings, valves,
and other appurtenances (Product Review submittal).
2. Submit data to show that the following items conform to the Specification
requirements:
a. Pipe, fittings, and accessories.
b. Pipe wall thickness calculations for directional drill pull back.
c. Flexible couplings and flanged coupling adapters.
d. Restrained joints.
3. Submit certified test reports as required herein and by the referenced standard
specifications.
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- 1.04 POTHOLING (CHECK ON LOCATIONS)
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Do not prepare any shop drawings for, or make final order for, or design any pipe
materials for any particular section of pipeline until all utilities in that section of pipeline
have been exposed, and until such time as no interferences are found between said
existing utilities and the proposed pipeline alignment. If interferences are found in any
particular section of pipeline, do not prepare any shop drawings for, or make final order
for, or design any pipe materials for that particular section of pipeline until the pipeline
alignment has been modified by the Engineer to eliminate all such interferences.
1.05 APPURTENANCES
Provide all necessary assembly bolts, washers and nuts, thrust blocks, supports,
gaskets, flanges, and all other appurtenant items shown on the Drawings, specified or
required for the proper installation and operation of the piping, and devices included in
or on the piping, equipment, and piping accessories.
1.06 CONSTRUCTION PROCEDURE
A. Construction under this Contract involves expansion and/or modification of the existing
sanitary sewer system which must continue to provide service to all buildings during
construction.
B. Connection and utility changes must be programmed to provide the least possible
interruptions of service. Prior to any shutdown, all materials, fittings, supports,
equipment and tools shall be on the site and all necessary labor scheduled prior to
starting any connection work. The Contractor shall notify the District in writing at least
14 days in advance of any required shutdowns. In general, shutdowns shall not
exceed four hours in duration unless specifically authorized or indicated in the
suggested construction sequence. Shutdowns shall be scheduled during non-peak
hours of system operation from 2:00 AM to 6:00 AM. Coordinate all shutdowns with
CMWD Chief of Operations, Kurt Masser, (760)438-2722. Provide 72 hours advance
notice for all shutdowns. If a shutdown of more than four hours is required, the
Contractor shall submit a sewage hauling plan to the Engineer for approval.
C. All work under this Contract shall be conducted in a manner which will minimize
shutdowns, open roadways, or traffic obstructions caused by the construction.
Shutdowns causing damage to adjacent public and private property shall not be
permitted, and any damage resulting shall be the sole responsibility of the Contractor.
D. Planned utility service shutdowns shall be accomplished during periods of minimum
use. In some cases this will require night or weekend work, which shall be at no
additional cost to the District. The Contractor shall program his work so that service
will be restored in the minimum possible time, and shall cooperate with the District in
reducing shutdowns of the utility system to a minimum. No utility interruption will be
permitted without the prior approval of the Engineer.
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PART 2 - PRODUCTS
2.01 GENERAL
A. Pipe and valve sizes are nominal diameter unless otherwise noted.
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B. All materials delivered to the job site shall be new, free from defects, and marked to
identify the material, class, and other appropriate data such as thickness for piping.
C. Acceptance of materials shall be subject to strength and quality testing in addition to
inspection of the completed product. Acceptance of installed piping systems shall be
based on inspection and leakage tests as specified hereinafter.
D. Buried nuts and bolts for flanges and couplings shall be Type 304L stainless steel
unless otherwise specifically specified herein.
E. All ductile iron pipe and fittings shall be double wrapped with polyethylene, 16 MIL total. -
2.02 PIPING MATERIALS
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A. Pipe Designation: Piping materials are designated on the Drawings.
B. Pipe Systems: Each designation identifies not only the pipe itself, but the entire system
as well as including the associated fittings, appurtenances, and installation and test
procedures.
C. High Density Polyethylene Pipe:
1. Pipe: High Density Polyethylene (HDPE) pressure pipe, ductile iron pipe outside
dimensions. Pipe shall be UL’listed or Factory Mutual Approved, AWVVA C906, DR
value as shown on the drawings.
a. Pipe and fittings shall be made from virgin resins exhibiting a cell classification
of PE 345444C as defined in ASTM D3350 with an established hydrostatic
design basis of 1600 psi for water at 73 degrees F.
b. The resin shall be listed by the Plastic Pipe Institute.
2. Joints:
a. Pipe sections shall be joined by means of zero leak-rate heat-fusion, or
electrofusion, and approved mechanical joints.
b. Restrained Joints: mechanical joints using ductile iron clamp-on restraining
devices. Restraining devices shall be ductile iron with ductile iron or car-ten
rods and bolts. Pressure rating of at least 150 psi. EBBA Iron, Uni-Flange, or
equal.
3. Marking: Pipe markings shall include nominal size, OD base (ie: 16” ductile iron
pipe sizing, DIPS), dimension ratio, working pressure rating, AWWAC906,
manufacturer’s name, manufacturer’s production code including day, month, year
extruded, and manufacturer’s plant and extrusion line.
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PART 3 - EXECUTION
3.01 PIPING INSTALLATION
-- A. General Handling and Placing:
1. Exercise great care to prevent injury to or scoring of the pipe lining and coating, as
applicable, during handling, transportation or storage. Pipe shall not be stored on
rough ground and rolling of the pipe on the coating will not be permitted. Repair any
damaged pipe sections, specials, or fittings or replace at the direction of the
Engineer.
2. Inspect each pipe fitting, valve and accessory carefully before installation. Inspect
the interior and exterior protective coatings and patch all damaged areas in the field
or replace at the direction of the Engineer.
3. Place or erect all piping to accurate line and grade and backfill, support, hang, or
brace against movement as specified or shown on the Drawings, or as required for
proper installation. Remove all dirt and foreign matter from the pipe interior prior to
installation and thoroughly clean all joints before joining.
4. Use reducing fittings where any change in pipe size occurs. Bushings shall not be
used, unless specifically noted on the Drawings. Use eccentric reducing fittings
wherever necessary to provide free drainage of lines.
5. Connections between ferrous and non-ferrous piping and accessories shall be made
using a dielectric coupling, union, or flange.
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B. General Buried Piping Installation:
1. Trenching, bedding, and backfill for buried piping shall be as shown on the Drawings
and as specified.
2. Where no grade elevations are shown on the Drawings, buried piping shall have at
least three feet of cover.
3. Provide each pipe with a firm, uniform bearing for its full length in the trench except
at field joints. Do not lay pipe in water or when trench conditions or weather are
unsuitable for such work.
4. Protect buried piping against thrust by use of restrained pipe joints, or thrust blocks if
shown on the Drawings. Securely brace all exposed free pipe ends.
5. Do not pull bell and spigot, gasketed joints more than 75 percent of the maximum
deflection permitted by the pipe manufacturer.
C. Installation Specifics: The HDPE sewer force main shall be installed by directional drilling in accordance with Technical Specification Section 02410-FM.
3.02 CLEANING
Prior to testing, the inside of each completed pipeline shall be thoroughly cleaned of all
dirt, loose scale, sand and other foreign material. Cleaning shall be by sweeping,
flushing with water using an internal cleaning device or “pig” or blowing with compressed
air, as appropriate for the size and type of pipe. Flushing shall achieve a velocity of at
least 3 feet per second. The Contractor shall install temporary strainers, temporarily
disconnect equipment or take other appropriate measures to protect equipment while
cleaning piping. Cleaning shall be completed after any repairs.
Piping and Accessories 02661 -FM-4 994656.00
Foxes Landing Sewer Force Main
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- 3.03 FIELD TESTING
A. General: Perform leakage tests on all pipe installed in this project. Furnish all
equipment, material, personnel, test media and supplies to perform the tests and make
all taps and other necessary temporary connections. The test pressure, allowable
leakage and test medium shall be as specified. Perform leakage tests on all piping at a
time agreed upon and in the presence of the Engineer. The Contractor may purchase
water for construction, cleaning, and testing of the pipelines from the District at fire
hydrants designated by the District. At any connection to the District water system, the
Contractor shall provide an air-gap or reduced pressure backflow valve system to
prevent backflow into the water source.
B. Piping for Directional Drill: Perform the leakage test for the force main and casing
pipelines in the layout area before the pull under the freeway. Provide any necessary
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C. Accessories: It is the responsibility of the Contractor to block off or remove equipment,
valves, gauges, etc., which are not designed to withstand the full test pressure. -
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D. Testing Apparatus: Provide pipe taps, nozzles and connections as necessary in piping
to permit testing, addition of test media, and draining lines and disposal of water, as is
necessary. Plug these openings in a manner favorably reviewed by the Engineer after
use. Provide all required temporary bulkheads.
E. Correction of Defects: If leakage exceeds the allowable, repair or replace the
installation and repeat leakage tests as necessary until conformance to the leakage test
requirements specified herein have been fulfilled. All visible leaks shall be repaired
even if the pipeline passes the allowable leakage test.
F. Reports: Keep records of each piping test, including: 1. Description and identification of piping tested.
2. Test pressure.
3. Date of test.
4. Witnessing by Contractor and Engineer.
5. Test evaluation.
6. Remarks, to include such items as:
a. Leaks (type, location).
b. Repairs made on leaks.
Submit test reports to the Engineer.
G. Venting: Where not shown on the Drawings, the Contractor may install valved “TEES”
or corporation stops and saddles at high points on piping to permit venting of air. Valves
shall be capped after testing is completed.
H. Testing Specifics: Pressure Sewer Force Mains
1. Method: Standard Specifications for Public Works Construction (SSPWC),
Section 306-I .4.
2. Duration: Four hours.
3. Pressure: 120 percent of maximum operating pressure. 4. Medium: Water.
Piping and Accessories 02661 -FM-5 994656.00 Foxes Landing Sewer Force Main
5. Allowable Leakage: Leakage shall be defined as the.quantity of test medium
that must be added to the section of pipeline being tested to maintain the
specified test pressure for the specified test duration. Maximum allowable
leakage shall be as specified in SSPWC Section 306-I .4.
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END OF SECTION
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Piping and Accessories 02661 -FM-6 994656.00
Foxes Landing Sewer Force Main
SECTION 0241 O-W
DIRECTIONAL DRILLING
PART I- GENERAL
1 .Ol DESCRIPTION
Work to be performed under this section will be the construction of an l&inch (O.D.) water line
with 28-inch casing pipe crossing under the Interstate 5 Freeway by directional drilling. The
process of directional drilling begins with a small diameter pilot hole at the entry side of the
project. After the pilot string surfaces on the exit side, the pilot hole is enlarged by reaming and
the water line casing is installed by pulling it back through the reamed hole.
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A. The District is currently obtaining a Caltrans Encroachment Permit for construction of the
water line under the Interstate 5 Freeway. The Contractor shall be responsible for obtaining a
Permit Rider from Caltrans prior to commencing construction. The Contractor shall also
coordinate a pre-construction meeting with Caltrans and the District, and pay for all Caltrans
inspection fees, including any pavement monitoring survey fees. All construction work shall be
in accordance with requirements of the Caltrans Permit.
B. The pull-back method of directional drill trenchless technology construction shall be utilized to
install the water line. The Contractor shall submit for approval by the District a complete work
methodology prior to commencing construction. Only workmen experienced in the operation
of directional drilling shall be used on the work.
- C. The ISinch water pipeline may be pulled back concurrently within the 28-inch casing pipe, or
jacked into place after the casing pipe is installed.
- D. Directional drilling operations shall minimize impact on the environment and surroundings.
The contractor shall restore work sites to their original condition upon completion of all work
activities.
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- E. Contractor shall clear the easement area and temporary work space as shown on the
Drawings; provide materials, transport, connect bore pipe to existing pipe, install
appurtenances, test, and clean-up easement area and temporary work space. If additional work space is needed it shall be the Contractor’s responsibility to obtain the necessary
permission and right of entry.
F. Contractor shall provide adequate security and shall be responsible for the integrity of the 28-
inch and l&inch bore pipe sections until after the pull under the freeway has been completed.
Once the pullback has begun, it shall be continuous to full completion. Contractor shall
provide adequate support of the pipeline during the pullback to prevent damage to the
pipeline.
G. The directional drill crossing shall have a recorded profile upon completion. Information shall
be continually recorded throughout the drilling process by a surface computing system placed
behind the bit of the pilot string.
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H. During actual directional drilling operations, the Contractor may work 8 hours per day,
between the hours of 8:00 AM to 8:00 PM, Monday through Saturday, or as required by the
Caltrans Encroachment Permit. The Contractor must obtain prior approval from the Principal
Inspector and Deputy City Engineer for extension of work beyond these prescribed hours.
The Principal Inspector and Deputy City Engineer reserve the right to rescind approval for
extension of work hours for any reason deemed necessary. The Contractor will be allowed an
extension of the work hours for pull back operations.
I. Noise suppression shall be practiced at all times to minimize disturbance to residents living
nearby, and to the general public. The measures to be used in effecting noise suppression
shall include (but are not limited to); equipping all internal combustion engines with critical
residential silencers (mufflers), shielding noise-producing equipment from nearest areas of
human occupancy by locating in such positions as to direct greatest noise emissions away
from such areas, installing sound barrier walls (blankets) around or partially around the drilling
sites, and conducting operations in the most effective manner to minimize noise generation
consistent with the prosecution of the Contract in a timely and economic manner.
PART 2 - MATERIALS
All materials shall be in accordance with Technical Specifications Section 02660-W. The pipeline
installed by the directional drill method shall be continuous fusion welded HDPE pipe. The pipe
shall have a minimum working pressure rating of 200 psi. The pipe wall thickness shall be
adequate to restrain the maximum pulling force on the pipe during installation. The Contractor
shall submit wall thickness calculations for approval by the District prior to ordering the pipeline
materials.
PART 3 - EXECUTION
3.01 CONSTRUCTION PARAMETERS
The following construction parameters are established to help determine the acceptability of the
completed pipeline to the District:
A. Ground entry angle will be approximately 10 degrees from horizontal; ground exit angle shall
be 23 degrees, plus or minus 2 degrees.
B. Horizontal acceptable variances are plus or minus ten (10) feet longitudinally and plus or
minus one (1) foot laterally from the plan alignment.
C. Vertical acceptable variances are plus or minus one (1) foot from the elevation centerline.
D. Minimum bending radius on the pipeline as it is pulled under the freeway shall be 500 feet.
E. Maximum spacing between support rollers during the pullback of the pipeline shall provide
adequate support to free the end of the pipe and prevent a cantilever effect.
F. A pipeline caliper pig will be run to check for pipe ovality or other abnormalities after the
freeway section of the pipeline has been installed.
Directional Drilling 0241 O-W-2 994656.00 16-Inch Waterline l-5 Crossing
G. Out-of-round tolerance shall be limited to 3% of pipe diameter.
Directional Drilling
H. Pipeline shall be pressure tested and disinfected in accordance with Technical Specifications
Section 02660-W.
3.02 INSTALLATION
The equipment used in the directional drilling operation shall be optional with the Contractor;
however, the proposed equipment must be first approved by the District. Such approval shall in
no way relieve the Contractor of the responsibility for damages of any nature which might occur as
a result of the equipment used or of the responsibility of meeting the requirements of the
drawings, specifications, and other contract documents.
District inspectors shall have access at all times to any and all measuring or gauging devices used
for the bore, as well as any boring logs or records maintained by the Contractor.
Contractor shall use his best effort to install the pipeline freeway crossing in accordance with the
drawings, specifications, Caltrans Encroachment Permit, and other contract documents. Use of
his best effort shall include sealing and redrilling all or any part of the pilot hole if the completed or
partially completed pilot hole is not in compliance with the drawings. Also in the event the pipeline
becomes lodged and cannot be pulled out of the drilled hole during installation, the Contractor
shall seal the pipeline and existing hole, and re-drill a pilot hole and again commence the pulling
of the pipeline. Cost of the pipeline portion not retrieved shall be borne by the Contractor.
In the event that during the course of the work the Contractor and the District agree that there
exists certain subsoil conditions or features which preclude the use of the directional drill method
of trenchless construction, then the Contractor shall be permitted to clean-up and abandon the job
site without receiving any compensation for work performed and the Contractor and the District
shall have no further obligation one to the other.
3.03 CONSTRUCTION SCHEDULE
Within ten (10) days after the District provides written notice to start work, the Contractor shall
furnish to the Districts inspector a construction schedule. The construction schedule shall be of
sufficient detail and format to justify completion of the work by the completion date set forth in the
contract documents. Thereafter, the Contractor shall furnish an updated construction schedule on
the 1st of each month and at other times of significant change, until the work is completed.
Construction of this portion of the project shall not exceed 90 calendar days.
3.04 SEQUENCE OF WORK
Two projects are being bid under this Contract; 1) the Foxes Landing Sewer Force Main, and 2)
the Interstate 5 16-Inch Water Line Crossing. In the event both projects are awarded,
construction of the Foxes Landing Sewer Force Main shall be completed before work commences
on the Interstate 5 16-Inch Water Line Crossing. The Contractor shall obtain prior approval from
the Principal Inspector and Deputy City Engineer if simultaneous construction of both projects is
desired.
3.05 TEMPORARY WORK SPACE
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The District shall provide temporary work spaces for construction activities on the east and west
side of the freeway. The Contractor is to provide means of ingress and egress to work sites at no
additional cost to the District. The Contractor shall be liable for damages to the work space area
from heavy trucks and equipment. The Contractor shall grade, furnish material as required, fill,
level, build access roads, and perform all other site work required to accomplish the work.
Contractor’s activities shall be strictly confined to the easement and temporary work spaces
shown on the Drawings. The Contractor shall obtain advance permission from landowner(s) for
any activity outside the easement and temporary work spaces and shall pay for any damages to
such areas.
3.06 FIELD SURVEYS
The Contractor shall furnish and set centerline stakes of the proposed pipeline (except the section
within Caltrans Right-of-Way) as shown on the alignment Drawings.
The Contractor shall furnish and set the construction stakes necessary to establish the location
and elevation of all facilities. The Contractor shall accomplish the work to comply with drawing layout and grade elevations, and shall be responsible for conformity and agreement of the work
with the layout and elevations.
3.07 EASEMENTS
- ,. - Easements allowed for construction will be as shown on the Drawings. All brush and other debris
caused by construction will be removed from the premises and disposed of legally. Restoration,
seeding, fertilizing and mulching of easement shall be done by the Contractor. No trees will be
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3.08 DISPOSAL OF DRILLING FLUIDS
The Contractor shall furnish portable fluid (mud) tanks on the east and/or west sides of the
freeway to contain all drilling fluids resulting from the freeway boring procedure; shall properly
dispose of all drilling fluids offsite, away from the freeway, at no additional cost to the District.
Drilling fluids shall be recycled during the operation of the directional drilling procedure, where
possible.
3.09 LAYOUT AREA
A layout area has been indicated on the drawings. The contractor may provide additional area or
another area for layout and pullback operations, if desired. However, the Contractor shall obtain
advance permission from landowner(s) for any activity outside the easement and temporary work
spaces (see paragraph 3.05) and shall pay for any damages to such areas. The Contractor shall
provide the District with right of entry to inspect the pipeline and pullback operations.
3.10 RESIDENT NOTIFICATION
Directional Drilling 0241 O-W-4 994656.00 16-Inch Waterline l-5 Crossing
- The Contractor shall notify all adjacent residents before commencing construction. Residents
shall be notified of the construction and any obstructions to their access caused by construction,
including during the pull back operation.
The Contractor shall prepare a Resident Notification Plan for submittal and approval by the
Deputy City Engineer before construction is to commence. Two resident notices shall be provided
in the plan; 1) a two-week advance notice, and 2) a two-day advance notice. The notification plan
submittal shall include copies of the notices to be delivered, and the methods of delivery.
PART 4 - TESTING AND DISINFECTION
The Contractor shall hydrostatically test and disinfect the pipeline after completion of the pullback
operation in accordance with Technical Specifications Section 02660-W.
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Directional Drilling 0241 O-W-5 994656.00
16-Inch Waterline l-5 Crossing
SECTION 02660-W
PIPING, VALVES AND ACCESSORIES
PART I- GENERAL
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1.02
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B.
C.
DESCRIPTION
Work ‘Included in this Section: Furnish and install all piping, including fittings, valves,
and accessories as shown on the Drawings, described in the Specifications and as
required to completely interconnect all piping for a complete and operable system.
QUALITY ASSURANCE
All materials and equipment furnished under this section shall: (1) be of a
manufacturer who has been regularly engaged in the design and manufacture of the
materials and equipment for at least 5 years; and (2) be demonstrated to the
satisfaction of the Engineer that the quality is equal to the materials and equipment
made by those manufacturers specifically named herein, if an alternate product
manufacturer is proposed.
Factory Quality Control: The Contractor shall test all products as required herein and
by the reference specifications.
Field Quality Control. 1. The District will:
a. Inspect field welds and test the welds if it is deemed necessary.
b. Perform bacteriological analysis for pipelines to be disinfected.
2. The Contractor shall:
a. Perform leakage tests.
b. Be responsible for the costs of additional inspection and retesting by the District
resulting from non-compliance.
1.03 SUBMITTALS
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A. Shop Drawings:
1. Layouts and Schematics: Submit detailed installation drawings of all piping and
connected equipment. The drawings shall include each pipe, all fittings, valves, and other appurtenances (Product Review submittal).
2. Submit data to show that the following items conform to the Specification
requirements:
a. Pipe, fittings, and accessories.
b. Fitting, joint fabrication and handhole details
c. Pipe wall thickness calculations for directional drill pull back.
d. Flexible couplings and flanged coupling adapters.
- e. Restrained joints.
f. Valves.
g. Air release valves.
h. Pressure relief valves.
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1.06 CONSTRUCTIONPROCEDURE
A. Construction under this Contract involves expansion and/or modification of the existing
water system which must continue to provide service to all buildings during
construction.
B.
3. Submit certified test reports as required herein and by the referenced standard
specifications.
4. Resident Notification Plan
5. Disinfection Schedule and Procedures including:
a. “Normal” disinfection procedure.
b. Emergency disinfection procedure for mains and services which must be
returned to service immediately.
c. Disinfection schedule including number and type of services and length of disruption of service.
d. Disinfecting agent(s).
e. Method of disposal of chlorinated water.
Manuals: The Contractor shall furnish manufacturer’s installation and operation
manuals, bulletins, and spare parts lists for the following items:
1. All valves over 4-inch size.
2. Air release valves.
3. Pressure relief valves.
Affidavits: Submit affidavits from the manufacturer of the following valves and meters:
1. Butterfly valves.
2. Gate valves.
3. Air release valves.
4. Pressure relief valves.
POTHOLING (CHECK ON LOCATIONS)
Do not prepare any shop drawings for, or make final order for, or design any pipe
materials for any particular section of pipeline until all utilities in that section of pipeline
have been exposed, and until such time as no interferences are found between said
existing utilities and the proposed pipeline alignment. If interferences are found in any
particular section of pipeline, do not prepare any shop drawings for, or make final order
for, or design any pipe materials for that particular section of pipeline until the pipeline
alignment has been modified by the Engineer to eliminate all such interferences.
APPURTENANCES
Provide all necessary assembly bolts, washers and nuts, thrust blocks, supports,
gaskets, flanges, and all other appurtenant items shown on the Drawings, specified or
required for the proper installation and operation of the piping, and devices included in
or on the piping, equipment, and piping accessories.
Connections and utilities changes must be programmed to provide the least possible
interruptions of service. Prior to any shutdown all materials, fittings, supports, equipment and tools shall be on the site and all necessary labor scheduled prior to
Piping, Valves and Accessories 02660-W-2 994656.00
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starting any connection work. The Contractor shall notify the Engineer in writing at
least 14 days in advance of any required shutdowns. In general, shutdowns shall not
exceed four hours in duration unless specifically authorized or indicated in the
suggested construction sequence. Shutdowns shall be scheduled during non-peak
hours of system operation from 2:00 AM to 6:00 AM. Coordinate all shutdowns with
CMWD Chief of Operations, Kurt Masser, (760)438-2722. Provide 72 hours advance
notice for all shutdowns. If a shutdown of more than four hours is required, the
Contractor shall first install temporary water service connections to all affected houses
and other buildings. All temporary piping shall be disinfected in accordance with
Paragraph 3.06 before being put into service.
C. All work under this Contract shall be conducted in a manner which will minimize
shutdowns, open roadways, or traffic obstructions caused by the construction.
Shutdowns causing damage to adjacent public and private property shall not be
permitted, and any damage resulting shall be the sole responsibility of the Contractor.
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D. Planned utility service shutdowns shall be accomplished during periods of minimum
use. In some cases this will require night or weekend work, which shall be at no
additional cost to the District. The Contractor shall program his work so that service
will be restored in the minimum possible time, and shall cooperate with the District in
reducing shutdowns of the utility system to a minimum. No utility interruption will be
permitted without the prior approval of the Engineer.
-- PART 2 - PRODUCTS
2.01 GENERAL
A. Pipe and valve sizes are nominal diameter unless otherwise noted.
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B. All materials delivered to the job site shall be new, free from defects, and marked to
identify the material, class, and other appropriate data such as thickness for piping.
C. Acceptance of materials shall be subject to strength and quality testing in addition to
inspection of the completed product. Acceptance of installed piping systems shall be
based on inspection and leakage and bacteriological tests as specified hereinafter.
D. Buried nuts and bolts for flanges and couplings shall be Type 304L stainless steel
unless otherwise specifically specified herein.
E. Fusion Epoxy Coating: Materials and application shall be in accordance with AWWA
C213, except application shall be by the fluid bed method only unless the greatest
dimension of the article to be coated exceeds ten feet, in which case electrostatic spray
method may be used.
2.02 PIPING MATERIALS
A. Pipe Designation: Piping materials are designated on the Drawings.
Piping, Valves and Accessories 02660-W-3 994656.00 16-Inch Waterline l-5 Crossing
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B. Pipe Systems: Each designation identifies not only the pipe itself, but the entire system
as well as including the associated fittings, appurtenances, and installation and test
procedures.
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High Density Polyethylene Pipe:
1. Pipe: High Density Polyethylene (HDPE) pressure pipe, steel pipe outside
dimensions. Pipe shall be UL listed or Factory Mutual Approved, AWWA C906, DR
value as shown on the drawings.
a. Pipe and fittings shall be made from virgin resins exhibiting a cell classification
of PE 345444C as defined in ASTM D3350 with an established hydrostatic
design basis of 1600 psi for water at 73 degrees F.
b. The resin shall be listed by the Plastic Pipe Institute.
2. Joints: a. Pipe sections shall be joined by means of zero leak-rate heat-fusion, or
electrofusion, and approved mechanical joints.
b. Restrained Joints: mechanical joints using ductile iron clamp-on restraining
devices. Restraining devices shall be ductile iron with ductile iron or car-ten
rods and bolts. Pressure rating of at least 150 psi. EBBA Iron, Uni-Flange, or
equal.
3. Marking: Pipe markings shall include nominal size, OD base (ie: 18” steel pipe
sizing), dimension ratio, working pressure rating, AWWA-C906, manufacturer’s
name, manufacturer’s production code including day, month, year extruded, and
manufacturer’s plant and extrusion line.
D. Copper Pipe:
1. Pipe: Copper (Cu), ASTM B88, Type K.
2. Joints: Soldered using ASTM 832, alloy Sn96 or Sb5 solder, or flared.
3. Fittings:
a. Soldered: Wrought copper, ASTM B73 for materials and ANSI 816.22 for
dimensions; or cast bronze, ASTM B62 for materials and ANSI B16.18 for
dimensions.
b. Flared: AWWA C800 and ANSI B16.26.
E. Welded Steel (WS) Pipe
1. Pipe: Cement mortar lined steel cylinder pipe, AWWA C200 except as modified
herein. Pipe shall be cement mortar coated where buried, or if required elsewhere
by the Drawings or Specifications.
a. Dimensions: Nominal inside diameter shall be the minimum net inside clear
lined diameter.
b. Minimum Steel Cylinder Thickness: The pipe manufacturer shall design steel cylinder for pipe and fittings for the cover shown on the Drawings, in accordance
with AWWA Ml 1. The minimum cylinder thickness for pipe with welded joints
shall be 12 gage. Design criteria areas follow:
1) Superimposed External Load: AASHTO H20
2) Internal Pressure Including Surge Allowance: 150 psi.
3) Internal Negative Pressure: 15 psi.
4) Maximum Allowable Stress: 50 percent of minimum yield point, or 16,500
psi, whichever is less 5) Maximum Deflection Permitted: 2 percent
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6) For tapered sections, minimum cylinder thickness shall conform to the
requirements for the larger pipe diameter.
2. Joints:
a. Unrestrained: Gasketed bell and spigot Gaskets shall be oil and grease
resistant chloroprene with a minimum tensile strength of 2,000 psi. Coat
exposed steel with factory applied protective coating.
b. Restrained: Welded, except flanged where shown on the Drawings.
1) Welded joints shall be butt strap, split butt strap, or lap joint. Butt straps and
swaged joint details shall be submitted to the Engineer for favorable review.
Rolled lap joints will not be acceptable. The joint shall be designed to
withstand all loads associated with installation and operating conditions.
Joint configuration and welding shall conform to the requirements of AWWA
C206, except Section 6-2 testing, which is modified herein.
2) Provide special closure lap joints at approximately 500-foot intervals in
accordance with AWWA Cl 06.
3) For pipe less than 24-inch diameter, each joint shall be provided with a
handhole, located on the top of the pipe, large enough to permit patching the
lining. Handholes shall include a blind flange or threaded plug and shall be
painted with 10 to 12 mils of two-component, high solids epoxy.
4) Cement mortar lining shall be patched after joint testing and may be hand
applied. Conform to AWWA C205, Appendix A.
c. Bonding: Bond all joints except where insulated joints are called for on the
Drawings.
3. Lining: Cement mortar, 3/4-inch thick AWWA C205, except as modified herein.
Cement shall be Type II.
4. Coating: Cement mortar, 3/4-inch thick over the reinforcement, AWWA C205,
except as noted herein. Cement shall be Type II. Reinforcement shall be 7/32-inch diameter minimum rod, applied directly to the cylinder at no more than 2-inch
center-to-center spacing, except that welded wire mesh will be permitted on fittings
only over the dimensions defined by AWWA C208 for fittings.
5. Flanges: Steel ring flanges conforming to AWWA C207, Class E. Drilling shall be
Class E unless different drilling is required to match adjacent equipment or valves.
Welding shall conform to AWWA C207. The inside diameter of all flanges shall be
no more than 3/16-inch greater than the outside diameter of the steel cylinder.
Flanges shall be welded to the cylinder without warping and with flange face
perpendicular to the longitudinal axis of the cylinder. Where required, provide
special flanges to match and mate valves.
6. Factory Testing: Hydrostatic pressure tests shall be performed in accordance with
Section 3.4 of AWWA C200.
7. Marking: Cylinders and completed pipe and fittings shall be marked in accordance
with AWWA C200, Section 1.9. The manufacturer shall maintain records that
identify the cylinder used for all completed pipe and fittings. All invoices, test
results and other documentation required to be furnished to the Engineer shall
identify the cylinders and completed pipe and fittings by use of this marking system.
8. Protective Coating: Exposed steel at exterior of pipe, joints, handholes, flanges
and other locations shall be painted with 10 mils dry film thickness of high build
epoxy, Tnemec Series 104, or equal.
9. Interior Moisture Control: Maintain interior moisture and provide plastic end caps
during storage and transportation.
Piping, Valves and Accessories 02660-W-5 994656.00
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2.03 VALVES AND ACCESSORIES
A. General Requirements for Valves:
1. All valves of each type shall be the product of one manufacturer.
2. All valves shall be furnished with control assembly, operators, handwheels, levers, or
other suitable type wrench including handles as specified herein or as shown on the
Drawings.
3. All threaded stem valves shall open by turning the valve stem counter-clockwise.
4. The exterior of all valves and valve operators shall be painted with two coats of Tape
Coat Mastic; Protect0 Wrap CA1 180 Mastic; or equal, except where otherwise
indicated.
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B. Valves and Accessories:
1. Butterfly Valves:
E:
Rating: 150 psi water. Leaktight in both directions.
Type: Flanged body, or as shown on the Drawings, AWWA C504, geared
operator, resilient seated, 90 degree seating.
:: Connections: Flange, as shown on the Drawings. Materials: Cast iron body; cast iron or ductile iron disc with Ni-Chrome or Type
316 stainless steel edge; Type 304 stainless steel shaft; disc to be secured to shaft
with Type 304 stainless steel taper pins.
e. Operator: Traveling-nut type, 2-inch standard AWWA nut, designed for buried
service, watertight to 10 psi with extension stem as detailed on the Drawings.
Provide three valve operator tee handles to the District.
f. Valve Seat: Buna-N seat shall be applied to the valve body.
9. Bearings: Self-lubricating and corrosion resistant.
h. Finish: Internal, asphalt varnish in accordance with AWWA C504; external,
factory applied coal tar epoxy, 16 mils minimum thickness.
i. Manufacturers: Pratt Groundhog, equivalent by DeZurik, or equal.
2. Gate Valves:
a. Rating: 200 psi water
b. Type: Resilient seated, non-rising stem, AWWA C509, as modified herein
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Connection: Flanged, or as shown on the Drawings
Stem Seal: O-ring
;- Finish: Fusion epoxy
Manufacturers: American Darling CRS-80; equivalent by Kennedy; or equal.
3. Ball valves:
Z: Rating: 150 psi at 75°F. Service for hypochlorite solution
Type: Double Union
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Connection: Socket
Material: PVC body, teflon seats and Viton O-ring seals.
Manufacturers: R&G Sloan, Asahi/America Pro Block, or equal.
4. iir Release Valves (For Pipelines): Combination air release valves, APCO Model
143C; equivalent by Val Matic, or equal.
E: Materials: Cast iron body, Buna-N seat, and stainless steel float. Operating pressure: Under 150 psi
Piping, Valves and Accessories 02660-W-6 994656.00
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- PART 3 - EXECUTION
3.01 PIPING INSTALLATION
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A. General Handling and Placing:
1. Exercise great care to prevent injury to or scoring of the pipe lining and coating, as
applicable, during handling, transportation or storage. Handle fusion epoxy coated
pipe in accordance with AWWA C213. Pipe shall not be stored on rough ground
and rolling of the pipe on the coating will not be permitted. Repair any damaged
pipe sections, specials, or fittings or replace at the direction of the Engineer.
2. Inspect each pipe fitting, valve and accessory carefully before installation. Inspect
the interior and exterior protective coatings and patch all damaged areas in the field
or replace at the direction of the Engineer.
3. Place or erect all piping to accurate line and grade and backfill, support, hang, or
brace against movement as specified or shown on the Drawings, or as required for
proper installation. Remove all dirt and foreign matter from the pipe interior prior to
installation and thoroughly clean all joints before joining.
4. Use reducing fittings where any change in pipe size occurs. Bushings shall not be used, unless specifically noted on the Drawings. Use eccentric reducing fittings
wherever necessary to provide free drainage of lines.
5. Connections between ferrous and non-ferrous piping and accessories shall be made
using a dielectric coupling, union, or flange.
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B. General Buried Piping Installation:
1. Trenching, bedding, and backfill for buried piping shall be as shown on the Drawings
and as specified.
2. Where no grade elevations are shown on the Drawings, buried piping shall have at
least three feet of cover.
3. Provide each pipe with a firm, uniform bearing for its full length in the trench except
at field joints. Do not lay pipe in water or when trench conditions or weather are
unsuitable for such work.
4. Protect buried piping against thrust by use of restrained pipe joints, or thrust blocks if
shown on the Drawings. Securely brace all exposed free pipe ends.
C. Water Main Installation:
1. The Contractor is advised that precautions taken to keep the pipeline clean during construction will facilitate achieving the disinfection requirements of this project with
a minimum of effort and expense. Compliance with these suggested minimum
procedures will not relieve the Contractor of the disinfection requirements.
2. Prior to installation, thoroughly clean the interior of each length of pipe and each
fitting or valve and inspect to ensure that no foreign material remains. Cover both
ends with plastic and do not uncover them until just prior to completing the joint.
3. Whenever pipe laying is discontinued for short periods, or whenever work is stopped
at the end of the day, close the open ends of the pipe with watertight plugs or
bulkheads.
4. Provide adequate trench pumping to ensure against groundwater contacting the
inside of the pipeline at any time. Do not lower any pipe or fitting into a trench where
groundwater is present and may enter the pipe. When necessary, pump the water
from trenches and keep the trench dry until the joints have been completed and the
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open ends of the pipe have been closed with a watertight plug. Do not remove the
plug until the trench has again been pumped dry. 5. Keep new pipe sections clean and dry.
6. When making the connection between a new pipeline and an existing pipeline, or
when repairing a damaged pipe, take the following extra precautions:
a. Clean the exterior of the existing pipeline of all dirt and debris, and spray or
swab with a standard 5.25% or stronger chlorine solution (as specified) in the
immediate vicinity of the work. Clean equipment and materials, including new
pipe and fittings, to be used in making these connections of all dirt and debris
and disinfect them. Allow at least 30 minutes contact time for disinfection
before the chlorine solution is diluted or rinsed off. Provide sufficient trench
pumps to prevent flooding of the trench.
b. When an old line is opened, either by accident or by design, the excavation
may be wet or badly contaminated from groundwater. Apply liberal quantities of
standard chlorine solution or tablets to the open trench areas to lessen the
danger from such pollution. Tablets are recommended because they dissolve
slowly and continue to release hypochlorite as water is pumped from the
excavation. Scatter liberally around and locate the tablets so that flow entering
the work site will contact the disinfecting agent. Trench application should be
done very carefully to avoid contact by skin and clothing with chlorine solution.
Minimally, safety dictates wearing safety goggles and rain gear.
C. When excavating a leaking or broken pipeline, “valve-off” the system gradually
to less than water tightness. This is to prevent causing areas of zero pressure
which would allow entry of foreign material. A flow should be maintained which
is slightly less than trench pump capability. Once the break is exposed and
cleaned to disallow site contamination, the piping can then be made water-tight.
D. Installation Specifics:
1. Welded Steel Pipe:
a. Installation of pipe shall be similar to requirements of AWWA C600.
b. Field’welding of joints shall be in accordance with AWWA C206, except that the
weld testing shall be in accordance with these Specifications.
C. Following satisfactory testing of the weld, the interior of all welded joints shall
be cement mortar lined and the exterior of the joints shall be cement mortar coated in accordance with Appendix A of AWWA C205, except that pipe
24-inch and less shall be finished using the handhole. Prior to coating the
exterior, tack weld one layer of wire mesh to the pipe.
d. Steel edges not encased in concrete shall receive a protective coating.
2. HDPE Pipe: The HDPE water line shall be installed by directional drilling in
accordance with Technical Specification Section 02410. -
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3. Copper Pipe:
it:
Bends shall be made in a manner that does not crimp or flatten pipe.
Dielectric unions shall be installed at connections with ferrous piping.
a. Pipe shall have joints squarely cut clean, properly fluxed and heated before
solder is placed in the joint. Joints must be driven up tight before solder is
added. Compression and flared joints shall be made up in accordance
with the manufacturer’s instructions.
3.02 CLEANING
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Prior to testing, the inside of each completed pipeline shall be thoroughly cleaned of all
dirt, loose scale, sand and other foreign material. Cleaning shall be by sweeping,
flushing with water using an internal cleaning device or “pig” or blowing with compressed
air, as appropriate for the size and type of pipe. Flushing shall achieve a velocity of at
least 3 feet per second. The Contractor shall install temporary strainers, temporarily
disconnect equipment or take other appropriate measures to protect equipment while
cleaning piping. Cleaning shall be completed after any repairs.
3.03 FIELD TESTING
A. General: Perform leakage tests on all pipe installed in this project. Furnish all
equipment, material, personnel, test media and supplies to perform the tests and make
all taps and other necessary temporary connections. The test pressure, allowable
leakage and test medium shall be as specified. Perform leakage tests on all piping at a
time agreed upon and in the presence of the Engineer. The Contractor may purchase
water for construction, cleaning, testing and disinfection of the pipelines from the District
at fire hydrants designated by the District. At any connection to the District water
system, the Contractor shall provide an air-gap or reduced pressure backflow valve
system to prevent backflow into the water source.
B. Buried Piping: Perform the leakage test for buried piping after all pipe is installed and
backfilled. However, preliminary tests may be conducted prior to backfill. If preliminary
tests are conducted, provide any necessary temporary thrust restraint.
C. Accessories: It is the responsibility of the Contractor to block off or remove equipment,
valves, gauges, etc., which are not designed to withstand the full test pressure.
D. Testing Apparatus: Provide pipe taps, nozzles and connections as necessary in piping
to permit testing, addition of test media, and draining lines and disposal of water, as is
necessary. Plug these openings in a manner favorably reviewed by the Engineer after
use. Provide all required temporary bulkheads.
E. Correction of Defects: If leakage exceeds the allowable, repair or replace the
installation and repeat leakage tests as necessary until conformance to the leakage test
requirements specified herein have been fulfilled. All visible leaks shall be repaired
even if the pipeline passes the allowable leakage test.
F. Reports: Keep records of each piping test, including:
1. Description and identification of piping tested.
2. Test pressure.
3. Date of test. 4. Witnessing by Contractor and Engineer.
5. Test evaluation.
6. Remarks, to include such items as:
a. Leaks (type, location). b. Repairs made on leaks.
Submit test reports to the Engineer.
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G. Venting: Where not shown on the Drawings, the Contractor may install valved “TEES”
or corporation stops and saddles at high points on piping to permit venting of air. Valves
shall be capped after testing is completed.
H. Testing Specifics:
1. Water Transmission Mains:
E:
Method: AWWA C600, as modified herein.
Duration: Four hours.
C. Pressure: 150 psi measured at lowest point of section of pipeline being
tested.
d. Medium: Potable water.
e. Allowable Leakage: Leakage shall be defined as the quantity of test
medium that must be added to the section of pipeline being tested to
maintain the specified test pressure for the specified test duration.
Maximum allowable leakage shall be as specified in AWWA C600.
2. Copper and Galvanized Steel Pipe:
a. Duration: Four hours.
b. Pressure: 150 psi.
C. Medium: Water.
d. Allowable Leakage: None.
3.04 DISINFECTION OF POTABLE WATER SYSTEMS
A. Disinfect all water mains and interconnected piping after testing and before being placed
into service to ensure their bacteriological safety. Disinfection shall be accomplished
under the supervision of the Contractor by a person skilled and experienced in the
operation of water systems. Following disinfection and flushing, the Contractor shall
take water samples for bacteriological analysis of the water. If the specified
bacteriological requirements are not satisfied, the disinfection procedure must be
repeated until the requirements are met.
B. Mains:
1. Standard: AWWA C651 as amended herein. 2. Forms of Chlorine: Sodium hypochlorite or calcium hypochlorite.
3. Method: Continuous-Feed.
C. Chlorine Residual Testing: AWWA C651, Appendix A, DPD Drop Dilution Method,
except where otherwise specified.
D. Bacteriological Analyses of Water: After the completion of disinfecting procedure,
including the final flushing as described heretofore, the Contractor will obtain water
samples from this system for bacteriological analyses. Requirements for satisfactory
disinfection of water supply are that bacteriological analyses (Heterotrophic plate count)
indicate that water samples are negative for coliformnerogenes organisms, and that
total plate count is less than 100 bacteria per cubic centimeter. If bacteriological
analyses do not satisfy the above requirements, then disinfection procedure must be repeated until these requirements are met.
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- E. Disposal of Disinfection Solution: Dechlorinate and dispose of disinfection solution in
accordance with applicable regulations. Take care to assure that chlorinated water is - not spilled in drains.
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-. DOC z 2001-0044034
Recording requested by: ) JfW 25, 2001 2:33 PM
CITY OF CARLSBAD
When recorded mail to:
IFFICIAL REBRB SfW DIEGO EXWNTY RECORDER’S OFFICE lxEmRY ;$mH5 CCWTY RECORDER . . 0.00
City Clerk
City of Carlsbad 1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Space above this line for Recorder’s Use
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6. 7.
The undersigned is owner of the interest or estate stated below in the property hereinafter described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, 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 November 13, 2000.
The name of the contractor, if any, for such work of improvement is HMS Construction. 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 the Foxes Landing Sewer Lift Station 14-inch Force Main and Interstate 5, 16-inch Water Pipeline Crossing, Project No.
36561A & 36591.
8. The address of said property is within the limits of the City of Carlsbad.
Public Works Director/City Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
California, 92008; the City Council of said City on January 9 2001, accepted the
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 10 , 2001, at Carlsbad, California.
CITY QF CARLSBAD
* 4 6% 4 /~.O/~ I- 9 -0 ,