HomeMy WebLinkAboutMike Prlich & Sons Inc; 2003-08-07; 3874-1DOC # 2004-0933856
Recording requested by:
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) OCT 01,2004 8:25 AM )
When recorded mail to: 1
)
City Clerk ) FEES 0 00
CITY OF CARLSBAD
OFFICIAL RECORDS
GREGORY J SMITH, COUNT I' RECORDER 5PN DIEGO COUNTY RECORDER'S OFFICE
City of Carlsbad PAGES 1
apace at3ove 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 February
20, 2004.
The name of the contractor for such work of improvement is Mike Prlich and Sons, Inc.
The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the Rehabilitation of the North
Agua Hedionda Interceptor Sewer - Eastern Segment, Project No. 3874-1.
- CITY OF CARLSBAD
.--I--
GLENN PRUlM
Deputy Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, , 2004, accepted the California, 92008. The City Council of said City on
above described work as completed and ordered that a Notice of Completion be filed.
September 17
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 17 , 2004, at Carlsbad, alifornia. /5
17,376 Exh;br'C 3 4
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
Revised 07/29/02
PWSO3-24ENG
C!TY OF CARLSBAb -'-
CITY CLERKS OFFICE
Contract No. 3874-1 Page 1 of 76 Pages
. TABLE OF CONTENTS
Item Paqe
Notice Inviting Bids ........................................................................................................................ 1
.
Contractor’s Proposal .................................................................................................................... 8
Bid Security Form .......................................................................................................................... 13
Bidder’s Bond To Accompany Proposal ....................................................................................... 14
Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s
Bid Items’’ and “Designation of Owner Operator/Lessor and Amount Of Owner OperatodLessor
Work“ Forms ......................................................................................................................... 16
Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................ 18
Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work ............ 19
Bidder’s Statement Of Financial Responsibility ............................................................................ 20
Bidder’s Statement Of Technical Ability And Experience .............................................................
Bidder’s Certificate Of Insurance For General Liability. Employers’ Liability. Automotive
Liability And Workers’ Compensation ..........................................................................................
Bidder’s Statement Of Re Debarment ..........................................................................................
Bidder’s Disclosure Of Discipline Record .........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..............................
-
Contract Public Works ..................................................................................................................
Labor And Materials Bond ............................................................................................................
Faithful PerformanceNVarranty Bond ...........................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ......................................
21
22
23
24
26
27
33
35
37
.
Revised 07/29/02 Contract No . 3874-1 Page 2 of 76 Pages
SUPPLEMENTAL PROVISIONS .
Part 1 General Provisions
Section 1
1-1 1-2 1-3
Terms. Definitions Abbreviations And Symbols Terms .............................................................................................................................. Definitions ........................................................................................................................ Abbreviations ...................................................................................................................
40 41 41
Scope And Control Of The Work Subcontracts .................................................................................................................... Contract Bonds ................................................................................................................ Plans And Specifications ................................................................................................. Surveying .........................................................................................................................
Authority Of Board And Engineer ....................................................................................
Section 2
2-3
2-4 2-5 2-9 2-1 0
42 42
43 45 46
Section 3 3-2 3-3
3-4 3-5
Changes In Work Changes Initiated by the Agency ..................................................................................... Extra Work ....................................................................................................................... Changed Conditions ........................................................................................................ Disputed Work .................................................................................................................
Control Of Materials Materials And Workmanship ........................................................................................... Materials Transportation. Handling and Storage .............................................................
46 46 47 48
Section 4
4-1 4-2
50
51
Section 5
5- 1
5-4
Uti I i t ies Location ........................................................................................................................... Relocation ........................................................................................................................ 52 52
Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work .................................................... Delays And Extensions Of Time ...................................................................................... Time of Completion ......................................................................................................... Completion And Acceptance ........................................................................................... Liquidated Damages ........................................................................................................
Responsibilities Of The Contractor Liability Insurance ............................................................................................................ Workers' Compensation Insurance ................................................................................. Permits ............................................................................................................................
Cooperation and Collateral Work .................................................................................... Project Site Maintenance ................................................................................................. Public Convenience And Safety ...................................................................................... Laws To Be Observed .....................................................................................................
Section 6
6- 1 6-6 6-7 6-8
6-9
52
57 57 58 58
Section 7 7-3 7-4
7-5 7-7 7-8 7-1 0 7-1 3
58
58 58 59
59 59 62
Section 9
9-1
9-3
Measurement and Payment Measurement Of Quantities For Unit Price Work ........................................................... Payment ........................................................................................................................... 62
62
TECHNICAL SPECIFICATIONS
Epoxy Coating System for access Hole Rehabilitation ........................................
APPENDICES
65 09800
Appendix A Appendix B Residential Notification Example Project Plan Sheets (2 Total)
@ Revised 07/29/02 Contract No . 3874-1 Page 3 of 76 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 2:OO pm., on June 16, 2003, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-731 4, Attn: Purchasing Officer, by mail,
delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
opened and read, for performing the work as follows: Rehabilitate the access holes in the North
Agua Hedionda Interceptor Sewer- Eastern Segment.
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
This. bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the Engineering Department. The specifications for
the work include the Standard SDecifications for Public Works Construction, 2003 Edition, and the
supplements thereto, all hereinafter designated “SSPWC” as issued by the Southern California
Chapter of the American Public Works Association and as amended by the supplemental 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.
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.
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 (1 0) 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
$1 00,000 per contract.
e Revised 07/29/02 Contract No. 3874-1 Page 4 of 76 Pages
-
The documents which comprise the Bidder's proposal and that must be completed and properly
executed including notarization where indicated are:
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. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior 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 13.List of Material or Equipment Manufacturers
Form.
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
$270,000 (two hundred seventy thousand 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. 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. 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 classification is acceptable for this contract: "A", General Engineering.
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, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-731 4,
for a non-refundable fee of $30.00 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, no addition to, modification of
or interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
may rely on directions given by any agent, employee or 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.
a Revised 07/29/02 Contract No. 3874-1 Page 5 of 76 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
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 "duly authorized officer'' for the
purposes of section 41 07 and 41 07.5.
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 help at 9:00 a.m., May 21, 2003, at the City of
Carlsbad Engineering Department, 1635 Faraday Avenue, Carlsbad. A tour of the site will be
conducted as part of this meeting.
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.
-
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 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 ($5,000,000).
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 ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
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. -
If the bid is accepted, the City may require copies of the insurer's 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 insurer's receipt of a request to submit the statements. e Revised 07/29/02 Contract No. 3874-1 Page 6 of 76 Pages
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Beds 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 anv 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 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.
The award of the contract by the City Council 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, by Resolution No. 2003-108,
adopted on the 22"d day of April, 2003.
5/5/03
Date deputy City Clerk
Revised 07/29/02 Contract No. 3874-1 Page 7 of 76 Pages
Jun 09 03 03:50p Motherhead 7149657557 P-6
CITY OF CARLSBAD
-.
--
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
CONTRACTOR’S PROPOSqL
City Council
City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, California 92008
1
The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Speciflcations, Supplemental 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. 3874-1 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
SCHEDULE “A”
Item - No.
1
2
3
Approximate Quantity Unit
Description and Unit - Price
All work required for 9EA $.5,5b0 rehabilitation of accessholes .-.
468-#66 at
Dollars Each
All work required for - 32EA $3b7&- Rehabilitation of accessholes
All #s #25-#57 at
Dollars Each
Extended 5 year Warranty at ~L.s. $ f$@” $ ~QQ
Dollars Each
-. .. a Revised 07/29/02 Contract No. 3874-1 Pano A nf 7R Panoe
Jun 09 03 03:SOp Motherhead 7149657557 P. 7
--
Item - No.
4
Description
Traffic control at
Approximate Quantity Unit
and Unit Price - Total -
Dollars (Lump $urn)
Total amount of bid in numbers for Schedule "A":
Price@) given above are firm for 90 days after date
Addendum(a) No@). -k 3 hashave been received and idare 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 capacity of a contractor within the State f California, validly licensed under license number 76 0 U-N which expires on 3-30 - CL- , and that this statement is true and correct and has the legal effect of an affidavit.
, classification K
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 9 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 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council 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, 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.
OPENED, WiTNESSED AND RECORDED:
a Rnvinsd 07/29/02 Contract No. 3874-1 Page 9 of 76 Pages
License Detail
California Home
Page 1 of 2
Monday, June 16,2003
License Detail CALIFORNIA CONTRACTORS S TATE LICENSE BOARD
Contractor License # 760474
DISCLAIMER A license status check provides information taken from the CSLB license data base.
Before relying on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 71 24.6). If this entity is
subject to public complaint disclosure, an icon will appear below. Click on the
icon to obtain additional complaint information.
Per B&P 7071.17, only construction related civil judgments known to the CSLB are disclosed.
Arbitrations are not listed unless the contractor fails to comply with the terms of
the arbitration.
Due to workload, there may be relevant information that has not yet been entered
onto the Board's license data base.
Extract Date: 06/16/2003
* * * Business Information * * *
MIKE PRLICH & SONS INC
9316 KLINGERMAN AVENUE
Business Phone Number: (323) 283-2852
' EL MONTE, CA 91733
Entity: Corporation
Issue Date: 03/16/1999 Expire Date: 03/31/2005
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
IlCIassll DescriDtion II lb IIGENERAL ENGINEERING CONTRACTOR11
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 8085885 in the amount of $7,500 with the bonding company
FIDELITY & DEPOSIT CO OF MARYLAND.
Effective Date: 02/02/1999
-
6/16/2003
License Detail Page 2 of 2
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO)
MICHAEL ANTHONY PRLICH certified that he/she owns 10 percent or more of the
voting stocWequity of the corporation. A bond of qualifying individual is not required. Effective Date: 03/16/1999
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND Policy Number: 046-000881 6 Effective Date: 01/01/2000 Expire Date: 01/01/2004
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
0 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy
61 1 6/2oO3
,-
Personnel List Page 1 of 1
California Home Monday, June 16,2003
Personnel Est CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 760474
Click on the person's name to see a more detailed page of information on that person.
Name
MICHAEL ANTHONY
PRLICH
PETER ANTHONY
SEDARUSICH
Association Disassociation More Title Date Date Class
RMO/P 03/16/1999
S/T 03/16/1999
A
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
8 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy
http://www2. c slb. c a. gov/CSLB-LIBRARY/Personnel+Li s t . asp?LicNum=760474 6/16/2003
P* 8 Jun 09 03 03:SOp Motherhead 7149657557
Accompanying this proposal is ' EcL ' 'Da (Cash, Certified Check, Bond or
Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for 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
(2) Signature (given and surname) of proprietor
-
- (3) Place of Business
(Street and Number)
City and State -
- (4) Zip Code Telephone No.
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)
(3) Place of Business
(Street and Number)
City and State
-
(4) Zip Code Telephone No.
Contract No. 3874-1 Page 10 of 76 Pages
Jun 09 03 03:51p Motherhead 7149657557 P.9
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted MIKEPRLICH ANDSONSINC.
d,- 1'3 -0 3
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of Lpt
(5) Zip Code Telephone No.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED
I
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:
PETER SERDARUSICH
I AvH
Contract No. 3874-1 Page 11 of 76 Pages .
State of California
County of Los Angeles
On 6 *\ 3 , 2003 , before me, Patricia A. Pankopf, Notary Public personally
appeared, Michael A. Prlich personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
A
,- Patricia A. Pankopf, Notary Public
Jun 09 03 03:51p
-
Stop Leak Repair Mortar
Restoration Mortar
Motherhead
Sl%e Ql4
S& I? 3
7149657557
LIST OF MATERIAL AND EQUIPMENT
MANUFACTURERS FORM
p. 10
The undersigned Bidder understands and agrees that the Owner will consider this Bid incomplete and unresponsive unless the Bidder names a manufacturer for each item of equipment in the following list. Not more than one manufacturer shall be named for each item of equipment.
The undersigned Bidder hereby agrees that, after submission of this Bid, helshe will not make any
change in the following listing of manufacturers and will not award a contract or agreement of any kind to a manufacturer not listed below for the listed items of equipment unless such change, award,
or agreement is first approved in writing by the Owner according to the provisions of the Contract Documents pertaining to substitutions and equals. The manufacturers named below produce the listed items of equipment which comply with the requirements of the Contract Documents, and the
undersigned Bidder will furnish and install the complying equipment of the manufacturers named in the following list.
SCHEDULE OF MANUFACTURERS
e Revised (17/29/02
-. -~~~
Cnntrnct Nn RR7A-1 Pnn~ 17 nf 76 Panes
Juri 09 03 03:51p Motherhead 7149657557 p. 11
BID SECURITY FORM
(Check to Accompany Bid)
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
- (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 a contract and furnish the required
within the stipulated this check shall also within the period of required by law, and
/*,
*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.) -
- @ Revised 07/29/02 Contract No. 3874-1 Page 13 of 76 Pages
BIDDER'S BOND TO ACCOMPANY PROPOSAL
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and 1
as Surely are held and firmly bound unto the City' of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bld amount) for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDlTlON OF THE FOREGOiNG OBLIGATION IS SUCH that if bounden Principal for.
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
the proposal of the above-
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified 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 forfeited to the said City.
... ...
..I ... ... ... .. * . ..
.I. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Contract No. 3874-1 Page 14 of 76 Pages
.-
I
In 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.
Executed by PRlNClPAL this day of 120-a
PRINCIPAL: Executed by SURETY this day
of I ZO-. (name of Principal) By: SURETY:
(sign here)
(print name here) (name of Surety)
(Title and Organization of Signatory)
By:
(address of Surety)
(telephone number of Surety) (sign here)
(print name here)
(title and organization of signatory)
(Attach corporate resolution sh
(Proper notarial acknowledgm
(President or vice-president a one officer signs, the corpo
secretary under corporate se
APPROVED AS TO
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
Contract No. 3874-1 Page I5 of 76 Pages
--. -.. 66/13/2883 14: 66 8183485472
..
I-
L C\ %CESS
BIDDER'S BONO TU ACCOMPANY PROPOSAL
-.. . -. ... - .. ... ... ..*
. .. .. ...
..I
.-. .-. ...
. ., . .. -..
.I.
%/13/2003 14: 06 83133485472 L 13 XCESS PAGE 02/02
Company Profile Page 1 of 2
-
Company Profile n
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND
1400 AMERICAN LANE, 19TH FLOOR TOWER 1
SCHUAMBURG, IL 60196-1056
800-382-2 150
Agent.for Service of Process
ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA,
Unable to Locate the Agent for Service of Process?
CA 91 101-ooOO
Reference Information
NAIC #: 39306
NAIC Group #: 0212
California Company ID #: 2479-4
Date authorized in California:
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: MARYLAND
January 01,1982
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
CREDIT
FIRE
LIABILITY
MARINE
MISCELLANEOUS
http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof_utl.get_co~prof?p_EID=62 ... 6/16/2003
Company Profile Page 2 of 2
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
ComDosite Complaint Studies
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Financial Rating Organizations
Last Revised - May 21,2003 10:24 Ah4
Copyright Q California Department of Insurance
Disclaimer
http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof_utl.get_co~prof?p_EID=62 ... 6/16/2003
,/- Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, ITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the B h are set forth on the reverse
side hereof and are hereby certified to be in full force and effec ereby nominate, constitute and
appoint C. MICHAEL HENLEY, of Canoga Park, Califo nt and Attorney-in-Fact, to make,
execute, seal and deliver, for, and on its behalf as surety, all bonds and undertakings and
the execution of such bonds or undertakings in pursuance ding upon said Company, as fblly
and amply, to all intents and purposes, as if they had bee wledged by the regularly elected officers
of the Company at its office in Baltimore, Md., in power of attorney revokes that issued on
behalf of C. MICHAEL HENLEY, dated May 15,l
The said Assistant Secretary does hereby certi the reverse side hereof is a me copy of Article VI,
Section 2, of the By-Laws of said Company, and
IN WITNESS WHEREOF, the said Vic t Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDE MPANY OF MARYLAND, this 14th day of January,
A.D. 2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: &-
T. E. Smith Assistant Secretary Paul C. Rogers Vice President
State of Maryland ss:
On this 14th day of January, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affied to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
City of Baltimore I
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 012-4874
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
I
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto.”
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affued.”
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
-
Assistant Secretary
Stah of California
County of Cas Angelcs
On,
personally appeared C. Michael Henley who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the
instrument.
-/4 43 before me, Veronica Lynn Sognalan, Notary Public,
WITNESS my hand and official seal.
Notary Public u w
State of California
County of Los Angeles
On L-\3- , 2003 , before me, Patricia A. Pankopf, Notary Public personally
appeared, Michael A. Prlich personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
h
-A*-*-.- -
Patricia A. Pankopf, Notary Public
MlKE PRliCH & SONS, INC.
..
93 16 Klingemnn Street
South El Monte, California 91733
Tel: (323') 283-7852
LI C . H760474
RESOLUTION BY
THE BOARD OF DIRECTORS
OF
MIKE PRLICH AND SONS, INC.
WHEREAS, The undersigned being all of the directors (or a majority) of the
above-named corporation, hereby individually and collectively consent to. the
following resolution: .
RESOLYED, That any one or more of the following offlcers of thls Corporation r is hereby authorized to enter into any contract or execute any instrument in
the name of and on behalf of the corporation. Such power is general
MICHAEL A. PRLICH - PRESIDENT
PETER A. SERDARUSICH - SECRETARY/TREASURER & CHIEF
FINANCIAL OFFICER
RESOLVED FUTHER, That any of the above officers of this Corporation is hereby
authorized to execute any documents or instrument on behalf of the Corporation.
The undersigned, being all of the directors (or a majority) of this Corporation,
hereby odopt and consent to the foregoing resolution in lieu of a meeting.
, I hereby certify that this is a true copy of the
original document.
Jun 09 03 03:52p Motherhead 7149657557
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS'
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner OperatorlLessor
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the
Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineel", "Subcontractor" and "Work" and the definitions in section 1-2 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 these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. 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 by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's 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 or Owner OperatodLessor who the Bidder proposes to perform work or labor or render
service in or about the work or improvement, and every subcontractor or Owner OperatorRessor
licensed as a contractor 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 of one-half of one percent (0.5%) of the Bidder's total bid or ten
thousand dollars ($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work,. Additional copies of the forms must be attached if required to accommodate the Contractor's decision to use more than one Subcontractor or Owner OperatorlLessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder's 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 Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner OperatordLessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead 8, Profit' or 'I Amount of Owner OperatorLessor Bid Item Including Owner
Operator/Lessor's 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 Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner OperatodLessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner OperatodLessor installs to compute the amount of work so installed. a Revised n7t?~tn2 Contract No. 3874-1 Page 16 of 76 Pages
p. 14
Jun 09 03 03:53p Motherhead 7149657557
,-
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 Operatorkessor installed bid item that is supplied by the Bidder shall be
included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner OperatodLessor installing said item.
The item number from the "CONTRACTOR'S 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 page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.
- When the Bidder proposes using a subcontractor or owner operatodlessor 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 OperatodLessor 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 OperatodLessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final.
_-
-
- a Revised 07/29/02 Contract No. 3874-1 Page 17 of 76 Pages
p. 15
Jun 09 03 03:53p Motherhead
-
7149657557
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABlLlTATlON
EASTERN SEGMENT
CONTRACT NO. 3874-1
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor 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 41 00 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 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 subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor:
Subcontractor's Location of Business
Street Address
city State ZIP
'Subcontractor's Telephone Number including Area Code: [ I .
*Subcontractor's California State Contractors License No. and Classification:
*Subcontractor's Carlsbad Business License No.:
SUBCONTRACTOR'S BID ITEMS'
ExplanatioQ: Column 1 - Bid item No. from the bid DroDosal. Dams 8-9. inclusive. Column 2 - The dollar amount of the item to be peaormed by the Subcontractor. Column 3 - The dollar amount of the item to be parformed by Contractots own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on 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 8-9, inclusive.
Page of pages of this Subcontractor Designation form
' Pursuant to secllon 4104 (a)(2)(A) Califomla Public Contract Code, receipt of the potlions of the information preceded by an asterisk
required on this document may be submined by the Bidder up lo 24 hours aRer the deadline for subrnilting bids contained in the "Notlce Inviting Bids."
p. 16
Contract NO. 3874-1 Page 18 of 76 Pages
Jun 09 03 03:54p Motherhead
-
7149657557
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK
NORTH AGUA HEDIONDA INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
p. 17
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 OperatodLessor 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 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/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name:
Owner Operator/Lessor Location of Business Street Address
City State Zip
*Owner Operator/Lessor Telephone Number including Area Code: ( -
*Owner Operator/Lessor City of Carlsbad Business License No.:
OWNER OPERATOWLESSOR WORK ITEMS
ExDlanabon: Column 1 - Bid Item No. from the bid proposal, pages 8-9, inclusive. Column 2 -The dollar amount of the item to be performed by the Owner OperatodLessor. Column 3 - The dollar amount of the item to be performed by Contractots own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner OperalorRessor's forces on 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 8-9, inclusive.
Page of pages of this Owner Operator/Lessor form
--
Pursuant lo secllon 4104 (a)(2)(A) California Public Contract Code, recelpt of the podions of the information preceded by an asterisk
required on lhis document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the 'Notice lnvitlng Blds."
e w Elmticod n7/39/n3 Cnntract No. 3874-1 Paae 19 of 76 Paqes
Jun 09 03 03:54p Motherhead 7149657557
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
e
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
p. 18
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
IC
Contract NO. 3874-1 Page 20 of 76 Pages
Jun 09 03 03:54p Motherhead 7149657557 p. 19
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
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 hidher responsibility, experience and skill. An attachment can be used. .
I
Contract No. 3874-1 Page 21 of 76 Pages
7149657557 Jun 09 03 03:55p Motherhead
BIDDER'S CERTIFICATE OF INSURANCE FOR
p. 20
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
NORTH AGUA HEDIONOA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability
2) Statement with an insurance carrier's notarized signature slating 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, Automobile Liability, Workers Compensation and Employer's
Liability 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: Meet the. conditions stated in The Notice inviting Bids, the Standard Speclfications for Public
Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes. 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.
Paae 22 ol76 Paws
PRODUCER M W R INSURANCE SERVICES 51 E. HUNTINGTON DRIVE ARCADIA CA 91006 _-
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
..
.
I i _- ~~ -
L AGGREGATE LIMIT APPLIES PER:
_I _1
INSURED INSURER A: Greenwich Insurance Company
MIKE PRLICH 81 SONS, INC. INSURERB: - 9316 KLINGERMAN AVE. SOUTH EL MONTE CA 91733 -
_..
I INSURER E:
~-
ALL OWNED AUTOS
SCHEDULED AUTOS
POLICY EFFECTIVE DATE fYWDDIyVl NSFI TYPE OF INSURANCE POLICY NUMBER
1,000,000 I 1 AUG103 ~ AUG 1 04 i COMBINED SINGLE LIMIT
~ AEC001251001 I (Ea accident)
LIMITS POLICY EXPIRATION
DATE fMMIDDNY)
1 I
LTFl
A
BODILY INJURY (Per person)
AUG 1 03 1 AUG 1 04 EACHOCCURRENCE 5 2,000,000
$ 300,000
MED EXP (Any One Person) 5 10,000
PERSONAL & ADV INJURY 5 1,000,000
~
PIE- DAMAGE TO RENTED
___
1 GEC001251101 I
GENERAL LIABILITY x COMMERCIAL GENERAL LIABILITY I CLAIMSMADE 14 OCCUR
I ~
BODILY INJURY (Per accident)
PRODUCTS-COMPiOP AGG. 5 2,000,000
I1 I I I I
I I AUTO ONLY - EA ACCIDENT 15 I GARAGE LIABILITY
RETENTION 5
1 H ANYAUTO
5
OTHER THAN EAACC
AUTO ONLY: .^^ c
WORKERS COMPENSATION AND EMPLOYERS' LIABILITY
ANY PROPRIETOFUF'ARTNEFLEXECUTIVE OFFICEWMdABER EXCLUDED?
n yes, d..crib. SPECIAL PROVISIONS b.kw
OTHER
I
1
EXCESS I UMBERELLA LIABILITY I
OCCUR c] CLAIMSMADE t DEDUCTIBLE
WC STATU j TORY LIMITS ~
1 OTHER
E L EACH ACCIDENT 5
E L DISEASE-EA EMPLOYEE 5
E L DISEASE POLICY LIMIT 5
~~~
I CERmCAm -D
EACH OCCURRENCE 15
AGGREGATE IO
9. /-
ENDORSEMENT #I I
This endorsement, effective 1201 a.m., 8/1/03 forms a part of Policy No.
GECOO1251101 issued to MIKE PRLICH & SONS, INC. by Greenwich Insurance
Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY
PRIMARY INSURANCE CLAUSE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERICAL GENERAL LIABILITY COVERAGE PART
It is agreed that to the extent that insurance is afforded to any Additional Insured under
this policy, this insurance shall apply as primary and not contributing with any insurance
carried by such Additional Insured, as required by written contract.
All other terms and conditions of this policy remain unchanged. -
/ (Authorized Representative)
- GENLI 57 (7/99)
KlNB 04/18/2003
POLICY NUMBER: GECOOl251101 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-OWNERS, LESSEES OR
CONTRACTORS (Form B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY
SCHEDULE
Name of Person or Organization; CITY OF CARLSBAD FINANCE DEPT. 1635 FARADAY CARLSBAD, CA. 92008
(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 include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by
or for you
RE: REHABILITATION OF NORTH AGUA HEDIONDA INTERCEPTOR SEWER - EASTERN SEGMENT, PROJECT NO. 3874-1. THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED AS RESPECTS TO LIABILITY ARISING OUT OF THE NAMED
INSUREDS' OPERATIONS
CG 20 10 11 85 - Copyright. Insurance Services Office, Inc., 1984
Certificate # 19023
I POLICY NUM9E.R: - GEC00125110~ CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY
WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE
"BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR AGREEMENT.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY above because of payments we make for injury or AGAINST OTHERS TO US Condition (Section IV - damage arising out of your ongoing operations or "your COMMERCIAL GENERAL LIABILITY CONDITIONS) is work" done under a contract with that person or amended by the addition of the following: organization and included in the "products-completed We waive any right of recovery we may have against the operations hazard." This waiver applies only to the person or organization shown in the Schedule person or organization shown in the Schedule above. .-
,-
CG 24 04 IO 93 Copyright, Insurance Services Office, Inc., 1992
CERTHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
CO M PEN SAT1 0 N - INSURANCE FUN D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 07-22-2003 GROUP: 000046 POLICY NUMBER: 8816-2003 CERTIFICATE ID: 33 CERTIFICATE EXPIRES: 01- 01-2 004
01-01-2003/01-01-2004
CITY OF CARLSBAD PURCHASING DEPT
1635 FARADAY AVE
CARLSBAD CA 92008-7314
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies.
U
AUTHORIZED REPRESENTATIVE
A! c.~
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 07-22-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CARLSBAD
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
.I
MIKE PRLICH & SONS INC
9316 KLINGERMAN ST EL MONTE CA 91733
SClF 10262E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT"
pLs,scA RINTE : 07-22-2003 PAGE 1 OF1
Jun 09 03 03:SSp Motherhead 7149657557
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
.-
.-..
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? x Ye= no
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period($) of debarment(s)? Attach additional copies of this page to accommodate more than two debar-
ments.
party debarred party debarred
agency agency
period of debarment period of debarment
~- (name gf Corntor)
(print nameltitle)
- Page of pages of this Re Debarment form
p. 21
-.-
Revised 07/29/02 Contract No. 3874-1 Page 23 of 76 Pages
Jun 09 03 03:55p Motherhead 7149657557 p. 22
BIDDER‘S DISCLOSURE OF DlSCfPLlNE RECORD
(To Accompany Proposal)
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
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 wlthin 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.
Have you ever had your contractor‘s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? -K no
.A no
Ye3
Has the suspension or revocation of your contractors llcense ever been stayed?
Yes
Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?
Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of theJork ever been stayed?
If the answer to either of 1. or 3. above is yes fully identffy, in each and every case, the party disciplined, the date of and violation that the disciplinay action pertain to, describe the nature of the violation and the disciplinary action taken therefor,
(If needed attach additional sheets to provide full disclosure.)
Page of pages of this Disclosure of Discipline form
Cnniracl No. 3874-1 Pam 24 of 76 Pages
Jun 09 03 03:56p Motherhead 7149657557 p. 23
BIDDER'S DISCLOSURE OF DISCIPLINE
(CONTINUED)
(To Accompany Proposal)
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
RECORD
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.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
MIKE PRLrCH ANbSONSINC.
~~ ~. (name of Cowr)
B!J:.L!&&~
P ESIDENT
(print namehitle)
Page of pages of this Disclosure of Discipline form
a Revised 07/29/02 Contract No. 3874-1 Page 25 of 76 Pages
Jun 09 03 03:56p Motherhead 7149657557
i-. ..
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 71 06
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
State of California 1
County of )
) ss.
and says that he or she is (Title)
MIKEPRLICHANDSONSINC of
(Name of Firm)
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 deciare under penalty of perjury that the fore oing is true and correct and that this affidavit was
executed on the \ 7 day of 3-c ,20d.
Subscribed and sworn to before me on the day of I20-.
(NOTARY SEAL)
Signature of Notary
Revised 07/29/02 Contract No. 3874-1 Page 26 of 76 Pages
p. 24
.
State of California
County of Los Angeles
On 3 "w \T , 200 3 , before me, Patricia A. Pankopf, Notary Public personally
appeared, Michael A. Prlich personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
.ul Patricia A. Pankopf, Notary Public
- City of Carlsbad
June 6,2003
ADDENDUM NO. 2
RE: REHABILITATION OF NORTH AGUA HEDIONDA INTERCEPTOR SEWER -
EASTERN SEGMENT, Contract No. 3874-1
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 Request for Bid when
your bid is submitted.
KEVIN DAVIS
Buyer
KD:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
Bidder's Signature
c-,
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-2430 FAX (760) 602-8553
www.ci.carlsbad.ca.us Business License (760) 602-2495 - Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
Project No. 3874, North Agua Hedionda Interceptor Sewer Rehabilitation-Eastern
Segment
Addendum No 2
Delete the last sentence of the third paragraph on page 5: “The following classzjkations
are acceptable for this contract: Class A, General Engineering. ”
Insert the following sentence as the last sentence of the third paragraph on page 5: “The
following classijications are acceptable for this contract: Class A, or Class C-33. ”
.- CONTRACT
PUBLIC WORKS
This agreement is made this 3% day of pw between the City of Carlsbad, California, a municipal corporatio , (hereinafter calleb "City"),
20 03, by and
and MIKE PRLICH AND SONS INC whose principal place of business is
9316 KLINGERMAN AVENUE, SOUTH EL MONTE, CA 91733 (hereinafter
called "Contractor").
City and Contractor agree as follows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
(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.
-
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's 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@) 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.
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 Contractor's
expense to fulfill 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.
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 (SSPW C) 2003 Edition and supplements thereto, hereinafter designated
"SSPW C", 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.
-_
a Revised 07/29/02 Contract No. 3874-1 Page 27 of 76 Pages
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 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
8. 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 contractor's 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.
a Revised 07/29/02 Contract No. 3874-1 Page 28 of 76 Pages
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or 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 City. The
expenses of defense include all costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method.
-
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
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:
a. Comprehensive General Liability Insurance: $1,000,000 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 or its agents,
officers or employees are additional insured.
b. Business 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.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as 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 City.
(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 Revised 07/29/02 Contract No. 3874-1 Page 29 of 76 Pages
a. The City, 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 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 liability, and employers' liability coverage.
-
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
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.
(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.
(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.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
,-
r~
a Revised 07/29/02 Contract No. 3874-1 Page 30 of 76 Pages
DATE (MMIDDIW)
TM CERTIFICATE OF LIABILITY INSURANCE JUL 23 03
PROWCER M w R INSU~NCE S~RVICES 51 E. HUNTINGTON DRIVE
ARCADlA CA 91006
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURER D
INSURER E: I
--PHONE: 626-294-1009
Agency Lid: 0893657 AX: 6264454521
INSURED MIKE PRLICH & SONS, INC. 9316 KUNGERMAN AVE. I- SOUTH EL MONTE CA 91733
,
INSURERS AFFORDING COVERAGE NAlC #
INSURER A Greenwich Insurance Company ,# $.
INSURER B. MLN3
INSURER C. +ds
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING 4NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER WCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IMY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 'OUCIES. AGGREGATE LIMITS SHOWN MAY HAM BEEN REDUCED BY PAID CLAIMS.
NS TYPE OF INSURANCE LTR
GENERAL UABlLlTY
POLICY EFECTNE DATE tMthD0JW POUCY NUMBER
GEC0012511 AUG 102
CLAMSMADE 14 OCCUR
AUTO ONLY ~ EA ACCIDENT
AUTOMOBILE LLABlLlTY
ALL OWNED AUTOS
SCHEWLED AUTOS A
f
AEC0012510
AOOREGATE
AUG 1 02
5
s
s
1
QARAQE LIAEILITY
ANY AUTO
I UMBERELLA LIABIUTY
OCCUR ~CLUMSMADE
DEDUCTIBLE
E.L. EACH ACCIDENT
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LlMK
WORKERS COMPENSATION AND EMPLOYERS' LIABILITY
ANY PROPRIETORRMTNERIU(ECUTlVE OFFICE%WeMB€R EXCLUMD?
If yes. -tu under SPCCUL PROVISIONS bah
s
$
S
OTHER:
I IESCRIPTION OF 0PERATIONSROCATK)NNEHlCLESIEXCLUSlONS ADDED END1
POLICY EXPIRATION LIMITS
AUo 1 03 EACH OCCURRENCE 2,000,000
300,000
MED. u(p (Any& P-) 10.000
DAMAGE TO RENTED
I PERSONAL & AW INJURY IS l.Ooo.000
GENERAL AGGREGATE $ 2p00,Ooo
2,000,000 PROWCTSCOMPDPAGG. $
- I
COMBINED SINGLE LIMIT AUG103 I (Ea accident) 1,000,000
OTHER THAN EAACC 1s
AGG Is AUTO ONLY:
1 EACH OCCURRENCE Is
r WEMENTI SPECIAL PROVISIONS
?E REHABILITATION OF NORTH AGUA HEDIONDA INTERCEPTOR SEWER - EASTERN SEGMENT, PROJECT NO. 3874-1. THE CITY OF
BUT OF THE NAMED INSUREDS' OPERATIONS PER THE ATTACHED GENL115(7/99). THIS COVERAGE SHALL BE PRIMARY AND NON-
ZARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED AS RESPECTS TO LIABILITY ARISING
ZONTRIBUTORY PER THE ATTACHED GENL157VB9).
CERTIFICATE HOLDER I I ADDIT- INSURED; INSURER LETTER - CANCELunON
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. man# mian earn -18 I ur VMLODAY
FINANCE DEPT. 1635 FARADAY CARLSBAD, CA. 92008 I Attention:
'b AWHORPED REPRESENTAW
I I ACORD 25 (2001108) Certificate# 18954 Rhonda Maccioni 0692232
ENDORSEMENT #008 -
This endorsement, effective 12:Ol a.m., 08/01/2002 forms a part of Policy No. GEC0012511 issued to MIKE PRLICH & SONS, INC. by Greenwich Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTOMATIC ADDITIONAL INSUREDS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following provision is added to (Section 11). Who Is An Insured.
5. Any entity you are required in a written contract ("the contact") to name as an insured (the "Additional Insured") is an insured but only with respect to liability arising out of "your work" for the Additional Insured, or acts or omissions of the Additional Insured in connection with the general supervision of "your work" to the extent set forth below.
a. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by the contract and, in no event, shall the Limits of Insurance be increased by the contract.
b. All insuring agreements, exclusions, terms and conditions of the Policy shall apply to the coverage(s) provided to the Additional Insured, and such coverage shall not be enlarged or expanded by reason of the contract.
C. Except when expressly required by the contract, this insurance does not apply to "Bodily Injury" or "Property Damage" occurring after:
(1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf to the Additional Insured(s) at the site of the covered operations has been completed; or
(2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
With respect to Additional Insureds who are architects, engineers or surveyors, this insurance does not apply to "Bodily Injury", "Property Damage", "Personal Injury" or "Advertising Injury" arising out of the rendering of or the failure to render any professional services by or for you, including:
d.
(1)
(2)
The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs, or specifications; and
Supervisory, inspection or engineering services.
e. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the Additional Insured(s) whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis.
- All other terms and conditions remain
GENLI 15 (7/99)
KlNB 09/27/2002
Page 1
I ENDORSEMENT #011
This endorsement, effective 12:Ol a.m., 08/01/2002 forms a part of Policy No. GEC0012511 issued to MIKE PRLICH & SONS, INC. by Greenwich Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY INSURANCE CLAUSE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract.
All other terms and conditions of this policy remain unchanged.
I.
GENLl57 (7/99)
KlNB 09/27/2002
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 201 04.2(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
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.
I
I (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.
(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.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad 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. A/
I have read and understand all provisions of Section 11 above. init
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's
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.
- 13. Labor Code Provisions. The provisions of Part 7, Chapter 1 , commencing with section 1720
of the Labor Code are incorporated herein by reference.
Revised 07/29/02 Contract No. 3874-1 Page 31 of 76 Pages
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.
I
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.
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 AlTACHED
MIKEPRLICHANDSONSINC. n
(CORPORATE SEAL)
CONTRACT~HAEL A. PRLlCH PRESIDENT
(name of Contractor)
(siere) MICHAEL A. PRLlCH PRFslDENT
(print name and title)
By:
(sign here)
ATTEST: -Q".-a8,,,+
LORRAINE M. WUOD, City Clerk
(print name and title)
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.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
a Revised 07/29/02 Contract No. 3874-1 Page 32 of 76 Pages
State of California
County of Los Angeles
On 2 - 2 I , 2003 , before me, Patricia A. Pankopf, Notary Public personally
appeared, Michael A. Prlich personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
MIKE PRLICH &SONS, INC.
./-- 93 16 Klingermnn Street
South El Monk, Cnlifornia 91733
Tel: (323) 283-7852
LIC . H760474
RESOLUTION BY
THE BOARD OF DIRECTORS
0
MIKE PRLICH
WHEREAS, The undersigned being a
above-named corporation, hereby
following resolution:
..
AND SONS, INC.
1 of the directors (or a majority) of the
ndividually and collectively consent to the
RESOLVED, That any one or more of the following officers of thls Corporation
is hereby authorized to enter into any contract or execute any instrument in
the name of and on behalf of 'the corporation. Such power is general
-
MICHAEL A. PRLICH - PRESIDENT
PETER A. SERDARUSICH - SECRETARY/TREASURER 8 CHIEF
F INANC IAL OFFICER
i
RESOLVED FUTHER, That any of the above officers of this Corporation is hereby
authorized to execute any documents or instrument on behalf of the Corporation.
The undersigned, being all of the directors (or a majority) of this Corporation,
hereby adopt and cgnsent to the foregoing resolgion in lieu of a meeting.
r _. Ti rector (
, I hereby certify 'chat this is a true copy of the
or ig 1 na 1 document. e c ret a r y (T r ea s u re r
LABOR AND MATERIALS BOND
.-
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.
2003-1 74 ,adopted JULY 8, 2003 , has awarded to
MIKE PRLICH AND SONS INC
(hereinafter designated as the "Principal"), a Contract for:
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION
CONTRACT NO. 3874-1
' EASTERN SEGMENT
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.
NOW, THEREFORE, WE, MIKE PRLICH AND SONS INC 1 as Principal, (hereinafter designated as the "Contractor"), and as Surety, are held firmly bound unto the City of Carlsbad in the sum of ONE HUNDRED SEVENTY
said sum being an amount equal to: One hundred percent (100%) of the total amount payable under
the terms of the contract by the City of Carlsbad, 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.
NINE THOUSAND NINE HUNDRED FORTY AND NO/OO------*ollars ($ 179,940.00),
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher 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,
consistent with California Civil Code section 31 81, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, 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 the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
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.
Revised 07/29/02 Contract No. 3874-1 Page 33 of 76 Pages
I
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 Executed by SURETY this day
day of Imp. of l20-.
CONTRACTOR: SURETY:
(name of Contractor) (name of Surety)
By: (sign here) (address of Surety)
(print name here) (telephone number of Surety)
By: (title and organization of signatory) (signature of Attorney-in-Fact)
By: (sign here) (printed name of Attorney-in-Fact)
(attach corporate resolution showing current power (print name here) of attorney) - (title and organization of signatory)
(Proper notarial acknowledgment 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.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
a Revised 07/29/02 Contract No. 3874-1 Page 34 of 76 Pages
07/21/2003 08: 30 8183485472
PLIGE 03 L A XES5
Bond No.. 8684670 Premium included in Performance bond
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of CalTomia, by Resolution No. 2003-174 ,edop?ed JULY 8. 2003 , has awarded to
MlKE PRLICH AND SONS INC
(hereinafter deslgnated as the 'Phdpar), a ~ntraot for:
NORTH AQUA HEDIONDA
INTEYCEPTOR SEWER REHABILKATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
In the City of Carisbad, m strict conformity with the drawings and spedflcaffons, and other Contract
Documents now on file in the Omce of the City Clerk of the City of Carlsbad and dl of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contrwt and the terms thereof require the fumisMng of a bond, providing that if Pdncipa! or any of thelr subcontractors shall fail to pay for any materiais, 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 foru1.
n
-
the teas of the contract by the Clty of Carisbad, and for which payment well and truly to be made we brnd ourselves, our heirs, executors and administrators, SUCCBSSOIG, or assiw, jointly and severally, firmly by thew presents.
THE CONDtTION OF THIS OBLlGATlON IS SUCH that If the Contractor or hisker subcontractors
fail to pay for arty materiats, prwisicns provender, suppkies, or teams used in, upon, for, or about the
performance of the work contracted td be done, or for any other work or labor thefeon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with resped to the work ot labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the weges of employees of the contmctor and subcontractors pursuant to section 13020 of the
Unemployment fnsuranca Code with respect to the work and labor, that the Surety will pay for the same, and, also, In case suit is brought upon the bond, reasonable attorneys fees, to be fixed by the court consistent witb Califomla Cii Coda section 3248.
Thls bond shall inure io the benem of any of the persons named in California Ciil Code section 3181, so as to $&e a right of actton to those persons or their assigns in any suit brought upon the bond.
Surety stiputam and agrees that no change, exbnsion of time, titieration or addhim to the terms of the Contract, or to the work to be performed thereunder or the specitlcations accompanying the same shall affect Its obligatiins on tt#a bond, and it dags hereby waive notice of any change, extension oi time, alteratians or addition to the terms of the contract ot to the work or to the
specifications.
--.
Revtsed07/29/02 Contrect NO. 3874-1 Page 33 of 76 Peges
07/21/2003 08: 30 8183485472 L A XCESS PAGE 04
- In the event that Contractor Is an Individual, it Is agreed that the death of any such Contractor shall
not exonerate ths Surety from its obllgatlons under thls bond. n
Execvted by CONTRACTOR lhis 18th Executed by SURIFW this 18th day
03 day of July I m-. 03 of JdY P 2L.d
CONTRACTOR: SURETY:
Mike prlich & Sons, Inc. Fidklity and Deposit Ccanpany of Maryland
(name of (name d Surety)
By: (address of Surety)
225 s. Lake Avenue C700, Pasadena, CA 91101
Michael A. Fz-lich
President
(print name here)
(titk and organbation of signatory) -
t c. Micbel Henley By: - (sign here) (printed name of Attormy-in-Fact)
(amh corporate resolution showing current power (pruil name here) of attorney)
A - (title and or- of slgnabry)
- (Proper notadal acknowledgment of execution by CONTRACTOR and SURETY must b attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If mly om otficw signs, the wrporatlon must attach a resoiution certified by the secretary or assistant secretary under corpofate seal empowering that officer to bind be corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
..
Contract No. 3874-1 Page 34 of 76 Page3
..- Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
and amply, to all intent elected officers
IN WITNESS ice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of April,
A.D. 2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
T. E. Smith Assistant Secretaiy Paul C. Rogers Vice President
State of Maryland ss:
On this 15th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
City of Baltimore I
Sandra Lynn Mooney Notaiy Public
My Commission Expires: January 1,2004
POA-F 0124874
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior
Vice-Presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thaeto.”
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
binding upon the Company with the same force and effect as though manually affixed.” -
this / dayof 9-3
Assistant Secretaty
State of California
County of Los Angeles
On, 077 1 s-03 before me, Veronica Lynn Sognalian, Notary Public,
personally appeared C. Michael Henley who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
A
Notary Public -u u
State of California
County of Los Angeles
On 7/10 , 2003 , before me, Patricia A. Pankopf, Notary Public personally
appeared, Michael A. Prlich personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person or the
entity upon behalf of which the person acted, executed the instrument. ,
WITNESS my hand and official seal.
Patricia A. Pankopf, Notary Pubuc
FAITHFUL PERFORMANCENARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2003-174 , adopted JULY 8, 2003 , has awarded to
designated as the "Principal"), a Contract for:
MIKE PRLICH AND SONS INC , (hereinafter
NORTH AGUA HEDIONDA
INTERCEPTOR SEWER REHABILITATION EASTERN SEGMENT CONTRACT NO. 3874-1
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office 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;
(hereinafter designated as the "Contractor"), and
, as Surety, are held and firm1 bound unto the Citv of Carlsbad. in the sum of ONE HUNDRED SEVENTY NINE THOUS kI ND NINE HUNDRED FORTY '
- AND NO/OO------------------------- Dollars ($ 179,94O.00-----j1 said sum being equal to
one hundred percent (100%) of the estimated amount of the Contract, to be paid to Citv or its certain attorney, its successors and assigns; 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 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 City 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 attorney's 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.
e Revised 07/29/02 Contract No. 3874-1 Page 35 of 76 Pages
_- 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 Executed by SURETY this day of
day of 120-. 120-.
CONTRACTOR: SURETY:
(name of Contractor) (name of Surety)
By: (sign here) (address of Surety)
(print name here) (telephone number of Surety)
By:
(Title and Organization of Signatory) (signature of Attorney-in-Fact)
- By:
(printed name of Attorney-in-Fact)
(sign here)
(Attach corporate resolution showing current
power of attorney.) (print name here)
(Title and Organization of signatory)
(Proper notarial acknowledgment 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.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
Revised 07/29/02 Contract No. 3874-1 Page 36 of 76 Pages
L A XES5 PAGE 81
Bond No 8684670
NORTli AWA HEDlONDA INTERCEPTOR SEWER RUlAblLmATlON EASTERN SEGMENT
CONTRACT NO. 3874-1
in the City of Carlsbad, in strict conformity with the contract, the drawings and speclficalions, and other Contract Oocuments now on file in the Office of the Ctty Clerk of the City of Carlsbad, all of which are incorporated heretn 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, , as Principal, MIKE PRLICH AND SONS INC
(hereinafter designated as the "Contractof), and Fidelitv and W sit Canpany of
- in ANI am
ourselves, our heirs, executors and-&m!nktmbm, b&ess& or asslgns, jrhtly &I d&u
-
atto __
as Sure , are heM end fir bound untn the Ci of Carlsbad. -of ONE HUNDRED'SEVEN?Y NINE THOUS "fK ND NtNE HUNDRED FORTY
- by these prewnis.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, admtnktratm, successors or asslggns, shall in aJl Wngs stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any aheration the& made 8s therein provided on their part, to be kept and performed at the time and in the menner thereln specified, and in all reqects according b their true lntent and meanlng, and shall Indemnify and save harmless the Chy of Carisbad, its ofticers, employees and agents. as thereln stipulated, then thls obligatbn shall become null and void; otherwise it shall remain in full force and effect.
As a part of the obliition secured hereby and m addition to the face amount specified therefor, there shall be inctuded costs and reasom expenses and fees, including reasonable altorne)/s fees, incurred by the Cny in successfully enfordng such obliition, all to be taxed as costs and Included in any Judgment rendered.
Surety stipulate6 and sgrees that mchange, of time. alteration Of addi to the terms of the Contract. of b the work to be pertormed thereunder or the apecifiicatfons accompanylng the
Sme shall affect I& obligations on this bond, and It does hereby weW notlce of any change, ?he, akmum M additfon to the terms of the contract or to the work or to the
NO. 3874-1 Page 35 of 78 paobs
07{21/2003 08: 30 8183485472 L A XCESS PAGE 02
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.
-
n
Executed by CONTRACTOR this 18th
day of ---&I y ,20=.
CONTRACTOR:
1 ipw-
&)
By:
(slgn here)
Michael. A. Prlich
(prlnt name here)
President
(Title and Organization of Signatory)
225 S. Lake venue #700, Pasadma, Ctl 91101
' (address of Surety)
(signature id\ of Attorney-irrpact) .LA-
n. By:
(slgn here) _-
-~ - (print name here)
P Mi--
(printed name of Attorney-in-Fact)
(Attach corporate twsahrtion 'shawlng current power of attorney.)
(Proper notarial acknowledgment of execution by CONTRACTOR qnd SURETY must be attached.)
(President or vice-president 8nd secretary. or assistant secretary must sign for CarpOratiOnS. If only one officer signs, the corporation must attach a resolution certjfled by the secretary or asslstant secretary under corporate seat empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL City Attorney
I
Contract NO. 3874-1 Pa~e 38 d 76 Pages
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
side hereof and are hereby certified to be in full force
appoint C. Michael HENLEY, of Canoga Park, Cal
execute, seal and deliver, for, and on its behalf as s
constitute and
behalf of C. Mic
ct set forth on the reverse side hereof is a true copy of Article VI,
id Vice-president and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of April,
A.D. 2003.
IN WITNESS
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
T. E. Smith Assistant Secretary Paul C. Rogers Vice President
State of Maryland ss:
On this 15th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
City of Baltimore I
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 01 2-4874
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior
Vice-presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-presidents and Attomeys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto.”
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affuted.” A.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affied the corporate seal of the said Company,
Assistant Secretary
State of California
County of Los Angeles
On, 0 7 -1 9-0 3 before me, Veronica Lynn Sognalian, Notary Public,
personally appeared C. Michael Henley who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
A
Notary Public
State of California
County of Los Angeles
(--
On 7 - \ % , 2003 , before me, Patricia A. Pankopf, Notary Public personally
appeared, Michael A. Prlich personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
PATRICIA A. PANKOPF COMM. # 22352M
NOTARY PUBLIC-CALIFC)RNIA
.. : .r
A
r- f
c' ..
I' -.
.'- ,
42
. *..
MIKE PRL ICH & SONS, INC.
93 16 Klingerman Street
South El Monte, California 91733
Tel: (323) 283-7852
11 C . #760474
~
RESOLUTION BY
THE BOARD OF DIRECTORS
OF
MIKE PRLICH AND SONS, INC.
i
WHEREAS, The undersigned being all of the di.rectors (or a majority) of the
above-named corporation, hereby individually and collectively consent to the
following resolution:
RESOLVED, That any one or mcre of the following offlcers of thls Corpotat~on
is hereby authorized to enter into any contract or execute any instrument in
the name of and on behalf of the corporation. Such power is general
MICHAEL A. PRLICH - PRESIDENT
PETER A. SERDARUSICH - SECRETARY/TREASURER & CHIEF
FINANCIAL OFFICER
RESOLED FUTHER, That any of the above officers of this Corporation is hereby
authorized to execute any documents or instrument on behalf of the Corporation.
The undersigned, being all of the directors (or a majority) of this Corporation,
herebv jdODt and consent to the forgoing resolution in lie
?
.I
. I hereby certify that t s is a true copy of the 31
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
he rei nafte r called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
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 North Agua Hedionda Interceptor Sewer Rehabilitation Eastern
Segment, Contract No. 3874-1, 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 City 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 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.
-
Revised 07/29/02 ' Contract No. 3874-1 Page 37 of 76 Pages
- 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 fo 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.
10. 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:
_- For Contractor:
For Escrow Agent:
Title FINANCE DIRECTOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
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.
a Revised 07/29/02 Contract No. 3874-1 Page 38 of 76 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
,-
Title MAYOR
Name
Signature
Add ress
Title
Name
Signature
Address
Title
Name
Signature
Address
Revised 07/29/02 Contract No. 3874-1 Page 39 of 76 Pages
SUPPLEMENTAL PROVISIONS
FOR
NORTH AGUA HEDIONDA
INTERCEPTOR. SEWER REHABILITATION
EASTERN SEGMENT
CONTRACT NO. 3874-1
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
-L-
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:
1-1.2 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:
1-1.3 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:
1-1.4 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, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation. -
e Revised 07/29/02 Contract No. 3874-1 Page 40 of 76 Pages
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 Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher 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 Public Works Director of the City of Carlsbad or hidher approved representative.
The 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 Contractor’s 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.
-
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.
Senior Inspector - the Project Inspectork immediate supervisor and first level of appeal for informal
dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ........................................ Apartment and Apartments
Bldg ........................................ Building band Buildings
CMWD .................................... Carlsbad Municipal Water District
CSSD .................................... .Carlsbad Supplemental Standard Drawings
cfs Cubic Feet per Second
Comm ..................................... Commercial
DR .......................................... Dimension Ratio
E ................................ ............ Electric
G ............................................. Gas
- ...........................................
Revised 07/29/02 Contract No. 3874-1 Page 41 of 76 Pages
gal ........................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Visible
gpm ........................................g allons per minute
IE ............................................ Invert Elevation
LCWD ..................................... Leucadia County Water District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12)
MTBM ..................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit Distrct
OHE ........................................ Overhead Electric
OMWD ................................... Olivenhain Municipal Water District
S ............................................. Sewer or Slope, as applicable
SDNR ..................................... San Diego Northern Railway
SDRSD ................................... San Diego Regional Standard Drawing
SFM ........................................ Sewer Force Main
T ........................................... ..Telephone
UE .......................................... Underground Electric
W .................................... :.......Water, Wider or Width, as applicable
VWD ....................................... Vallecitos Water District
/-
ROW ...................................... Right-of-way
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
F
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:
is listed in the latest version of U.S. Department of Treasury Circular 570,”.
Delete, “who
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
ance/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 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 ($5,000,000).
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 ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
e Revised 07/29/02 Contract No. 3874-1 Page 42 of 76 Pages
-- 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 performancelwarranty 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. No
bond is required for the extended four-year warranty period defined in the Section 1.04 of the
Technical Specifications in this document. The bonds to secure payment of laborers and materials
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
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
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. -
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, the 2003 Edition, and the
annual supplements thereto, all hereinafter designated "SSPWC", as written and promulgated by
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.
There no construction plans for this project. A map designating facilities, the sequence of events,
rehabilitation schedule, and accessibility limitations have been included as Appendix B.
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 Carlsbad and the
Carlsbad Municipal Water District Standard Plans hereinafter designated as CMW DSD, as issued by
the Carlsbad Municipal Water District.
2-5.2 Precedence of Contract Documents. modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. 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
4) Plan sheets (Exhibit B)
- 3) Supplemental Provisions.
e Revised 07/29/02 Contract No. 3874-1 Page 43 of 76 Pages
I 5) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) San Diego Area Regional Standard Drawings.
d) State of California Department of Transportation Standard Plans.
6) Standard Specifications for Public Works Construction.
7) Reference Specifications.
8) 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.
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 had 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 for the same materials.)
7) Identification of deviations from the contract documents.
- 6) Description of the contents of the submittal.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor 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:
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 within ten (10) days of completion
of the work. Payment for performing the work required by section 2-5.4 shall be included in the
various bid items and no additional payment will be made therefor.
-
e Revised 07/29/02 Contract No. 3874-1 Page 44 of 76 Pages
2-9 SURVEYING
I
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 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 shatl adjust the monument frame and cover to the new grade-within 7 days of paving 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, hereinafter 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 (8’/21) by 11”) paper. The field notes, calculations and supporting data
shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from
earlier surveys and all other evidence used by the Surveyor to determine the location of the
monuments set. The field notes and calculations will be labled with name of the Surveyor, the party
chief, field crew members and 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 QQ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under QQ 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 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@) 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.
-
Revised 07/29/02 Contract No. 3874-1 Page 45 of 76 Pages
I Add the following section:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made therefor. Payment
for the replacement of disturbed monuments and the filing of records of survey and/or corner
records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of
said monuments and no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER.
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.
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 subcontractors
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
Contractois staff and the staff of all subcontractors to this 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.
-
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
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 the 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.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, 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 and 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 surcharge rates published therein are not a part of
this contract.
second paragraph, modify as follows:
-
a Revised 07/29/02 Contract No. 3874-1 Page 46 of 76 Pages
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) and shall constitute the markup for all overhead and profits:
Work by Contractor. The following percentages shall be added to the Contractor’s costs
1) Labor ................................... 20
2) Materials ............................. 15 3) Equipment Rental ................... 15
4) To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
(b) When all or any part of the extra work is performed by a
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor‘s 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.
Other Items and Expenditures .. 15
Work by Subcontractor.
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 12650-1 2655.
“The undersigned certifies that the above statements are ‘made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. 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.”
By: Title:
Date:
Company Name:
a Revised 07/29/02 Contract No. 3874-1 Page 47 of 76 Pages
- 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 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 the 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
201 04) 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.
(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. ,-
e Revised 07/29/02 Contract No. 3874-1 Page 48 of 76 Pages
(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.
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.
(f) 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
(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.
-
I_
Revised 07/29/02 Contract No. 3874-1 Page 49 of 76 Pages
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 .lo) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 11 41.1 1 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 11 41.1 0) 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 attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any patty, 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
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
access to any and all parts 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
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 or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill
this Contract.
a Revised 07/29/02 Contract No. 3874-1 Page 50 of 76 Pages
4-1.4 Test of Materials,
sentence of the first paragraph.
delete the phrase, “and a reasonable amount of retesting”, from the third
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site 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 the
Engineer 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.
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, 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.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity 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 time during the Work.
Revised 07/29/02 Contract No. 3874-1 Page 51 of 76 Pages
5-1 LOCATION.
Delete the first paragraph and substitute 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.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. 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 the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer.
c_
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 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 ten (1 0) calendar days after receipt of the “Notice to Proceed”.
Add the following section:
6-1.1 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 6-1.3.3 Electronic Media. -
Revised 07/29/02 Contract No. 3874-1 Page 52 of 76 Pages
- 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 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.
Add the following section:
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare
and submit to the Engineer a chart showing individual tasks and their durations arranged with the
tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture
patterns or distinctive line types to show the critical path.
Add the following section:
6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the
Windows 95 compatible “Suretrak” program by Primavera or “Project” program by Microsoft
Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor
shall submit to the Agency a 89 mm (3.5”) data disk with all network information contained thereon, in
a format readable by a Microsoft Windows 95 system. The Agency will use a “Suretrak”, “Project” or
equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a
scheduling program other than the “Suretrak” program by Primavera or “Project” program by
Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted
program that are fully licensed to the Agency and 32 class hours of on-site training by the program
publisher for up to eight Agency staff members. The classes shall be presented on Mondays through
Thursdays, inclusive, between the hours of 8:OO a.m. and 500 p.m. The on-site training shall be
held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall
be submitted to the Engineer for approval five working days before the start of the on-site training.
The on-site training shall be completed prior to the submittal of the first Baseline Construction
Schedule.
-.
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.
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. -.
Revised 07/29/02 Contract No. 3874-1 Page 53 of 76 Pages
Add the following section:
6-1.2.8 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 determination of 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 time span 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 6-1. 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.
Add the following section:
6-1.2.1 0 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 supplemental 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 supplemental 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 15 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-1.2.1 0.1 through 6-1.2.1 0.3.
Add the following section:
6-1.2.1 0.1 “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 6-1.8.1.
Add the following section:
6-1.2.1 0.2 “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 6-1.8.1.
Add the following section:
6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. 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:
.-
Revised 07/29/02 Contract No. 3874-1 Page 54 of 76 Pages
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 6-1.2 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.
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.
Add the following section:
6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3’/21)) high density diskette,
labelled with the project name and number, the Contractor’s name and the date of preparation of the
schedule data disk. The schedule data disk shall be readable by the software specified in section
6-1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that
would impede full access of all data stored on it.
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.
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:
6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their
durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar
chart shall use differing texture patterns or distinctive line types to show the critical path.
Add the following section:
6-1. 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 6-1.4.3. 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.
a Revised 07/29/02 Contract No. 3874-1 Page 55 of 76 Pages
I 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
6-1.8.2.
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
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. As used in this subsection “substantially different” means a time variance greater than
5 percent of the number of days of duration for the project.
-
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 6-1.3 Preparation of Schedule Updates and Revisions and
6-1. 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:
6-1.1 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.
@ Revised 07/29/02 Contract No. 3874-1 Page 56 of 76 Pages
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 work includes the rehabilitation of sewer
access holes per the plans, special provisions, technical specifications, and their appendices.
.-
Add the following section:
> 6-2.2 Project Meetings. The Engineer will establish the time and location of 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 Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. 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.
Modify as follows:
-
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within one hundred (1 00) working days after the starting date specified in the Notice to
Proceed. Project construction within the environmentally sensitive area described in Appendix B
shall occur between September 15 and February 15, with no exceptions.
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:OO a.m. and 4:OO p.m. on Mondays through Fridays,
excluding 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 hidher 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.
No work involving within 500 feet of an environmentally sensitive area shall be performed by the
contractor between 7:OO p.m. and 500 a.m. or between February 15 and September 15, annually.
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the
Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or
adjustment of contract time of completion will be allowed as a consequence of the prohibition of
work being performed within the dates, areas and/or types of work prohibited in this section.
Revised 07/29/02 Contract No. 3874-1 Page 57 of 76 Pages
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 Board's 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 five (5) years 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 first year of the 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 one thousand dollars ($1,000) per day.
Execution of the Contract shall constitute agreement by the Agency and Contractor that one
thousand dollars ($1,000) 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.
.-
SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: 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.
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.
Revised 07/29/02 Contract No. 3874-1 Page 58 of 76 Pages
Add the following section:
7-5.1 Resource Agency Permits. ‘A’ of these supplemental provisions. Resource agency permits pertaining to this project include:
Resource agency permits for the Work are included in Appendix
1) California Department of Fish and Game permit for this project.
2) A CEQA categorical exemption has been filed by the Director of Planning of the City of
?
Carlsbad.
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 hidher 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.
-
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 929-941 7.
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 to all
residences on Crestview Drive, Eucalyptus Lane, and Summewind Place, approximately 31 homes.
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.
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Revised 07/29/02 Contract No. 3874-1 Page 59 of 76 Pages
- For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-112 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. 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.
,-
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 hidher sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) 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:
7-1 0.3.1 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 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1 .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 21 0-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 21 0-1.6for materials and section 31 0-5 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 travelling 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 travelling 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 Contractor’s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the
Revised 07/29/02 Contract No. 3874-1 Page 60 of 76 Pages
- 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 not less than 7.6 m (25’) 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 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.
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.
Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all
construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20 day review period
specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in
sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the
subsequent TCP phase. When the vertical alignment of the travelled surface differs from the
finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the “MANUAL OF
TRAFFIC CONTROLS”, 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California.
The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such
modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such
modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the
Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP
shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals.
I
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e Revised 07/29/02 Contract No. 3874-1 Page 61 of 76 Pages
The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum
price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging
costs), materials (including signs), tools, equipment and incidentals, and for doing all the work
involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic
stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to
new locations, replacing, and disposing of the components of the traffic control system as shown on
the plans and approved additions and modifications, as specified in these supplemental provisions,
and as directed by the Engineer. All expenses and time to prepare and review modifications,
additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic
control and no additional payment will be made therefor. Flagging costs will be paid for as a part of
the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete
barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material
for portable concrete barriers they will be paid as an incidental to the work being performed and no
additional payment will be made therefor. Progress payments for "Traffic Control" will be based on
the percentage of the improvement work completed.
Add the following section:
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.
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
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.
-
SECTION 9 -- MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows:
the U.S. Standard Measures.
The system of measure for this contract shall be
9-3 PAYMENT.
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
-
a Revised 07/29/02 Contract No. 3874-1 Page 62 of 76 Pages
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 685.01 0 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 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.
9-3.2.1 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 9-3.2
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.
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-_ 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. into the will not be included in the progress estimate.
The cost of materials and equipment delivered but not incorporated
Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made.
Add the following section: 9-3.4.1 EXTENDED FOUR (5) YEAR WARRANTY. Payment for the extended four (5) year warranty will be made at the contract completion.
Revised 07/29/02 Contract No. 3874-1 Page 64 of 76 Pages
SECTION 09800 ,-
SECTION 09800
EPOXY COATING SYSTEM FOR ACCESS HOLE REHABILITATION
PART 1 - COATING
1.01 DESCRIPTION
A. SCOPE:
The work under this section involves the application of an epoxylmortar coating system to the
existing access holes as shown in Appendix “B”, attached herein. Rehabilitation shall consist of
cleaning and preparing the interior surface of the access hole, application of a cement restoration
mortar and a corrosion resistant, 100 percent solids epoxy or modified epoxy coal tar coating,
rehabilitating the damaged concrete and all incidentals necessary to complete the work contained in
these technical provisions. Application of the system shall be under the supervision of the
manufacturer of the system components.
B. PROJECT CONDITIONS:
Twenty of the access holes are located in an environmentally sensitive area, in or adjacent to
wetlands. Access and equipment use is restricted as shown and specified in Appendix “B”.
The contractor shall anticipate that all access holes will have infiltration problems and will be subject
to hydrostatic pressure from groundwater. A condition assessment of the access holes was
performed by Dudek and Associates for the City of Carlsbad. The results of the assessment are
contained in a report titled “North Agua Hedionda Sewer Access hole Inspection” dated
October 2001 . A copy of the report is available for viewing at 1635 Faraday Avenue. Additionally, the
shelf area and channels of many of the access holes are significantly deteriorated and require
rebuilding.
I
C. SURFACES TO BE REHABILITATED WITH EPOXY COATING SYSTEM:
Surfaces to receive the coating system protection shall be as specified and shall include all interior
surfaces of the sewer access holes shown and specified in Appendix “B”.
D. SERVICE CONDITIONS:
The system provided under this section shall be suitable for exposure to municipal wastewater
containing significant quantities of animal fats and greases, petroleum products, grit, organic wastes,
vegetable matter, dissolved H2S. The pH of the wastewater is expected to range between 6.5 and
8.0 and temperatures are expected to range from 60 degrees F to 95 degrees F. Sulfuric acid,
resulting from biological activity in the space above the liquid, will result in a pH of approximately 1 on
all exposed surfaces where the specified coating system is to be applied. Service conditions per
NACE standards shall be considered “SEVERE”.
Revised 07/29/02 Contract No. 3874-1 Page 65 of 76 Pages
1. Flow Information:
Maximum
Minimum
1,170 11 .o 1.83
138 4.7 0.6
Minimum flow occurs between 1 :00 a.m. and 6:OO a.m.; maximum flows occur between 7:OO
a.m. and 1O:OO a.m. and 7:OO p.m. and 9:00 p.m. Flow information is estimated actual values
may vary.
2. ACCESS HOLE CONDITIONS:
a Revised 07/29/02 Contract No. 3874-1 Page 66 of 76 Pages
GENERAL _- 1.02
A.
B.
1.03
A.
B.
1.04
The Contractor shall furnish labor, material and equipment necessary for the preparation of
surfaces, application of coating, rehabilitation of existing surfaces, safety procedures, protec-
tion of existing surfaces and equipment and cleanup.
At the option of the City, the Contractor shall demonstrate the material on a sample area
which is representative of a job site application. When approved, the sample area shall serve
as a standard for all further work.
LICENSE REQUIREMENTS
Contractor for this project must hold a valid Class A State of California Contractor’s License,
and have a minimum of (5) years experience performing these types of projects.
Contractor shall be certified by the manufacturer of the coating system as qualified and
competent for the installation of their product.
GUARANTEE
A guarantee in writing of the finished product for a period of five (5) years will be required.
The Contractor shall be responsible for the guarantee of the product during this term. The Contractor
shall, at the end of each guarantee year, re-inspect the work in the presence of a City or third party
inspector and make any repairs as necessary. The City will coordinate inspection and subsequent
repairs with the Contractor through the five (5) year warranty period.
I
A letter of warranty shall be submitted by the Contractor specifying the responsibilities of the
Contractor for inspection and repair of the coating system through the five (5) year period. A letter of
product warranty shall be submitted by the manufacturer to coincide with the Contractor’s installation
warranty through the five (5) year period. In the event that the Contractor is not able to perform the
warranty service as required herein, the coating manufacturer shall complete the warranty work.
1.05 QUALITY ASSURANCE
A. QUALIFICATIONS:
1.
2.
3.
4.
The name and experience of the applicator shall be supplied.
Certification by the manufacturer stating that the applicator is trained and approved in
the application of the specified products.
Applicators whose submissions indicate that they have not had the experience
required to perform the Work will not be approved.
All products for all structures shall be supplied by the same manufacturer unless
otherwise approved by the Engineer or certified by the product manufacturer as com-
patible.
List of three Restoration and Corrosion Barrier Composite Coating projects, that the
Contractor has completed, including project name, name of owner or contact person
and location of project.
5.
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B.
C.
D.
REFERENCE STANDARDS:
This section contains references to the following documents. They are a part of this section
as specified and modified herein. In case of conflict between the requirements of this section
and those of the listed documents, the requirements of this section shall prevail.
Reference
ASTM D4258-83
ASTM 04259-88
ASTM D4262-83
ASTM D4541
ASTM D4787-88
ASTM D4138
ICRl Guideline No.
03730
NACE RP 0188
ASTM
NACE
SSPC
* ' Title
Surface Cleaning Concrete for Coating
Abrading Concrete
pH of Chemically Cleaned or Etched Concrete Surfaces
Pull-Off Strength of Coatings Using Portable Adhesion Tester
Continuity Verification of Liquid or Sheet Linings Applied to a Concrete
Substrate
~
Measurement of Dry Film Thickness of Protective Coating Systems by
destructive means
International Concrete Repair Institute-Surface DreDaration Guidelines
for the repair of deteriorated concrete resulting from reinforcing steel
corrosion
Discontinuity Testing of Protective Coatings
The published standards of the American Society for Testing and
Materials, West Conshohocken, PA
The published standards of National Association of Corrosion
Engineers (NACE International), Houston, TX
The published standards of the Society of Protective Coatings,
Pittsburgh, PA
TRAINING AND QUALIFICATIONS:
The Contractor's applicator shall have a minimum of two (2) years experience with the
applying the furnished epoxylmortar coating system. The Contractor shall cause the coating
system provided under this Section to be applied by personnel trained in the application of the
material in a training course conducted by the manufacturer of the system materials.
The contractor shall submit written documentation, certified by the manufacturer, attesting
that the supervisor engaged in this work has been trained by the manufacturer in compliance
with this requirement.
NACE INSPECTION:
The City will provide an independent NACE certified inspector or inspectors to monitor and
report on the quality of the work for the entirety of this contract. All aspects of the work shall
be subject to inspection, including surface preparation, quantity of materials used, application
of materials and final surface inspection.
e Revised 07/29/02 Contract N 0. 3874- 1 Page 68 of 76 Pages
- E. MANUFACTURER INSPECTION:
The Contractor shall provide a Manufacturer’s Representative to monitor and report on the
quality of the work. All aspects of the work shall be subject to inspection, including surface
preparation, quantity of materials used, application of materials and final surface inspection.
However, this provision shall not be construed as relieving the Contractor of overall
responsibility for the work. The Manufacturer’s Representative shall be present throughout
the rehabilitation of no less than three (3) access holes in this contract. 9
1.06 PRODUCT DELIVERY
A. DELIVERY OF MATERIALS: all material shall be delivered to the job site in original packages
and containers bearing manufactures name and label, and the following information.
1.
2.
3. Manufacturer’s name.
4. Required safety data
Name or title of material.
Manufacturer’s stock, batch or lot number and date of manufacture.
B. STORAGE OF MATERIALS:
1.
2.
3.
4.
5.
6.
7.
Only acceptable project material shall be stored on the project site.
The Contractor shall store in a suitable location approved by the Engineer.
Area shall be kept clean and accessible.
Store materials in accordance with manufacturer’s instructions.
Keep containers sealed until ready for use.
Health regulations shall be complied with, including the Occupational Safely and
Health Act of 1970.
Hazardous materials shall be stored in accordance with local, state, and Federal
codes.
1.08 SUBMllTALS
A. The following shall be submitted to the Engineer for approval:
1. Procedural plan for the preparation and restoration of the access holes. Plan shall
include the order of work, proposed staging areas, methods of ingress and egress to
access holes, a list of proposed equipment, methods of removal and disposal of
material removed by power washing and clean-up procedures of equipment used for
the application of the coating.
2. Plan for bypassing sewage flow through access holes. This includes flow through
plugs and the method of installation. By-pass pumping around the access holes will
not be allowed.
3. Proposed surface preparation methods and sequence of activities.
4. A letter from the concrete restoration mortar and corrosion resistant epoxy
manufacturers authorizing and certifying repair materials as compatible with the
corrosion resistant epoxy.
a Revised 07/29/02 Contract No. 3874-1 Page 69 of 76 Pages
5. Concrete restoration mortar and corrosion resistant epoxy manufacturer's instructions,
including product safety bulletins, mixing and proportioning instructions, shelf life and
storage requirements, environmental requirements for application, curing time and
formulation adjustments required for job site conditions and procedures. Identify time
requirements between applications of products and minimum time period before
exposure to sewage.
6. Equipment to be used to install the concrete restoration mortar and corrosion resistant
epoxy.
7. Qualifications of Contractor and Applicators as required by Paragraph 1.05.
8. Quality control and documentation plan.
9. Letter of Guarantee as required by Paragraph 1.04.
10. Copy of corrosion resistant epoxy passing results from County Sanitation Districts of
Los Angeles County's Evaluation of Protective Coatings for Concrete Study or equal
11. Name and qualifications of independent NACE certified inspector.
@ Revised 07/29/02 Contract No. 3874-1 Page 70 of 76 Pages
PART 2 - PRODUCTS
r-
2.01 RESTORATION CEMENT MORTAR AND CORROSION BARRIER COATING SYSTEM
A. GENERAL:
1. Restoration cement mortar and other repair or stop leak materials will not be used unless their manufacturer provides information as to its suitability for topcoating with a 100% solids epoxy coating and their recommendations to accomplish such topcoating
successfully. Project specific submittals and procedures must be provided including application, cure time and surface preparation procedures which permit optimum bond with the epoxy coating.
3. All materials shall be compatible with existing substrate and with each other. The products shall have a minimum of 5 years of successful service in aggressive sewer environments.
4. Corrosion resistant epoxy shall have achieved a total score of “3 or “4” in the “Evaluation of Protective Coatings for Concrete” testing program provided by County Sanitation Districts of Los Angeles County California. In the specific categories of Acid Resistance and Concrete Bond, product shall have achieved the highest grade of “1 ’I. Products receiving total scores greater than “4” shall not be used.
All products used for the restoration of access hole nos. 58-66 shall be capable of being installed by hand methods utilizing trowels, brushes or rollers, unless otherwise approved by the Engineer.
5.
2.02 MATERIALS
A. STOP LEAK REPAIR MORTAR:
1. Product and Manufacturer: Provide one of the following: a. Hydraulic cement mortar, Mainstay ML10, as manufactured by Madewell
Products Corporation, Alpharetta, Georgia b. Instaplug No. F-180 by Sauereisen, Pittsburgh, Pennsylvania
C. Or equal
B. ACCESS HOLE FRAME SEAL:
C.
1. Product and Manufacturer: Provide one of the following: a. A 100 percent flexibilized epoxy, Madewell 806M, as manufactured by Madewell Products Corporation, Alpharetta, Georgia b. Manhole Chimney Seal F-88 by Sauereisen, Pittsburgh, Pennsylvania. c. AquataFlex F-3 as manufactured by Raven Lining Systems, Tulsa, Oklahoma d. Orequal
RESTORATION MORTAR:
1. Product and Manufacturer: Provide one of the following: a. Trowelable microsilica cement mortar, Mainstay ML72, as manufactured by Madewell Products Corporation, Alpharetta, Georgia b. Underlayment No. F-120 (Trowel Grade), by Sauereisen, Pittsburgh, Pennsylvania.
C. Or equal
a Revised 07/29/02 Contract No. 3874-1 Page 71 of 76 Pages
D. CORROSION BARRIER COATING: r-
1.
2.
Product shall be a 100 percent solids, epoxy coating, which can be trowelable. Product and Manufacturer: Provide one of the following: a. Modified epoxy coal tar mortar, Mainstay DS-4, as manufactured by Madewell Products Corporation, Alpharetta, Georgia b. SewerGard No. 21 OT (trowelable), by Sauereisen, Pittsburgh, Pennsylvania. c. Raven 405, as manufactured by Raven Lining Systems, Tulsa, Oklahoma
I-
E. Materials used in addition to, not in place of those listed above, must be compatible with the manufacturer of the approved epoxy coating system.
a Revised 07/29/02 Contract No. 3874-1 Page 72 of 76 Pages
- PART 3 - EXECUTION
3.01 SURFACE PREPARATION
_-
A. All concrete or surfaces to be lined shall be water blasted to remove all deteriorated concrete, oil, grease or existing coating to produce a good grade of firm, clean concrete. The following shall apply, unless the manufacturer's instructions are more
stringent.
1. All additives or detergents to be used in surface preparation must be approved prior their use by the Engineer.
2. All deteriorated concrete shall be removed and legally disposed. Hand or power tools may be needed to remove all unsound concrete, contaminants, dirt, debris, and deteriorated reinforcing steel.
All debris produced from surface preparation or repair operation shall be removed from the structure. No debris resulting from the cleaning or restoration process shall be allowed to enter the sewer system, the contractor shall take the necessary precautions to ensure all material resulting from this process be collected and removed.
Replace or treat corroded reinforcing steel, repair cracks and leaks, and treat joints in accordance with manufacturer's instructions and as approved by the Engineer. All corroded rebar shall be abrasive blasted to remove all contaminants and rust. Determine section loss, splice or reinforce with wire mesh where more than 15% to 25% loss is encountered. Protect the steel from contamination and re-rusting by applying a metal primer approved by the manufacturer of the epoxy/mortar coating system. The Engineer shall approve surface preparation prior to applying restoration mortar.
3.
B.
Refer to ICRl Technical Guideline No. 03730 - Surface Preparation Guidelines for the Repair of Deteriorated Concrete Resulting from Reinforcing Steel Corrosion.
Stop all active infiltration prior to installation of the repair mortar and/or corrosion resistant epoxy with approved materials.
Inspect surfaces of substrate for soundness.
C.
D.
E. Test surfaces cleaned by performing the pH test when recommended by the cement restoration mortar and/or the corrosion resistant epoxy manufacturer in accordance with ASTM D4262. This test method covers the procedure for determining the acidity or alkalinity of concrete surfaces prior to applying coatings. The pH readings following the final rinse shall not be more than 1 .O pH lower or 2.0 points higher than the pH of the rinse water.
3.02 RESTORATION MORTAR APPLICATION
A. Upon completion of the surface preparation and acceptance by the Engineer, a restoration mortar shall be installed into place per the manufacturer's instructions. The
A trowelable method of installation must be used to apply the restoration mortar on access holes unless approved by the Engineer. Mechanical methods approved by the restoration mortar manufacturer may be used in the installation of restoration mortar on access holes when approved by the Engineer. Uniformly apply restoration mortar to a minimum thickness of fi-inch with a minimum of 1/4-inch above the highest peaks
of existing profile after surface preparation. Restoration mortar shall be applied over the entire interior concrete surface of the access hole. Hot weather and cold weather application shall be per the manufacturer's instruction.
a Revised 07/29/02 Contract No. 3874-1 Page 73 of 76 Pages
B. Finish surface as recommended by the cement restoration mortar manufacturer and
the corrosion resistant epoxy manufacturer to produce an optimum textured surface
upon which to apply the corrosion resistant epoxy.
C. The NACE certified third-party inspector shall be present during the preparation and shall report compliance and inconsistencies with the specified procedures to the
Engineer prior to applying the restoration mortar.
3.03 CORROSION BARRIER COATING APPLICATION
A. The epoxy application shall be performed only by workers approved by the manufacturer as trained and experienced with the specified material. The coating shall be applied in accordance with the manufacturer’s written instructions, and in the presence of the manufacturer’s representative and independent third-party NACE certified inspector as required herein. High-pressure airless spray equipment
approved by the coating manufacturer must be used on access holes 25 through 57. The equipment shall be in good working order to ensure correct proportioning and mixing of the components. The trowelable method must be used to apply the coating
on access holes 58 through 66, as shown on the plans, in order to minimize the impacts in the environmentally sensitive areas, unless otherwise approved by the
Engineer.
B. The epoxy shall be applied to a minimum thickness of 125 mils (118-inch) in one continuous coat unless recommended otherwise by the manufacturer, without seams and free from any holes or defects. The coating shall be installed from the channel bottom to the base of ring and cover. During the epoxy application, the Contractor
shall take wet film thickness readings as required by the Engineer to ensure uniform specified epoxy coating thickness is achieved. If thickness test does not indicate correct film thickness, an additional four (4) measurements will be made. The average must equal minimum of 125 mils, although minimum individual measurements may under-run this amount by a maximum of 20 percent. The epoxy coating shall be monolithic without bubbles or pinholes and uniform in color. All areas in question shall be removed, reworked and patched in accordance with the manufacturer’s recommendations.
C. The coating shall be installed below the sewage level by using appropriate bypass
equipment or installing during low flow periods. A flow through plug with multiple
branches may be necessary for access holes with multiple inlets. The plug shall be
maneuvered while preparing and coating the channel. Only under special conditions
will permission be granted to stop the flow within the access hole while the channel is
lined. Installation of flow through plugs shall be done under the supervision of the
Engineer. A written request by the Contractor is required and shall be approved by the
City prior to stopping the flow in the access hole.
D. The access hole frame seal shall be installed in all access holes located in traffic
areas. This flexible coating shall be installed from the frame, then down 3 to 5 inches.
3.04 INSPECTION
A. Once the coating is properly cured, the Contractor shall accompany the Engineer in
an inspection of the work. The NACE Inspector, at the direction of the Engineer, shall
perform adhesion tests in accordance with the procedures set forth in ASTM D4541 at
random locations as identified by the Engineer. Repairs at pull test sites shall be at
the Contractor’s expense. The inspector shall also perform high-voltage spark tests
using an approved holiday detector on surfaces identified by the Engineer.
The instrument shall be field calibrated and utilized according to its manufacturer
guidelines and in accordance with NACE RPO188. - a Revised 07/29/02 Contract No. 3874-1 Page 74 of 76 Pages
Upon completion of the installation, the NACE Inspector shall accompany the Engineer in a detailed visual inspection of the coating system. The NACE Inspector shall be prepared to conduct additional pull tests and spark tests as required by the Engineer. All costs arising from inspection activities shall be borne by the Contractor.
1. Thickness Testinq: During application a wet film thickness gage, such as those available through Paul N. Gardner Company, Inc. meeting ASTM D4414 - Standard Practice for Measurement of Wet Film Thickness of Organic Coatings by Notched Gages, shall be used to ensure a monolithic coating and uniform thickness during application.
2. Holiday Testinq: After a minimum of 24 hours at 70QF, the protective coating has set hard to the touch it shall be inspected with high-voltage holiday detection equipment. Surfaces shall first be dried, an induced holiday shall then be made on to the coated concrete surface and shall serve to determine the minimum/maximum voltage to be used to test the coating for holidays at that particular area. The spark tester shall be initially set at 100 volts per 1 mil (25 microns) of film thickness applied but may be adjusted as necessary to detect the induced holiday (refer to NACE RPOl88-99). All detected holidays shall be marked and repaired by abrading the coating surface with grit disk paper or other hand tooling method. After abrading and cleaning, additional protective coating material can be hand applied to the repair area. All touch- uphepair procedures shall follow the protective coating manufacturer's recommendations. Repaired areas must be retested to confirm pinhole free lining.
3. Bond Strenqth: Measurement of bond strength of the protective coating to the substrate can be made at regular intervals and along different sections of the structure. Bond strength can be measured in accordance with ASTM D4541 to a value of 200 psi minimum pull strength or to the Engineer's requirement. Any areas detected to have inadequate bond strength shall be evaluated by the Engineer. Further bond tests may be performed in that area to determine the extent of potentially deficient bonded area and repairs shall be made by Applicator in strict accordance with manufacturer's recommendations. Bond testing shall be made in a minimum of four (4) access holes at the Engineer's discretion.
Visual InsDection: A final visual inspection shall be made by the NACE inspector. Any deficiencies in the finished coating shall be marked and repaired according to the procedures set forth herein by Applicator.
Deficiencv Repair: Any deficiencies discovered shall be removed and replaced in accordance with manufacturer recommendations.
4.
5.
3.05 SAFETY
A.
B.
Contractor shall comply with all current local, state, federal, and other applicable safety and health regulations. Confined space requirements shall be met.
The contractor shall provide compressed air breathing equipment for the dry abrasive blast operators in the sewer during blasting operations. The compressor shall be a breathing air compressor and be equipped with high-temperature and carbon monoxide alarms and shall use an in-line filter to remove moisture. All precautions listed in the submitted material safety data sheets shall be incorporated in the Contractor's Accident Prevention Program
At the completion of the job, all hazardous materials and waste are to be removed in accordance with local, state, and federal regulations at the expense of the Contractor. C.
a Revised 07/29/02
END OF SECTION 09800
Contract No. 3874-1 Page 75 of 76 Pages
APPENDIX “A”
RESIDENT NOTIFICATION EXAMPLE
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS
OFFICE # (76O)XXX-XXXX
FIELD # (76O)XXX-XXXX
>ear resident: 4s a part of the City of Carlsbad’s ongoing program to maintain its itreets, your street will be resurfaced with a layer of asphalt concrete )ver the existing roadway surface. This construction will require the clos- ng of your street to through traffic for one day. Your street, from XYZ St. o XYZAve. will be closed to through traffic and resurfaced on:
rom 7:OOA.M. to 5:OO P.M.
If you don’t plan to leave your home by 7:OO A.M. on the above date )lease park your car on an adjacent street in your neighborhood that will
lot be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad Engineering In- ipection Department. When walking to and from your car, remember lot to walk on the newly overlaid street or you will have black residue on he bottom of your shoes. Please do not drive, walk on, walk pets, play,
)r skate on the newly overlaid asphalt. Also, please refrain from watering ’our lawns, washing cars, etc., approximately 6-8 hours after the asphalt s laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for he city and you may call them at
‘76O)XXX-XXXX if you have any questions regarding the project. Resur- acing of your street will not occur on the day your trash is collected. Mail jelivery may be delayed if the postman cannot reach the mailbox that lay. If you have a moving company scheduled for that day please call
ind inform the Contractor of the date. If you have any concerns which :annot be addressed by the Contractor, you may call the City’s Engineer- ng Inspection Department at 438-1 161x4323. Thank you for your coop- ?ration as we work to make a better City of Carlsbad.
MON. TUE. WED. THU. FRI. DATE:
,-
@ Revised 07/29/02 Contract No. 3874-1 Page 76 of 76 Pages