HomeMy WebLinkAboutOrion Construction Corporation; 2005-10-19; PWS06-04ENGDQC# 2006-0692578
RECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
SEP 28, 2006 3:25 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S HFFirE
GREGORY,!. SMITH COUNT",'1 RECORDER
FEES: 000
PAGES: 1
Space above this line for Recorder's use.
PARCEL NO:
NOTICE OF COMPLETION
Notice is hereby given that:
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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 or improvement on the property hereinafter described was completed on June 23, 2006.
The name of the contractor for such work or improvement is Orion Construction Corporation.
The property on which said work or improvement was completed is in the City of Carlsbad, County of
San Diego, State of California, and is described as follows: North Batiquitos Interceptor, Reach 6
(Sea Cliff Sewer) Access Hold Replacements, Project No. 9001-1 .
The street address of said property is in the City of Carlsbad.
CITY OF CARL
Conrad C~. Hamman
City Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California,
92008; the City Manager of said City on SetemtiiW <&r 200 (* , accepted the above
described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on vSyte^fc/' &> . 2(£& . at Carlsbad, California.
CITY OF CARLSBAD
LORRAINE M. WOOD
City Clerk
Word\Masters\Fomns\Notice of Completion (City)
. r - Item
TABLE OF CONTENTS
Pane
Notice Inviting Bids ........................................................................................................................ 5
Contractor‘s Proposal .................................................................................................................... 9
Bid Security Form .......................................................................................................................... 13
Bidder’s Bond To Accompany Proposal ....................................................................................... 14
Guide For Completing The “Designation Of Subcontractors” Form ............................................. 16
Designation Of Subcontractor and Amount Of Subcontractor‘s Bid Items ................................. 18
Bidder’s Statement Of Financial Responsibility ............................................................................ 19
Bidder‘s Statement Of Technical Ability And Experience ............................................................. 20
Bidder‘s Certificate Of Insurance For General Liability. Employers’ Liability. Automotive
Liability And Workers’ Compensation ........................................................................................... 21
Bidder’s Statement Of Re Debarment .......................................................................................... 22
Bidder’s Disclosure Of Discipline Record ......................................................................... 23 r
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 25
Contract Public Works .................................................................................................................. 26
Labor And Materials Bond ............................................................................................................ 32
Faithful PerformanceNVarranty Bond ........................................................................................... 34
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 36
e- tp Revised 10/08/03 Contract No . 9001-7 Paae 2 of 58 Paaes
SUPPLEMENTAL PROVISIONS
#-- Part I
Section 1
1-1
1-2
1-3
Section 2
2-3
2-4
2-5
2-9
2-1 0
Section 3
3-2
3-3
3-4
3-5
Section 4
4-1
4-2
Section 5
5- 1
5-4
r
Section 6
6- 1
6-2
6-6
6-7
6-8
6-9
Section 7
7-3
7-4
7-5
7-7
7-8
7-1 0
7-1 3
Section 8
Section 9
9-1
9-3 . r
General Provisions
Terms. Definitions Abbreviations And Symbols
Terms .................................................................................................................... 39
Definitions ............................................................................................................. 40
Abbreviations ........................................................................................................ 41
Scope And Control Of The Work Subcontracts ......................................................................................................... 41
Contract Bonds ..................................................................................................... 42
Plans And Specifications ...................................................................................... 42
Surveying .............................................................................................................. 44
Authority Of Board And Engineer ......................................................................... 45
Changes In Work
Changes Initiated by the Agency .......................................................................... 46
Extra Work ............................................................................................................ 46
Disputed Work ...................................................................................................... 48
Changed Conditions ............................................................................................. 47
Control Of Materials
Materials And Workmanship ................................................................................. 50
Materials Transportation. Handling and Storage .................................................. 51
Utilities
Location .................................................................................................................. 51
Relocation ............................................................................................................. 51
Prosecution. Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work ........................................ 52
Prosecution Of Work ............................................................................................. 52
Delays And Extensions Of Time ........................................................................... 52
Time of Completion ............................................................................................... 52
Completion And Acceptance ................................................................................ 53 Liquidated Damages ............................................................................................. 53
Responsibilities Of The Contractor
Liability Insurance ................................................................................................. 53
Workers' Compensation Insurance ...................................................................... 53
Permits .................................................................................................................. 53
Cooperation and Collateral Work ......................................................................... 54 Project Site Maintenance ...................................................................................... 54
Public Convenience And Safety ........................................................................... 55
Laws To Be Observed .......................................................................................... 55
Facilities For Agency Personnel (NOT APPLICABLE)
Measurement and Payment
Measurement Of Quantities For Unit Price Work ................................................. 56
Payment ................................................................................................................ 56
**
Revised 10/08/03 Contract No . 9001 -1 Paae 3 of 58 Paaes
APPENDIX A - Technical Specifications
SECTION 01010 SUMMARY OF WORK
SECTION 01 300 SUBMllTALS
SECTION 01550
SECTION 02145 WASTEWATER BYPASS
SECTION 03460
SECTION 03475
SITE ACCESS AND STORAGE
PRECAST CONCRETE ACCESS HOLES
PVC LINING FOR INTERIOR SURFACE OF ACCESS HOLES
APPENDIX B - 24"x 36" Site Plan
APPENDIX C - Supplemental Detail Drawings
APPENDIX D - Caltrans Permit
APPENDIX E - WPCP
APPENDIX F - Resident Notification Card
APPENDIX G - Right of Entry Agreement
4- %# Revised 10/08/03 Contract No. 9001-1 Paae 4 of 58 Parinn
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO PM on August 31, 2005, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carjsbad, CA 92008-7314, 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: Sea Cliff Access Hole Replacement, includes
the removal of six existing sewer access holes and their replacement with PVC lined concrete
access holes.
NORTH BATlQUlTOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001 -1
BID NO. PWSOG-04ENG
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 Specifications 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.
rc
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 (IO) days after the Contract is awarded. Pursuant to
the provisions of law (Public Contract Code section 10263), appropriate securities may be
substituted for any obligation required by this notice or for any monies withheld by the City to ensure
performance under this Contract. section 10263 of the Public Contract Code requires monies or
securities to be deposited with the City or a state or federally chartered bank in California as the
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of
the agent in connection with the handling of retentions under this section in an amount not less than
$100,000 per contract.
,-
em \# Revised 10/08/03 Contract No. 9001-1 Page 5 of 58 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. Bidder’s Statement of Financial Responsibility
6. Bidder’s Statement of Technical Ability and Experience 7. Acknowledgement of Addendum(a)
8. 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.
9. Bidder’ s Statement Re Debarment
10. Bidder’s Disclosure Of Discipline Record 1 1. Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder wishes to use the Escrow Agreement for
Security)
All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is
$1 72,000.
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 classifications are acceptable for this contract: Classification “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 92008-7314,
for a non-refundable fee of $25.00 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.
r
4- \# Revised 10/08/03 Contract No. 9001-1 Page 6 of 58 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 is mandatory and shall be conducted a minimum of one
(1) week prior to the bid opening date. Bids from contractors who did not arrange for and make a site
visit will be rejected. Visits must be must be arranged with Public Works Engineering-Design
Division. Contact Mark Biskup at (760) 602-2763 to schedule a site tour.
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.
F 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
a Revised 10/08/03 Contract No. 9001-1 Page 7 of 58 Pages
9 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.
--
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
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.2005-138, adopted
on the 3rd day of May, 2005.
Publish Date: July 26, 2005
.-
e Revised 10/08/03 Contract No. 9001-1 Page 8 of 58 Pages
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CITY OF CARLSBAD
NORTH BATIQUITOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001-1
CONTRACTOR’S PROPOS
City Council
City of Carkbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, 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. 9001-1 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 At:
SCHEDULE “A” SEWER IMPROVEMENTS
Approximate
Item Quantity - No.
1
2
3
4
Description and Unit
Mobilization at Not to 574m Exceed
Dollars (Lump Sum)
Wastewater Bypass of
Dollars (Lump Sum) -
Remove Existing Concrete
Access Holes (exclude base)
Dollars Each
Access Hole Replacement
(exclude base) at
BFIW W,f& -.
Dollars Each
$8,000
LS
6 EA
6 EA
Unit Price Total . $8@0-- - $ pQ@- /
I tem - No.
5
6
7
DescriDtion
Remove and Redace Access
Hole Base at 9P m<&
Dollars Each
Remove and Replace Chain
Link Fence at
Dollars per Lineal Foot
Landscaping (replace-in-kind,
damaged landscaping &
Approximate
Quantity Unit
and Unit - Price
6EA $ 4om-
180LF $ e
LS $ /go@--
Total
$ /?ow -
Dollars (Lump Sum) - Total amount of bid in words for Schedule “A”: mQ /%$&- mm -,Y -nD&5&@ rn LMC NQ cL=lT
00 Total amount of bid in numbers for Schedule “A“: $ 23q
The basis of award will be the sum of Schedule ”A
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). hadhave been received and islare 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 of a contractor within the State of C lifomia, validly licensed under license number , classification 04 which expires on
, and that this statement is true and correct and has the legal effect of an affidavit. ///3-/23 &
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business
and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e).
In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the
bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the
contractor shall be properly licensed. Public Contract Code § 20104.
License Detail Page 1 of2
CALIFORNIA CONTRACTORSSTATE LICENSE BOARD License Detail
Contractor License # 549309
DISC LA1 M E R 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 7124.6). If this entity is subject to public
complaint disclosure, a link for complaint disclosure will appear below. Click on the link or
button to obtain complaint and/or legal action information.
Per B&P 7071.17, only construction related civil judgments reported 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: 08/31/2005
* * * Business Information * * *
ORION CONSTRUCTION CORPORATION
1621 S RANCHO SANTA FE RD #A
SAN MARCOS, CA 92069
Business Phone Number: (760) 591-9181
Entity: Corporation
Issue Date: 11/22/1988 Expire Date: 11/30/2006
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
Description i
\A IGENERAL ENGINEERING CONTRACTOR 1
IGENERAL BUILDING CONTRACTOR le-””- -~~~ I rc27 ~NDSCAPING I
* * * Certifications * * * ,,--I
License Detail Page 2 of 2
License Number Request
k Description
Contractor Name Request Personnel Name Request
/HA2 IHAZARDOUS SUBSTANCES REMOVAL
"" ._ i
Salesperson Request
* * * Bonding Information * * *
Salesperson Name Request
CONTRACTOR'S BOND: This license filed Contractor's Bond number 661975 in the amount of
$10,000 with the bonding company
SURETY COMPANY OF THE PACIFIC.
Effective Date: 01/01/2004
Contractor's Bondina History
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) RICHARD
JAMES DOWSING certified that he/she owns 10 percent or more of the voting stock/equity of the
corporation. A bond of qualifying individual is not required.
Effective Date: 06/05/2001
BQl's Bonding History
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
SEA BRIGHT INSURANCE COMPANY Policy Number: BB1040502 Effective Date: 12/03/2004 Expire Date: 12/03/2005
Workers Compensation Historv
Personnel listed on this license (current or disassociated) are listed on other licenses.
I
Personnel List Other Licenses
08/3 112005
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.
Accompanying this proposal is &/Dm (Cash, Certified Check, Bond or Cashier's Check) for ten percent (1 0%) 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
City and State
(Street and Number)
(4) ZipCode Telephone No.
(5) E-Mail
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
City and State
(Street and Number) t -
I (4) ZipCode Telephone No.
Contract Nn Qnnl-1
I
t
(5) E-Mail
IF A CORPORATION, SIGN HERE:
(1 ) Name under which business is conducted
(Signature) (2) - 7VdXhw PR&TLDiYw
' (Title) -
Impress Corporate Seal here
(3) Incorporated under the laws of the State of &%ifi'fl&
(4) Place of Business
City and State - c
(5) Zip Code I 1 Telephone No. 7&7 -5 0 -7660
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} SS.
State of California
County of b I*
On before me,
personally appeared p IbMP DeMSLN4
Name@] of Signer(s1 I 6ersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that heishelthey executed
the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
1 Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: &M/nG+FTP7 .p &p*z - Document Date: /9t/or Number of Pages: c
Signer(s) Other Than Named Above: 7
Capacity(ies) Claimed by Signer
Signer’s Name: ,+’? c 30 wsjg4
0 I ‘vidual
dporate Officer - Title(s):
0 Partner - 0 Limited 0 General
Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
?*>I D &&,
Signer Is Representing: fl$& %/ r e&-
Q 1999 National Notary Association 9350 De Solo he.. P.O. Box 2402 Chatsworth. CA 91313.2402 * www.NationalNotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-8766827
BUS. NUMBER
WttfUrtun of cunplam wth 0th~ dl sale of Califma DATE ISSUED
SIC DESCRIPTION 1623
OWNER FIRM OR CORPORATION NAME
BUSINESS NAME
MAILING ADPRESS
CITY AND STATE
Water, Sewer, Pipeline, & Communications & F
OR1 ON CONSTRUCTION CORPORATlON
OR1 ON CONSTRUCTION CORPORATLON RICHARD DOWSING
1232 KEYSTONE WAY
VISTA, CA 92081-8316
KEEP FOR YOUR RECORDS
BUSINESS TAX RECEIPT
BUS. NO. 1215725
DATE ISSUED 04/04/2005
08.070G $80.00
BALANCE $0.00
TAXES PAID IN ACCORDANCE WITH Clpl BUSINESS TAX ORDINANCE
CIT6 BPCk!R&dfiI?
BID SECURITY FORM
(Check to Accompany Bid)
NORTH BATlQUlTOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001-1
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ ),
this amount being ten percent (1 0%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
"Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
em %# Revised 10108/03 Contract No. 9001-1 Page 13 of 58 Paaes
BIDDER'S BOND TO ACCOMPANY PROPOSAL
NORTH BATIQUITOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001 -1
KNOW ALL PERSONS BY THESE PRESENTS:
That We,. ORION CONSTRUCTION CoRwRATION, as Principal, and FIDELITY AND DEPOSIT COMPv* as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as fallows:
(must be at least ten percent (10%) of the bid amount)lm PERCENT OF TEE TOTAL** for which
payment, well and truly made, we bind ourselves; our heirs, executors and administrators,
successors or assigns, jointlyand severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of tk above- bounden Principal for:
*OF MARYLAND
**AMOUNT OF TEE BID----
NORTH BATIQUITOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001-1
' 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, hen 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..
.-A,. .. .._
- 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 PRINCIPAL this 31ST day of AUGUST ,2005 .
PRINCIPAL:
ORION CONSTRUCTION CORPORATION
jp/&rnm b oulrfd4 -
(print name hen?)
(Title and Organiiatiofi of Signatory)
BY
I
Pk7k5/4BC mfdd &*-
mj~,
aaqhq (print name here)
Executed by SURETY this 31ST
of AUGUST t 20%-
- day
SURETY:
FIDELITY AND DEPOSIT COMPANY OF "D
(name of Surety)
(address of Surety)
818-409-2817 1
801 N. BRAND BLVD PJWJXOUSE SUITE GLENDALE, CA 91203
JEBNETllE SEIDL (printed name of Attorney-in-Fact)
I-- (Attach carporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL 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 assistdnt
secretary under corporate seal empowering that officer io bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL City Attorney
By:
Deputy City Attomey,-l
*-
e h .*
CORPORATE RESOLUTION
OF
ORION CONSTRUCTION CORPORATION
Richard Dowsing, President of Orion Constnrction Corporation, hereby has the authority
to the following:
@ Execute and Sign all bidding documents for me City of Carlsbad North Batiquitos
Interceptor Reach 6 Access Hole Replacements
August 31,2005
President Attorney in Fact
STAE OF CALIFORNIA,
COUNTY OF SAN DIEGO
On &%@r42005 before me, Robert 6. Wilson, personally appeared Richard J.
Dowsing of Orion Construction Corporation, and Tammy L. Luna Attorney in
Fact of Orion Construction Corporation,
-
Penonally known to me. WMES my hand and oiEcial seal
Signature of Notary Notary
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT -
_-
/-
State of California I
County of &Le22
&5f=d NdW w34 c Name and Title of Onicer (e g , Jane Doe, Notarydublic") On /?/,?!* 51 before me, /?@I* b& ' date
9 WSLrJ4 personally appeared /?rem D
Name@) of Signer(s) *
fionally known to me
c1 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that heishelthey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
0 PTlONA L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
? Bm/k% 7 -
Signer(s) Other Than Named Above: 2-+& e* 5 a9DL
Capacity(ies) Claimed by Signer
Signer's Name: Rp-4 B e45kA4.
Rr;::: Officer - Title(s): .PP6/&@7L.
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other: I I
Signer Is Representing:- cs/ytz w.
0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 9131 3-2402 - www.NationalNotary.org Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of California
County of SAN DIEGO
On 31 AUGUST 2005 , before me, GLADYS .D. ROGERS. NOTARY PUBIC ,
} SS.
Dale Name and Title of Officer (e g , *Jane Doe. Notary PubW
personally appeared JEBNETTE SEIDL 9
Name@.) of Sqneds)
Notary Publlc - California
Phce Notary Seal Above
personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(#) whose name@) istaresubscribed
to the within instrument and acknowledged to me that
%&shel#ey executed the same in .hislherlW
authorized capacityclss), and that by kidherAkeir
signature($) on the instrument the person@), or the
entity upon behalf of which the person@) acted,
executed the instrument.
/v Signature of Notary Public
0 P TlONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
Signer’s Name:
0 Individual
17 Corporate Officer - Xtle(s): I O Partner - 0 Limited 0 General
[Io Attorney in Fact
0 Trustee
0 Guardian or Conservator
U Other:
I II
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
L3 Trustee I O Guardian or Conservator
0 Other:
I Signer Is Representing: Signer Is Representing: SURETY
-
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 M. P. HAMMOND, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws
reverse side hereof and are hereby certified to be in full force and effe
and appoint Larry D. COGDILL, Ingrid Erika
SEIDL, all of San Diego, California, EACH its
deliver, for, and on its behalf as surety, and as it
The said Assistan fy that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-
IN WITNESS WHEREOF, the said 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 21st day Of June,
A.D. 2005.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gerald F. Haley Assistant Secretary M. P. Hammond Vice President
State of Maryland ss:
On this 21St day of June, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and GERALD F. HALEY, 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 1
Dennis R. Hayden Notary Public
My Commission Expires: February 1,2009
POA-F 012-4561A
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 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 tho 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 mechanicah
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 affixed.”
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
rc
AUGUST 2005 this 31ST day of
Assistant Secretary
ZURICH
THXS IMPORTANT DISCLOSURX NOTICE IS PART OF YOUR BOND
c Ye are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of
2002. No action is required on your part.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$waived - . This amount is reflected in the total premium for this bond.
Disclosure of Availability of CoveraEe for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses
resulting from acts of terrorism (as defined in the Act) with terns, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will
share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company
has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of
direct earned premium in the prior ym, for 2003,7% of direct earned premium in the prior yeaq for 2004,10% of
direct earned premium in the prior yeaq and for 2005,15% of direct earned premium in the prior year. The federal
share of an insurance company's losses above its deductible is 90%. In the event the United States government
from policyholders. The Act does not currently provide for insurance industry or United States government
participation in terrorism losses that exceed S 100 billion in any one calendar year.
- participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of tenorism" as any act that is certified by the Secretary of the
Treasury, in concurrence with the Secretary of State and the Attorney General of the United States:
1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air
carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a
vessel based principally in the United States, on which United States income tax is paid and whose insurance
coverage is subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign persoi or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a
war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting
from the act, in the aggregate, do not exceed $5,000,000.
These disclosures arc informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003 --
-0050749.doc
Company Profile Page 1 of2
dompany Profile
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, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 9 1203
Unable to Locate the Axent for Service of Process,’
Reference Information
NAIC #: 39306
NAIC Group #: 02 12
California Company ID #: 2479-4
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: MARYLAND
January 01, 1982
License Status: UNLIMITED-NORMAL
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 g!ossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
CREDIT
FIRE
LIABILITY
MARINE
MISCELLANEOUS
http://cdinswww.insurance. ca.gov/pls/wu~coqrof/idb~coqrof~utl. get-coqroflp-EID=62 1 7 OW3 1/2005
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
Composite Complaint Studies
Want More?
Help Me Find a Company Representative in My Area
Financial Rating Organizations
Last Revised - November 04,2004 1 1 : 18 AM
Copyright 0 California Department of Insurance
Disclaimer
http://cdinswww. insurance .ca. gov/pls/wu~coqrof/idb~co~rof~utl.get~coqro~p~EID=62 1 7 08/3 1/2005
GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTORS” FORM
REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged
to review the definitions in section 1-2 of the SSPWC (“Greenbook”) and in the Supplemental
Provisions to this Contract, especially, ‘‘Bid”, “Bidder”] “Contract”l “Contractor“, “Contract Price”,
‘Contract Unit Price”, “Engineer”, “Subcontractor“ and “Work” and the definitions in section 1-2 of the
Supplemental Provisions especially “Own Organization.” Bidders are further urged to review sections
2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions.
CAUTIONS This form 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 otherwise to be preformed 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 whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement] and every subcontractor licensed as a contractor by the State of California
whom 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, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) 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.
The Designation of Subcontractors form must be submitted as a part’ of the Bidder’s sealed bid.
Failure to provide complete and correct information may result in reiection of the bid as non-
responsive.
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 or the Subcontractor as the case may be, that the Bidder
proposes as installer of said materials. The value of material incorporated in any Subcontractor-
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 installing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate
space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a
bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to
perform no less than fifty percent (50%) of the work with its own forces. I,
Determination of the subcontract amounts for purposes of award of the contract shall be 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.
Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or
1777.7.
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.
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
Subcontractor Name and
NORTH BATIQUITOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001-1
Amount of
Work by
Subcontractor
The Bidder certifies that it has used the sub4id of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section
4100 et seq. of the Public Contract 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 one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one
. percent (0.5%) 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.
Subcontractor’s License No.*
Page ___ 1 of f pages of this Subcontractor Designation form
Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”
e-, ti# Revised 10/08/03 Contract Nn Qnnl-1
C
1
I
I
I
BIDDERS
Copies of the latest
STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal) .
NORTH BATlQUlTOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001-1
Annual ReDort, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
. ..
ORION CONSTRUCTION CORPORATION
BALANCE SHEET
MARCH 31,2005
SEE ACCOUNTANTS COMPILATION REPORT
ASSETS
CURRENT ASSETS
CASH (NOTE A) $ 2,076,341
CONTRACT RECEIVABLES (NOTES A & B) 5,647,441
COSTS AND ESTIMATED EARNINGS IN EXCESS OF
2,142,101
TOTAL CURRENT ASSETS 9,865,882
BILLINGS ON UNCOMPLETED CONTRACTS (NOTES A & D)
PROPERTY AND EQUIPMENT (NOTES A & C) 1,915,634
LESS: ACCUMULATED DEPRECIATION (1,604,913)
OTHER ASSETS
DEPOSITS 1,300
TOTAL OTHER ASSETS 1,300
$ 10,177,903
F SEE NOTES TO HNAVCUL STATEMENTS
s
-2-
ti- t LIABILITIES AND STOCKHOLDER’S EQUITY
CURRENT LIABILITIES
ACCOUNTS PAYABLE $ 5,365,085
ACCRUED EXPENSES AND PAYROLL TAXES PAYABLE 118,084
INCOME TAXES PAYABLE (NOTE G) 60,300
BILLINGS IN EXCESS OF COSTS AND ESTIMATED
1,704,543
250,500
TOTAL CURRENT LIABILITIES 7,498,5 13
EARNINGS ON UNCOMPLETED CONTRACTS (NOTES A C D)
CURRENT MATURITIES OF LONG-TERM DEBT (NOTE E)
LONG-TERM LIABILITIES
NOTES PAYABLE (NOTE E) 688,875
NOTES PAYABLE SHAREHOLDER (NOTE H) 200,000
a88,875
TOTAL LIABILITIES a,387,388
STOCKHOLDER’S EQUITY
COMMON STOCK, NO PAR
AUTHORIZED 100,000 SHARES
ISSUED 1,000 SHARES
OUTSTANDING 1,000 SHARES 1,000
ADDITIONAL PAID M CAPITAL 161,867
RETAINED EARNINGS 1,627,650
$ 10,177,903
-3-
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
NORTH BATIQUITOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001-1
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.
T T T T
T T
T T T T 1
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
NORTH BATIQUITOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001-1
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:
1.
Comprehensive General Liability
Automobile Liability
Workers Compensation GP /ALyLq2?&lCF
Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, 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:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the cowrage is for "any auto" and cannot be limited in any manner.
Contract Nn annl-I
877-945-7378 PRODUCER
willis North America, ~nc. - ~egional Cert Center 26 Century Blvd. P. 0. BOX 305191 Nashville, TN 372305191
INSURED Orion Construction Corporation
1232 Keystone Way Vista, CA 92081
I I INS1 IRFR F. I I
THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
INSURERS AFFORDING COVERAGE NAIC#
INSURERA: St. Paul Fire and Marine Insurance Compan 24767-004
INSURERE: Hartford Fire Insurance Company 19682 - 001
INSURERC SeaBright Insurance Company 15563 - 001
INCIIRFR~.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
X
X
TYPE OF INSURANCE IDD' USR I GENERAL LlABlUTY
X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE OCCUR
-
GENLAGGREGATE LIMIT APPLIES PER: 1 I-J n LOC
AUTOMOBILE LIABILITY
X ANYAUTO
-
__
ALL OWNEDAUTOS
SCHEDULED AUTOS
-
-
X HIREDAUTOS
X NON-OWNED AUTOS
-
-
BODILY INJURY (Per aaident)
PROPERTY DAMAGE (Per amdent)
AUTO ONLY - EAACCIDENT
OTHERTHAN EAACC
AGG AUTO ONLY:
EACH OCCURRENCE
AGGREGATE
+ GARAGE LIABILITY
f
f
f '
$
f
f
%
H ANYAUTo
12/3/2005
EXCESS LIABILITY g ~~~lJloN CLAIMSMADE
DEDUCTIBLE
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOWPARTNEREXXECUTIVE OFFICEWMEMEER EXCLUDED?
If es descnbeunder S6ECIAL PROVISIONS below
OTHER
f
x IT%%%&&l log,"
E.L. EACH ACCIDENT f 1,000,000
E.L. DISEASE - EA EMPLOYEE f
E.L. DISEASE - POLICY LIMIT f
1,o 0 0, 0 0 0
1 , 0 0 0 , 0 0 0
UPTION OF OPERATlONSROCAllONSlMHlCLl
POLICY NUMBER
KC06100195
72UENUS9540
BB104 0 5 02
/EXCLUSIONS ADDED BY ENDORSEMEN1
POLICY EFFECTNE DATE lMMlDDlYn
12/3/2004
12/3/2004
12/3/2004
8PECIAL PROVISIONI
LIMITS 'OLICY EXPIRATION DATE IMMIDDNYI
12/3/2005 ' EACHOCCURRENCE 1 S 1,000,000
SO. 000 1 DAMAGE TO RENTED , PREMISES (Ea mrenca) ' f
MED UP (Any one person)
PERSONAL a ADV INJURY
GENERAL AGGREGATE
12/3/2005 I COMBINED SINGLE LIMIT $ 1, 0 0 0 , 0 0 0 (Ea amdent)
BODILY INJURY (Per perron) If
RE: Sea Cliff Sewer North Batiquitos Interceptor reach 6 access hole replacements, Bid No. PWS06-04ENG. Project No. 9001-1.
Phe City of Carlsbad, its officials, employees and volunteers are named as additional Insureds as respects General Liability and Automobile Liability per attached endorsements. Primary / Non-Contributing Wording applies to General Liability per attached endorsement. Primary Wording
CERTIFICATE HOLDER CANCELLATION
. .. pDD1-s as resoects Automobile Llabllltv ~er ~ollcv form.
DATE THEREOF, THE ISSUING INSURER WILL -MAIL 30 DAYS WRIITEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF~MKXM-L
City of Carlsbad ~XIM~~~~~~~~~m~m Public Works Purchasing Department Attn: Kevin Davis 1635 Faraday Avenue
CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 I os/2Y720os I
877-945-7378 PRODUCER
willis North America, Inc. - Regional Cert Center 26 Century Blvd.
P. 0. Box 305191 Nashville, TN 372305191
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
INSURERS AFFORDING COVERAGE NAIC#
lNSURED Orion Construction Corporation
1232 Keystone Way Vista. CA 92081
INSURERC: SeaBright Insurance Company 115563-001
INSURERD:
INSURERA: St. Paul Fire and Marine Insurance Compan 24767-004
INSURERE: Hartford Fire Insurance Company 19682-001
DESCRIPTION OF OPERATlONS/LOCATlONS/YEHICLES/EXCLUSlONS ADDED BY ENDORSEMENTlSPECIAL PROVISIONS
Blanket Waiver of Subrogation applies as respects to Automobile Liability, General Liability, and Workers Compensation per the attached endorsements.
Coll:1413220 Tpl:324713 Cert:6211063
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08) Coll:1413220 Tpl:324713 Cert:6211063
ADDITIONAL PROTECTED PERSONS ENDORSEMENT - CONTRACTORS GENERAL LIABILITY - INCLUDING COMPLETED WORK
This endorsement changes your Contractors
Commercial General Liability Protection
How Coveraae Is Chanaed
There are two changes which are described
below.
1. The following is added to the Who is Protected
Under This Agreement section. This change
adds certain protected persons and limits their
protection.
Additional protected person. The person
or organization named below is an additional
protected person as required by a contract or
agreement entered into by you. But only for
covered injury or damage arising out of:
0
0
your work for that person or organization;
your completed work for that person or
organization if your contract or agreement
requires such coverage;
premises you own, rent, or lease from that
person or organization; or
your maintenance, operation, or use of
equipment leased from that person or
organization.
0
0
We explain what we mean by your work and
your completed work in the Products and
completed work total limit section.
If the additional protected person is an
architect, engineer, or surveyor, we won’t
cover injury or damage arising out of the
performance or failure to perform
architect, engineer, or surveyor professional
services.
Archit&, engineer, or surveyor professional
services includes:
0 the preparation or approval of maps, drawings,
opinions, reports, surveys, change orders,
designs, or specification; and
services.
0 supervisory, inspection, or engineering
2. The following is added to the Other primary
insurance section. This change broadens
coverage.
Well consider this insurance to be primary to
and non-contributory with the insurance issued
directly to the additional protected persons
listed below if:
0 your contract specifically requires that we
consider this insurance to be primary or
primary and non-contributory insurance; or
you request before a loss that we consider
this insurance to be primary or primary and
non-contributory insurance.
0
Other Terms
All other terms of your policy remain the same.
Person Or Organization:
Any Person or Organization You Are Required By Written Contract to Add as an Additional Protected
Person.
Sea Cliff Sewer North Batiquitos Interceptor reach 6 access hole replacements, Bid No. PWS06-04ENG,
Project No. 9001-1.
Name of Insured: Policy Number: KC06100195 Effective Date 12/3/2004
Orion Construction Corporation Processing Date -
GO322 Rev. 12-97 Printed in U.S.A. Endorsement
OSt. Paul Fire and Marine Insurance Co. 1997 All Rights Reserved
Page 1 of 1
POLICY NUMBER: 72U EN US9540
THIS ENDORSEMENT
TCC HARTFORD
CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
ADDITIONAL INSURED
COMMERCIAL AUTO COVERAGE PART
IT IS HEREBY AGREED THAT ADDITIONAL INSUREDS ARE INCLUDED IN THE POLICY ON A
BLANKET BASIS.
Sea Cliff Sewer North Batiquitos Interceptor reach 6 access hole replacements, Bid No. PWSO6-
04ENG, Project No. 9001-1.
0
OThe City of Carlsbad, its officials, employees and volunteers
0
,--
Form IH 12 01 11 85 Printed in U.S.A.
.I
WORKERS’ COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 (4/84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy.
We will not enforce our right against the person or organization named in the Schedule. (This
agreement applies only to the extent that you perform work under a written contract that requires you
to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while
engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2-% of the California workers’ compensation
premium otherwise due on such remuneration.
Schedule
Person or Organization
i-
WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND
DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE
SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY
OPERATING AIRCRAFT FOR HIRE.
This endorsement changes the policy to which it is attached and is effective on the date issued unless
otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation
of the policy.)
Endorsement Effective: 12/3/2004 POLICY NO. BB1040502
INSURED: Orion Construction Corporation
INSURANCE COMPANY: SeaBright Insurance Company
L -.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AND
RIGHTS OF RECOVERY AGAINST OTHERS
This endorsement modfie insurance provided under the blowing:
BUSINESSAVrOCOVERAGEFORlY
A Any person or otganization whom you am required by mntractto name as additional ins& k an "insured' for LlABlLrrY COVERAGE but only to the extent that person or organization qualifies as an "insure# under tho WO IS AN INSURED pmvkion of Section II - UABILilY COVERAQE.
8. For any person ar wganiratim for whom you am required by contract to provide a waiver of subrogation, the
Loss Conditbn -TRANSFER OF RIGHTS OF RECOMRY AGAINST OTHERS TO US is applicable.
i-
,-
I
I
C
1
c c
1
P
BIDDER'S STATEMENT RE DEBARMENT
* (To Accompany Proposal)
NORTH BATlQUlTOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001-1
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State f California? P t/ no
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
patty debarred party debarred
agency agency
period of debarment period of debarment
-I
By:
(sign
Page /of 1 pages of this Re Debarment form
em ts Revised 10/08/03
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
NORTH BATIQUITOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001-1
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 within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. c
1 ) Have you ever had your contractor‘s license suspended or revoked by the California Contractors’ t State license Board two within an eight par period?
2) Has the suspension or revocation of your contractors license ever been stayed?
- Yes no
c
3) 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 eriod?
lr
I 1 no
Yes
4) Has the suspension or revocation of the license of any subcontractor‘s that you propose to perform any portion of the Work ever been stayed?
I
I Yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
I
I
I (If needed attach additional sheets to provide full disclosure.)
Page - / of 2 pages of this Disclosure of Discipline form
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
NORTH BATlQUlTOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001-1
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 pnvide full disclosure.)
BY CONTRACTOR:
~%&W--W-F .n+2Y'c12g.r/
(name of Contractor)
By:
Page- 2 of - 9 pages of this Disclosure of Discipline form
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California
Countyof JM
NORTH BATIQUITOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001-1
) ss. pcsQ )
DDh(S-/N/ , being first duly sworn, deposes
(Name of Bidder)
/+drnW
(Title)
and says that he or she is pbw/>W7--
(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 declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the 4/ B+ day of &AH 7 ,2oe
Signature of Bidder
,204- * Subscribed and sworn to before me on the y/ -- dayof &hQfi-
(NO7
03). w
-ARY
Contract No. . >..I ,,I _I _I
* ignature of Notary
Page 25 of 58 Paqes -..r.n ,- A. LO I#^-^^
QUG-24-2005 14:40 760 431 5769 P.02/03
- City of Carlsbad
August 24,2005
ADDENDUM NO. 1
RE: SEA CLIFF SEWER NORTH BATlQUlTOS INTERCEPTORREACH 6 ACCESS
HOLE REPLACEMENTS
BID NO. PWS0664ENG, CONTRACT NO. 9001 -1
Please include the attached addendum in the Notice to BidderIRequest for Bids you
have for the above project.
This addendum-receipt acknowtedged--must be attached to your Request for Bid when
your bid is submitted.
Buyer
KD:rh
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
Bidder's Signatu /"I
CITY OF CARLSBAD
From:
North Batiquitos Interceptor, Reach 6
(Sea Cliff Sewer)
Access Hole Replacement
Contract No. 9001-1
Addendum No. 1
Mark Biskup, Project Engineer
Phone: (760) 602-2763
Fax: (760) 602-8562
Date: August 24,2005
Bid Opening Date: August 3 1,2005 4:OO pm
REVISIONS TO BID DOCUMENTS:
The following clarifications and additions shall be made a part of the contract documents
for Contract No. 900 1 - 1.
Delete: Paragraph 3.02 Standby Equipment of Section 02145 Sewer Bypassing and
Dewatering.
Replace with:
Paragraph 3.02 Standby Equipment
The Contractor shall maintain on site, suflcient equipment, materials tools and staff to
ensure continuous and successful operation of the bypass system and the ability to return
to a continuous safe flow condition. The Contractor shall be able to implement standby
equipment in a timely manner to prevent any wastewater spill. Any damage and resulting
cost associated to @om bypass failure shall be the responsibili fy of the Contractor.
Standby equipment is subject Engineer’s approval and shaII be included as part of the
bypass plans described under Section 02145, Part I, Paragraph 1.02 Submittals.
Delete: Second sentence of Paragraph 1.03 B of Section 02145 “All bypass flow shall be
discharged into the lift station emergency storage reservoir.”
CONTRACT
PUBLIC WORKS
This agreement is made this /ya day of dw ,20<
by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "Cityl), and ORION CONSTRUCTION CORPORATION whose principal place of
business is (hereinafter
called "Contractor").
1621 S RANCHO SANTA FE RD #1 SAN MARCOS CA 92069
City and Contractor agree as follows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
NORTH BATlQUlTOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001 -1
(hereinafter called "project")
2.
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(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
-
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 (SSPWC) 2003 Edition, and the supplements thereto, hereinafter
designated "SSPWC", as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Supplemental Provisions section of this contract. The Engineer
will close the estimate of work completed for progress payments on the last working day of each - month.
e- ts Revised 10/08/03 Contract No. 9001-1 Page 26 of 58 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.
B.
indicated . Differing Conditions. Subsurface or latent physical conditions at the site differing from those
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 I 101 -1 525) 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.
,-
em ts Revised 10/08/03 Contract No. 9001-1 Page 27 of 58 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.
IO. 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 anymanner.
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.
,F-
ern %# Revised 10/08/03 Contract No. 9001-1 Page 28 of 58 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. 91403.
(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) in the Contractor's bid.
Cost Of Insurance. The Cost of all insurance required under this agreement shall be included r'
em '4 Revised 10/08/03 Contract No. 9001-1 Page 29 of 58 Pages
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.
F
(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.
(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 subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand all provisions of Section 11 above. init ‘Twinit
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.
*= %# Revised 10/08/03 Contract No. 9001-1 Page 30 of 58 Pages
13.
14.
15.
16.
Labor Code Provisions. The provisions of Part 7, Chapter 1 , commencing with section 1720
of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier's check, or certified check may 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.
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.
Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
c CONTRACTOR:
(name of Contractor)
By:
3H44D ZbMW
(print nade and title)
By:
)8wAno %b&S,q+ Jec.
(print namfand title)
ATTEST:
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
7
By:
Depdty CTty Attorney \
em ts Revised 10/08/03 Contract No. 9001 -1 Page 31 of 58 Pages
-
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
c
rc
r R. WiL*d.-W/pm
Name and Title of Officer (e g “Jane Doe Notfiy Public )
On - ?(?Q[Q< before me, /&?e?
personally appeared R! &/ma Name@) T)OLc(SGNG of Signer@)
donally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name@) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature@) on the instrument the person@), or
the entity upon behalf of which the personls)
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: me+- M- /AU/ZoF J+c Ceys - Document Date: flQMg Number of Pages:
Signer@) Other Than Named Above: -.
Capacity(ies) Claimed by Signer
Signer’s Name: 3 0&4/N4
IRmUf-
0 Partner - Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: O/?/@N dsr d%@ P
0 1999 National Notary Association * 9350 De Soto Ave.. P.O. Box 2402 Chatsworth, CA91313-2402 - w.NationalNotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
BOND NO: 6247598
PREKIUM INCLUDED IN PERFORMANCE
BOND
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2005-285,
adopted September 20,2005, has awrded to (hereinafter designated as the "Principal"), a Contract br:
ORION CONSTRUCTION CORPORATION
NORTH BATIQUITOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001 -1 BID NO. PWS06-04ENG
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, ORION CONSTRUCTION CORPORATION 9 as
as Surety, are held firmly bound unto the City of Carlsbad
in the sum of TWO HUNDRED THIRTY THREE THOUSAND Dollars ($233,000), 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.
Principal, (hereinafier designated as the "Contractor"), and SAFECO INSURANCE COMPANY OF AMERICA - -
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 3181, 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
31 81, 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
I - specifications.
e- %# Revised 10/08/03 Contract No. 9001-1 Page 32 of 58 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 To* * Executed by SURETY this 27T8 day
- -
day of of SEPTEWBER ,20%.
CONTRACTOR: SURETY:
ORION CONSTRUCTION CORPORATION (name of Contractor)
By: GLENDALE, CA 92103
SAFECO INSURABCE COMPANY OF AMERICA
(name of Sure 330 NORTH BRAND BLVD., Yd TH FLOOR
(siflere) (address of Surety) -
818-956-4208
(print name herw
-&&eDL/TL-.Cr?r
Pe. mod & By:
(title and organization of signatory) (.$$ature of Attorney-in-Fact)
J dSEIDL, AITORNEY-IN-FACT
(printed name of Attorney-in-Fact)
4xvdG (attach corporate resolution showing current power
(print name here) of attorney)
- &4 cw
P - (title and hganization 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 &ry Attorney
e= ts Revised 10/08/03 Contract No. 9001-1 Page 33 of 58 Pages
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-
,-
State of California I
County of D/Eiso
NW /-mu= Name and Title of Onicer (e.g., "Jane Doe, Notary Pdla")
On ?/!3y/oc before me,
personally appeared mD QMGl& Name@) 01 siQnE(si
L&p6&ally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by hisiherltheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Scnatu-re 07 Notary Public
OPTlONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reatfachment of this form to another document.
Description of Attached Document
Title or Type of Document: &%?/?
Signer(s) Other Than Named Above: rT&NPm 5 6IbG
*/w/m7
Number of Pages: 7 Document Date:
Capacity(ies) Claimed by Signer
Signer's Name: x:zL Officer - Title(s): .Fms LpH r
Partner - 0 Limited 0 General
Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
Other:
Signer Is Representing: pR/ar/ &drT &7?.
Q 1999 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 9131 3.2402 * www.NationalNotary org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - -
I State of California
GLADYS D. ROGERS, NOTARY PUBLIC 1
Name and Xtle of Officer (e.9.. "Jane Doe. Notary Public)
On 27 2005, before me, Date
personally appeared JEANETTE SEIDL I
Name@) of Signer(s)
Place Notary Seal Abcve
personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) idare subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature@) on the instrument the person@), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand
OPTlONA L L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual 0 Individual
0 Corporate Officer - Title@):
0 Partner - 0 Limited 0 General Partner - 0 Limited 0 General
0 Trustee
0 Guardian or Conservator 0 Guardian or Conservator 0 Other:
Signer Is Representing:
0 Corporate Officer - Title(s):
0 Attorney in Fact Attorney in Fact
Signer Is Representing: SURETY
-
POWER A E O' OFATTORNEY
SAFECO INSUWINCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA
SEATTLE, WASHINGTON 98185
HOME OFFICE: SAFECO PLAZA
- - No. 11566
,WALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
************LARRY D. COGDILL; INGRID ERIKA CROSBY; JEANETTE SEIDL; BROOKE LAFRENZ; MICHAEL W. THOMAS; San Diego. California***********
its true and lawful attomey(s)in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character ksued in the cwrse of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these przsents
this 9th dayof June * 2004
c
I CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Exbad from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vie President appointed for that
purpose by the cfficer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar charader issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking.'
Extract from a Resolution of the Board of Diredm of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
an any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisionS of Artide V. Section 13 of the Bylaws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effed,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.'
I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE CWPANY OF AMERICA. do hereby certify
that the foregdn6: extracts of the By-Laws and of a Resolution of the Board of Diredm of these corporations, and of a Power of Attorney issued pursuant thereto,
are true and cocTBc1. and that both the By-Laws, the Resdution and the Power of Attomey are still in full form and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
2005 this 27TH day of smmm
CHRISTINE MEAD, SECRETARY
19741SPEF 2/01 @A registered trademark of SAFECO Corporation
06/09/2004 PDF
EXHIBIT B
IMPORTANT NOTICE TO SURETY BONO CUSTOMERS REGARDlNG
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of
America, General Insurance Company of America, First National Insurance Company, American States Insur-
ance Company or American Ecmy Insurance Company), it is our duty to notify you that the Terrorism Risk
Insurance Act of 2002 extends to ‘surety insurance”. This means that under certain circumstances we may be
eligible for reimbursement of certain surety bond losses by the United States government under a formula
established by this Act.
Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that
exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act
also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of
terrorism. Losses on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement
guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law.
At this time there is no premium change resulting from this Act.
56248 2KJ3
BOND NO: 6247598
PREMIUM: $2,680.00
FAITHFUL PERFORMANCENVARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution WHEREAS,
the City Council of the City of Carlsbad, State of California, by Resolution No. 2005-285, adopted
September 20, 2005, has awrded to
(hereinafter designated as the "Principal"), a Contract br:
ORION CONSTRUCTION CORPORATION
NORTH BATlQUlTOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001 -1
BID NO. PWSO6-04WG
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;
NOW, THEREFORE, WE, ORION CONSTRUCTION CORPORATION 9 as Principal, (hereinafter designated as the "Contractor"), and
as Surety, are held firmly bound unto the City of Carlsbad
in the sum of TWO HUNDRED THIRTY THREE THOUSAND Dollars ($233,000), 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.
SAFECO INSURANCE COMPANY
OF BNERICA
-
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 attorneys fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications. - -
em %# Revised 10/08/03 Contract No. 9001-1 Page 34 of 58 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 e
day of fMm ,20 05.
CONTRACTOR:
ORXON CONSTRKJCTION CORPORATION
(name of Contractor)
By:
OMS/r;
(print nadere)
R .D
P&. @M*.
(Title and Organization of Signatory)
By: -
4-
(print naR6 here)
%&
(Title and diganization of signatory) .
Executed by SURETY this 27TH day of
SEPTEMBER ,2005
SURETY:
SAFECO INSURANCE COWANY OF AMERICA
(name of Surety)
330 NORTH BRAND BLVD., lOTH FLOOR
GLENDALE, CA 92103
(address of Surety)
818-956-4208
(telephone number of Surety) _.
By:
JJWWlTE SEIDL, ATTORNEY-IN-FACT
(printed name of Attomey-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
(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: \
e= %# Revised 10/08/03 Contract No. 9001-1 Page 35 of 58 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rc
c
c
} SS.
State of California
County of J2d
On ?hy.@ before me, fiQJ%?*F R. cu//Ldorl
Name and mtle of Onicer (e g Jane Doe
personally appeared /7cw ?D 30 WSl.
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Mare
subscribed to the within instrument and
acknowledged to me that helsheithey executed
the same in his/her/their authorized
capacity(ies), and that by hisiherltheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Signature 01 Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: @mw& 7 E*! G,/b/t?iWO Jrn - Document Date: Number of Pages: 2
Signer(s) Other Than Named Above: b t
Capacity(ies) Claimed by Signer
Signer’s Name: 1we-v 0 DWSLA&
me /O*T 0 I ividual dd Corporate Officer - Title(s):
0 Partner - 0 Limited I3 General
0 Attorney-in-Fact
0 Trustee
Guardian or Conservator
0 Other:
Signer Is Representing: M5T c9RP
@ 1999 National No:ary Association * 9350 De Soto Ave., P.O. Box 2402 Chatsworth. CA 91313-2402 * w.NationalNotary.org Prod. No. 5907 Reorder: Call TolLFree 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
rc
State of California
County of SAN DIEGO
On 27 SEPTEMBER 2005, before me,
} SS.
GLADYS D. ROGERS, NOTARY PUBLIC P Name and Me Ot ORicer (e g , "Jane Doe. Notary Public) Dale
personally appeared Jm SEIDL 1
Name@) of Signer(s)
Place Notary Seal Above
@ personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) idare subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in hislherltheir
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument.
WITNESS my han
t- OPTlONA L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual Individual 0 Corporate Officer - Title(s):
0 Partner - Limited 0 General 0 Partner - 0 Limited 0 General
UI Attorney in Fact
0 Trustee
0 Guardian or Conservator 0 Guardian or Conservator 0 Other:
Signer Is Representing:
0 Corporate Officer - Title(s):
0 Attorney in Fact
Signer Is Representing: SURETY
-
POWER 'm A ' E O* OFATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185
- No. 11566
N ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
************JARRY D. C%DILL; INGRID ERIKA CROSBY; JEANETTE SEIDL; BROOKE LAFRENZ; MICHAEL W. THOMAS; San Diego, California***********
its true and lawful attorney(s)in-fact. with full aothority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these przsents
this 9th dayof June I 2004
CHRISTINE MEAD, SECRETARY MIKE MCGAVICK. PRESIDENT
CERTIFICATE
and of GENERAL INSURANCE COMPANY OF AMERICA:
"&tide V, Section 13. - FIDELITY AND SURETY BONDS ... the President any Vice President, the Secretary. and any Assistant Vice President appointed for that
purpose by the dfcer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and Mer documents of similar character issued by the company in the course of itS
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instmment conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertakhg."
Extract frwn the By-Lam of SAFECO INSURANCE COMPANY OF AMERICA
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICAadopted July 28,1970.
un any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of We V, Section 13 of the By-Laws, and
(ii) A copy of the powerof-attorney appointment, executed pursuant thereto. and
(ii) Certifying that said powerof-attorney appointment is in fun force and effect,
the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof.'
I. Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cew that the fomgdfg extracts of the By-Law and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto. are bue and correct, and that both the By-law, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 27TH dayof smmw 2005 .
CHRISTINE MEAD, SECRETARY
I-c .-
974lSAEF 2/01 Q A registered trademark of SAFECO Corporation
06/09/2004 PDF
EXHIBIT B
lMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
-
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of
America, General Insurance Company of America, First National Insurance Company, American States Insur-
ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk
Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be
eligible for reimbursement of certain surety bond losses by the United States government under a formula
established by this Act.
Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that
exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act
also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of
terrorism. Losses on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement
guaranteed by #is bond, any statutes governing the terms of this bond or any generally applicable rules of law.
At this time there is no premium change resulting from this Act.
S6248 2/03
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 Titf and
whose address is
here in after 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 the North Batiquitos Interceptor Reach 6, Sea Cliff Sewer,
Access Hole Replacements, Contract No. 9001-1 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.
r
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 Mthout notice to the City.
7 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 vithdrawn by Contractor.
em %# Revised 10/08/03 Contract No. 9001-1 Page 36 of 58 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 to the Escrow Agent from the City of the default, the Escrow Agent
shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (I) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City Title FINANCE DIRECTOR
Name
Signature
Address
/-- For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
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.
em %# Revised 10/08/03 Contract No. 9001 -1 Page 37 of 58 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:
em
Revised 10/08/03
Title MAYOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
Contract No. 9001-1 Page 38 of 58 Pages
SUPPLEMENTAL PROVISIONS
FOR
NORTH BATIQUITOS INTERCEPTOR REACH 6
(SEA CLIFF SEWER)
ACCESS HOLE REPLACEMENTS
CONTRACT NO. 9001-1
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART I, GENERAL PROVISIONS
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I 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 10/08/03 Contract No. 9001 -1 Page 39 of 58 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.
a
City Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for
informal dispute resolution. r
Deputy City Engineer, Construction Management and Inspection - The Senior Inspector's
immediate supervisor and second level of appeal for informal dispute resolution.
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 IO 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
Project Inspector - the Engineer's designated representative for inspection, contract administration
and first level for informal dispute resolution.
Project Manager - The Public Works Director of the City of Carlsbad or hidher approved
representative.
em ts Revised 10/08/03 Contract No. 9001-1 Paae 40 of 58 Paaes
1-3 ABBREVIATIONS @ 1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ............................ Aprtment and Apartments
Bldg ............................ Building band Buildings
CMWD ........................ Cakbad Municipal Water District
CSSD ......................... Cakbad Supplemental Standard Drawings
cfs ............................... Cubic Feet persecond
Comm ....................... ..Commecial
DR .............................. Dimension Ratio
E ............................... ..Electic
G ................................. Gas
Gar ............................. Gaage and Garages
GNV ............................ Gound Not Visible
gpm ............................. allons perminute
IE ................................ Inwt Elevation
LCWD ....................... ..Leucadia CountyWater District
MSL ............................ Wan Sea Level (see Regional Standard Drawing M-12)
MTBM ......................... Mcrotunneling Boring Machine
NCTD ......................... Noth County Transit District OHE ............................ Overhead Electric
OMWD ....................... Olienhain Municipal Water District
ROW .......................... Rightof-Way
S ................................. Sever or Slope, as applicable
SDNR ......................... San Diego Nothern Railway
SDRSD ....................... San Diego Regional Sandard Drawing
SFM ............................ Sever Force Main
T ................................ .Blephone
UE ............................. .Undeground Electric
W ................................ Wer, Wider or Width, as applicable
WD. ......................... .\gllecitos Water District
gal ............................... Gallon and Gallons
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the
Contractor to complete 50 percent of the contract price with its own organization, the Agency may at
its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value
of the work performed in excess of 50 percent of the contract price by other than the Contractor’s
own organization. The City Council shall be the sole body for determination of a violation of these
provisions. In any proceedings under this section, the prime contractor shall be entitled to a public
hearing before the City Council and shall be notified ten (1 0) days in advance of the time and location
of said hearing. The determination of the City Council shall be final.
em
Revised 10/08/03 Contract No. 9001-1 Page 41 of 58 Pages
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is
listed in the latest wrsion of U.S. Department of Treasury Circular 570,".
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 a sum not less than one hundred percent of the total amount
payable by the terms of this contract. The Contractor shall provide bonds to secure payment of
laborers and materials suppliers in a sum not less than one hundred percent of the total amount
payable by the terms of this contract.
e
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section. ,
The faithful performance/warranty bond will be reduced to 25 percent of the ,original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and 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 un-revoked 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.
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.
instrument entitling or authorizing the person who executed the bond to do so.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include Appendix "A", Technical
Specifications. The specifications for the work also include the Standard Specifications for Public
Works Construction, (SSPWC), 2003 Edition, and the supplements thereto, (INSERT
APPROPRIATE SSPWC EDITION & SUPPLEMENT DATES) 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.
Plans for the work are provided in Appendix "B".
e= 6# Revised 10/08/03 Contract No. 9001 -1 Page 42 of 58 Pages
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 CMWDSD, as issued by
the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are
enclosed as an appendix to these Supplemental Provisions.
@
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) Contract Supplemental Provisions with Technical Specifications 3) Plans (Appendix "Bn)
4) City of Carlsbad engineering Standard, 2004 Edition 5) Supplemental Provisions.
6) State of California department of Transportation Standard Plans
7) Standard Specifications for Public Works Construction. 8) Reference Specifications.
9) Manufacturer's Installation Recommendations.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 8) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall conform to Section 01 300-Submittals
found in Appendix "A -Technical Specifications.
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 (IO) 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.
2-9 SURVEYING
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
§§ 8772 and 8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument
e= %# Revised 10/08/03 Contract No. 9001 -1 Page 43 of 58 Pages
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.
e
e% b Revised 10/08/03 Contract No. 9001-1 Page 44 of 58 Pages
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 (8'12" 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 labeled 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 §§ 8700 - 8805 of the State of California Business and Professions Code when the
Surveyor performs any surveying that such map is required under 55 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(s) of Survey(s) shall
be submitted for the Engineer's review and approval before submittal to the County Surveyor and
before submittal to the County Recorder.
0
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.
QW
Revised 10/08/03 Contract No. 9001 -1 Page 45 of 58 Pages
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
Contractor's 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.
a
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, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, "Labor Surcharge 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.
3-3.2.3 Markup, Delete sections 33.2.3 (a) and (b) and replace with the following:
(a) shall constitute the markup for all overhead and profits:
1) Labor .................................. 20
2) Materials ............................. 15
3) Equipment Rental .................. 15
4) Other Items and Expenditures ..I 5 To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
Work by Contractor. The following percentages shall be added to the Contractor's costs and
t3 Revised 10/08/03 Contract No. 9001-1 Page 46 of 58 Pages
(b) Work by Subcontractor. 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.
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.”
Date:
Company Name:
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.
4- 6# Revised 10/08/03 Contract No. 9001 -1 Paae 47 of 58 Paaes
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to e
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. Construction Manager
3. Deputy City Engineer, Construction Management and Inspection
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
20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
4- %@ Revised 10/08/03 Contract No. 9001-1 Page 48 of 58 Pages
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 agencymay 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.
0
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 15day period, any party may petition the court to appoint the mediator.
em ts Revised 10/08/03 Contract No. 9001-1 Page 49 of 58 Pages
(bX1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .I1 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 tules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) 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 party, order any witnesses to participate in the mediation or
e
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 201 04.4, 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.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
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.
*=
I ts Revised 10/08/03 Contract No. 9001-1 Page 50 of 58 Pages
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 bome by the Contractor. 0
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 theAgency.
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 stared 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. i.
SECTION 5 -- UTILITIES
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 guatanteed.
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.
tc Revised 10/08/03 Contract No. 9001 -1 Page 51 of 58 Pages
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
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:
6-1.2 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.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done consist of furnishing all labor, equipment and materials,
and performing all operations necessary to complete the Project wrok as shown on the Project Plans
and as specified in the Specifications, Section 01 01 0 provides a summary of work.
Add the following section:
6-2.2 Project Meetings. The Engineer will establish the time and location of bi-weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s
Representative”, SSPWC. No separate payment for attendance of the Contractor, the 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.
Add the following section:
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to
the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may othenvise 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@) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim(s) therefor.
Add the following section:
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within one hundred and twenty (120) working days after the starting date specified in
the Notice to Proceed.
4-
Revised 10/08/03 Contract No. 9001 -1 Page 52 of 58 Pages
8 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.
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 one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. @
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred Dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred Dollars ($500.00). 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. Poticies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. I)
em %# Revised 10/08/03 Contract No. 9001 -1 Page 53 of 58 Pages
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the m 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@) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor.
Add the following section:
7-5.1 Caltrans Encroachment Permit.
Add the following section; the City has acquired an Encroachment Permit from the State of California
Department of Transportation, (Caltrans), see Appendix “D”. Fees required for the permit transfer and
inspection shall be paid by for the Contractor. Contractor shall submit a letter to Caltrans requesting a
permit extension a minimum of 2 weeks prior to the expiration date. The costs for permit transfer and
Caltrans inspection are incidental to the Work and separate payment will be made therefore.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension if,
in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation
will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall
also be executed on weekends and other non-working days when needed to preserve the health
safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control
throughout the duration of the Contract. The Engineer may require increased levels of cleanup and
dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare
of the public. Cleanup and dust control shall be considered incidental to the items of work that they
are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
7-8.6 Water Pollution Control. .Add the following 7-8.6 Water Pollution Control. Add the
following: Contractor shall comply with the California State Water Resources ,Control Board
(SWRCB) Order Number 99-08-DWQ National Pollutant Discharge Elimination System (NPDES)
General Permit Number CAS000002, Waste Discharge Requirements (WDR’s) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted
modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans
for this project in accordance with these regulations.
In addition to the above requirements, the Contractor shall adhere to best management practices
e
ern %# Revised 10/08/03 Contract No. 9001 -1 Page 54 of 58 Pages
(BMPs) as noted on the plans, Water Pollution Control Plan (WPCP), and as detailed in the Caltrans
construction Site Best Management (BMPs) Manual, November 2000 edition.
The WPCP and excerpts form the Caltrans Construction site Best Management (BMPs) Manual
detailing the above BMPs are contained in Appendix "D". Specifically, the following minimum BMPs
shall be implemented by the Contractor.
ss-1
ss-2
SS-3 or SS-6
SC-6
sc-7
sc-10
NS-6
NS-7
NS-8
NS-9
NS-10
WM-1
INM-2
LW M-4
NM-5
NM-9
-
BMP Name
Scheduling
Preservation of Existing Vegetation
Hydraulic Mulch or Straw Mulch
Gravel Bag Berm
Street Sweeping and Vacuuming
Storm Drain Inlet Protection
Illicit Connection/lllegal Discharge Detection and Reporting
Potable Water/lrrigation
Vehicle and Equipment Cleaning
Vehicle and Equipment Fueling
Vehicle and Equipment Maintenance
Material Delivery and Storage
Material Use
Spill Prevention and Control
Solid Waste Management
e= %# Revised 10/08/03 Contract No. 9001 -1 Page 55 of 58 Pages
. 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.
The Contractor shall prepare and implement traffic control plans and shall furnish all labor and
materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work
with which they are associated and no other compensation will be allowed therefor.
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 8 -- FACILITIES FOR AGENCY PERSONNEL
(Not Applicable)
em ts Revised 10/08/03 Contract No. 9001-1 Page 56 of 58 Pages
SECTION 9 -- MEASUREMENT AND PAYMENT * 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (IO) 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 submihed supplemental payment request from the Contractor. If payment of the undisputed Supplemental payment request is not made within thirty (30) days after receipt by the Engineer] then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
0
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. ‘
ern %$ Revised 10/08/03 Contract No. 9001-1 Pane 57 of 58 Paaes
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.
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.
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate.
a
Add the following section: 0
Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefor in the bid schedule, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment
and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor.
em
Revised 10/08/03 Contract No. 9001 -1 Pane 58 of 58 Paaes
APPENDICES
APPENDIX A
- ITEM
SECTION 01 01 0
SECTION 01 300
SECTION 01 550
SECTION 021 45
SECTION 03460
SECTION 03475
APPENDIX B
APPENDIX C
APPENDIX D
0 APPENDIXE
APPENDIX F
APPENDIX G
SUMMARY OF WORK
SUBMITTALS
SITE ACCESS AND STORAGE
WASTEWATER BYPASS
PRECAST CONCRETE ACCESS HOLES
PVC LINING FOR INTERIOR SURFACE OF ACCESS HOLES
24" X 36 SITE PLAN
SUPPLEMENTAL DETAIL DRAWINGS
CALTRANS PERMIT
WPCP
RESIDENT NOTIFICATION CARD
RIGHT OF ENTRY AGREEMENT
SECTION 01010
SUMMARY OF WORK
PART 1 -- GENERAL
1.1
1.2
1.3
1.4
GENERAL
The WORK to be performed under this Contract shall consist of furnishing all plant, tools,
equipment, materials, supplies, and manufactured articles and fimishing all labor,
transportation and services, including fuel, power, water, and essential communications, and
performing all work, or other operations required for the fulfillment of the Contract in strict
accordance with the Contract Documents. The WORK shall be complete, and all work,
materials, and services not expressly indicated or called for in the Contract Documents which
may be necessary for the complete and proper construction of the WORK in good faith shall
be provided by the CONTRACTOR as though originally so indicated, at no increase in cost
to the Agency.
WORK COVERED BY CONTRACT DOCUMENTS
A. The WORK includes removing six (6) existing sewer access holes and the
installation of six (6) PVC lined, replacement access holes per the specifications and
plans of this contract. Work also includes wastewater bypass, and all other incidental
work necessary to replace the access holes and restore the surrounding area to the
pre-construction condition.
B. The WORK is located within a sewer easement paralleling Interstate 5 right-of -way
boundary line. Access to work may require encroachment onto Caltrans right-of-way
and Sea Cliff HOA property. The Contractor shall transfer the enclosed Caltrans
Encroachment Permit, Appendix “D”. The Contractor shall pay all cost for permit
transfer. Additionally a right of entry agreement with the Sea Cliff HOA is included
in Appendix “E” of this contract.
CONTRACT METHOD
The WORK, hereunder will be constructed under Schedule “A” unit prices.
WORK BY OTHERS
A. The CONTRACTOR’S attention is directed to the fact that work may be conducted at
the site by other contractors during the performance of the WORK under this
Contract. The CONTRACTOR shall conduct its operations so as to cause a
minimum of interference with the WORK of such other contractors, and shall
cooperate fully with such contractors to provide continued safe access to their
respective portions of the site, as required to perform work under their respective contracts.
JULY 2005
NBIS REACH 6
SUMMARY OF WORK
01 01 0-1
the progress of the WORK, and shall schedule the WORK so as to minimize
interference with said relocation, altering, or other rearranging of facilities.
1.5 CONTRACTOR USE OF PROJECT SITE
The CONTRACTOR'S use of the project site shall be limited to its construction operations,
including on-site storage of materials, on-site fabrication facilities, and field offices.
1.6 PROJECT MEETINGS
A. Preconstruction Conference
1. Prior to the commencement of WORK at the site, a preconstruction conference
will be held at a mutually agreed time and place which shall be attended by the
CONTRACTOR'S Project Manager, its superintendent, and its subcontractors as
the CONTRACTOR deems appropriate. Other attendees will be:
a. CONSTRUCTION MANAGER.
b. Representatives of the Agency.
c. Governmental representatives as appropriate.
d. Others as requested by CONTRACTOR, ENGINEER, or.
CONSTRUCTION MANAGER.
2. Unless previously submitted to the CONSTRUCTION MANAGER, the
CONTRACTOR shall bring to the conference one copy each of the following:
a. 60-Day Plan of Operation.
b.
c.
d.
e.
Project Overview Bar Chart Schedule.
Procurement schedule of major equipment and materials and items
requiring long lead time.
Shop Drawing/Sample/Substitute or "Or Equal" submittal
schedule.
Preliminary schedule of values (lump sum price breakdown) for
progress payment purposes.
JULY 2005
NBIS REACH 6
SUMMARY OF WORK
01010-2
B.
3. The purpose of the conference is to designate responsible personnel and establish
a working relationship. Matters requiring coordination will be discussed and
procedures for handling such matters established. The complete agenda will be
furnished to the CONTRACTOR prior to the meeting date. However, the
CONTRACTOR should be prepared to discuss all of the items listed below.
a.
b.
C.
d.
e.
f.
g. h.
1.
j-
Status of CONTRACTORS insurance and bonds.
CONTRACTOR'S tentative schedules.
Transmittal, review, and distribution of CONTRACTOR'S
submittals.
Processing applications for payment.
Maintaining record documents.
Critical work sequencing.
Field decisions and Change Orders.
Use of project site, office and storage areas, security,
housekeeping, and ENGINEER'S needs.
Major equipment deliveries and priorities.
CONTRACTOR'S assignments for safety and first aid.
4. The ENGINEER will preside at the preconstruction conference and will arrange
for keeping and distributing the minutes to all persons in attendance.
e 5. The CONTRACTOR and its subcontractors should plan on the conference taking
no less than 1 full working day. The first day will cover the items listed in
paragraph 3, and the following day@) will be spent on reviewing the plans and
specifications, in extensive detail, with the CONSTRUCTION MANAGER and
the ENGINEER.
Progress Meetings
1. The CONTRACTOR shall schedule and hold regular on-site progress
meetings at least weekly and at other times as requested by
CONSTRUCTION MANAGER or as required by progress of the WORK.
The CONTRACTOR, CONSTRUCTION MANAGER, and all
subcontractors active on the site must attend each meeting. CONTRACTOR
may at its discretion request attendance by representatives of its suppliers,
manufacturers, and other subcontractors.
2. The CONSTRUCTION MANAGER shall preside at the meetings and will
arrange for keeping and distributing the minutes. The purpose of the
meetings will be to review the progress of the WORK, maintain coordination
of efforts, discuss changes in scheduling, and resolve other problems which
may develop. During each meeting, the CONTRACTOR is required to
present any issues which may impact his work, with a view to resolve these
issues expeditiously.
JULY 2005
NBIS REACH 6
SUMMARY OF WORK
01010-3
1.7 DEFINITIONS APPLICABLE TO TECHNICAL SPECIFICATIONS
A. The following words have the meaning defined in the Technical Portions of the
WORK:
Indicated - is a word used to direct the CONTRACTOR to information contained
on the drawings or in the Specifications. Terms such as 'lshown,"
"noted," "scheduled," and "specified" also may be used to assist in
locating information but no limitation of location is implied or
intended.
Furnish - means to supply and deliver to the site, to unload and unpack ready
for assembly, installation, testing, and startup.
Install - defines operations at the site including assembly, erection, placing,
anchoring, applying, shaping to dimension, finishing, curing,
protecting, and cleaning, ready for the ENGINEER'S use.
Provide - is defined as furnish and install, ready for the intended use.
Installer - a person or firm engaged by the CONTRACTOR or its subcontract or
any subcontractor for the performance of installation, erection, or
application work at the site. Installers must be expert in the
operations they are engaged to perform.
PART 2 -- PRODUCTS Products shall comply with the specifications within this contract.
PART 3 -- EXECUTION Execution shall comply with the specifications within this contract.
JULY 2005
MIS REACH 6
** END OF SECTION **
SUMMARY OF WORK
01010-4
SECTION 01300
SUBMTITALS
1.0 GENEW
Submittals covered by these requirements include manufacturers' information, shop
drawings, test procedures, test results, samples, requests for substitutions, and miscellaneous
WORK-related submittals. Submittals shall also include, but not be limited to, all
mechanical, electrical and electronic equipment and systems, materials, reinforcing steel,
fabricated items, and piping and conduit details. The CONTRACTOR shall fiunish all
drawings, specifications, descriptive data, certificates, samples, tests, methods, schedules,
and manufacturer's installation and other instructions as specifically required in the contract
documents to demonstrate fully that the materials and equipment to be furnished and the
methods of WORK comply with the provisions and intent of the contract documents.
2.0 CONTRACTORS RESPONSIBILITIES
The CONTRACTOR shall be responsible for the accuracy and completeness of the
information contained in each submittal and shall assure that the material, equipment or
method of WORK shall be as described in the submittal. The CONTRACTOR shall venfy
that all features of all products conform to the specified requirements. Submittal documents
shall be clearly edited to indicate only those items, models, or series of equipment, which
are being submitted for review. All extraneous materials shall be crossed out or otherwise
obliterated. The CONTRACTOR shall ensure that there is no conflict with other submittals
and notify the ENGINEER in each case where his submittal may affect the WORK of
another CONTRACTOR or the OWNER. The CONTRACTOR shall coordinate submittals
among his subcontractors and suppliers including those submittals complying with unit
responsibility requirements specified in paragraph 1 1000-1.02 C and applicable technical
sections.
The CONTRACTOR shall coordinate submittals with the WORK so that WORK will not
be delayed. He shall coordinate and schedule different categories of submittals, so that one
will not be delayed for lack of coordination with another. No extension of time will be
allowed because of failure to properly schedule submittals. The CONTRACTOR shall not
proceed with WORK related to a submittal until the submittal process is complete. This
requires that submittals for review and comment shall be returned to the CONTRACTOR
stamped "No Exceptions Taken'' or "Make Corrections Noted."
The CONTRACTOR shall certify on each submittal document that he has reviewed the
submittal, verified field conditions, and complied with the contract documents.
The CONTRACTOR may authorize in writing a material or equipment supplier to deal
directly with the ENGINEER or with the OWNER with regard to a submittal. These
dealings shall be limited to contract interpretations to clarify and expedite the WORK.
JULY 2005
NBIS REACH 6
SUBMITTALS
01 300-1
3.0 CATEGORIES OF SUBmALS
A. GENERAL:
Submittals fall into two general categories: submittals for review and comment, and
submittals which are primarily for information only. Submittals which are for
information only are generally specified as PRODUCT DATA in Part 2 of
applicable specification sections.
At the beginning of WORK, the ENGDEER will furnish the CONTRACTOR lists
of those submittals specified in the project manual. Two separate lists will be
provided: submittals for review and comment and product data (submittals) for
information only.
B. SUBMITTALS FOR REVIEW AND COMMENT:
All submittals except where specified to be submitted as product data for
information only shall be submitted by the CONTRACTOR to the ENGINEER for
review and comment.
C. SUBMITTALS (PRODUCT DATA) FOR INFORMATION ONLY:
Where specified, the CONTRACTOR shall furnish submittals (product data) to the
ENGINEER for Information only. 0
4.0 TRANSMITTAL PROCEDURE
A. GENERAL:
Unless otherwise specified, submittals regarding material and equipment shall be
accompanied by Transmittal Form 01300-A specified below.
JULY 2005
NBIS REACH 6
SUBMITTALS
01300-2
0 1300-A. SUBMITTAL, TRANSMITTAL FORM:
SUBMITTAL TRANSMITTAL
OWNER
PROJECT:
CONTRACTOR - Submittal Description: Submittal No:
Spec Section:
Routing Sent Received
Contractor/CM
Ch4/Engineer
Engineer/CM
C h4lContractor
Item
We are sending you OAttached UUnder separate cover via 0 Submittals for review and comment
Elproduct data for information only
Review Section Review Reviewer comments
Copies Date No. Description action' initials attached
-
'Note: NET = No exceptions taken; MCN = Make corrections noted; A&R = Amend and resubmit; R = Rejected Attach additional sheets if necessary.
Contractor
Certify either A or 8:
A.
B.
We have verified that the material or equipment contained h this submittal meets all the requirements, including
coordination with all related WORK, specified (no exceptions).
We have verified that the material or equipment contained in this submittal meets all the requirements specified except for the attached deviations.
- NO. Deviation
Certified by:
Contractor's Signature
See paragraph 01 300-4.0 A, Transmittal Procedure. 1
~~~ ~ NOVEMBER 2003
NBLS IMPROVEMENTS
SUBMITTALS
01300-3
A separate form shall be used for each specific item, class of material, equipment, and items
specified in separate, discrete sections, for which the submittal is required. Submittal
documents common to more than one piece of equipment shall be identified with all the
appropriate equipment numbers. Submittals for various items shall be made with a single
form when the items taken together constitute a manufacturer's package or are so
functionally related that expediency indicates checking or review of the group or package as
a whole.
A unique number, sequentially assigned, shall be noted on the transmittal form
accompanying each item submitted. Original submittal numbers shall have the following
format: "XXX"; where "XXX" is the sequential number assigned by the CONTRACTOR.
Resubmittals shall have the following format: "XXX-Y"; where "XXX" is the originally
assigned submittal number and "Y" is a sequential letter assigned for resubmittals, Le., A, B,
or C being the Ist, 2nd, and 3rd resubmittals, respectively. Submittal 25B, for example, is
the second resubmittal of submittal 25.
B. DEVIATION FROM CONTRACT:
If the CONTRACTOR proposes to provide material, equipment, or method of
WORK which deviates from the project manual, he shall indicate so under
"deviations" on the transmittal form accompanying the submittal copies.
C. SUBMITTAL COMPLETENESS:
Submittals which do not have all the information required to be submitted, including
deviations, are not acceptable and will be returned without review.
5.0 REVIEW PROCEDURE
A. GENERAL,:
Submittals are specified for those features and characteristics of materials,
equipment, and methods of operation which can be selected based on the
CONTRACTORS judgment of their conformance to the specified requirements.
Other features and characteristics are specified in a manner which enables the
CONTRACTOR to determine acceptable options without submittals. The review
procedure is based on the CONTRACTOR'S guarantee that all features and charac-
teristics not requiring submittals conform as specified. Review shall not extend to
means, methods, techniques, sequences or procedures of construction, or to verifjmg
quantities, dimensions, weights or gages, or fabrication processes (except where
specifically indicated or required by the project manual) or to safety precautions or
programs incident thereto. Review of a separate item, as such, will not indicate
approval of the assembly in which the item functions.
NOVEMBER 2003
NBLS IMPROVEMENTS
SUBMITTALS
01300-4
When the contract documents require a submittal, the CONTRACTOR shall submit
the specified information as follows:
1. Six copies of all submitted information plus one reproducible original of all
information shall be transmitted with submittals for review and comment,
2. Unless otherwise specified, six copies of all submitted information shall be
transmitted with submittals (Product Data) for information only.
B. SUBMITTALS FOR REVIEW AND COMMENT:
Unless otherwise specified, within 20 working days after receipt of a submittal for
review and comment, the ENGINEER shall review the submittal and return three
copies of the marked-up reproducible original noted in 1 above. The reproducible
original will be retained by the ENGINEER. The returned submittal shall indicate
one of the following actions:
1. If the review indicates that the material, equipment or WORK method
complies with the project manual, submittal copies will be marked "NO
EXCEPTIONS TAKEN." In this event, the CONTRACTOR may begin to
implement the WORK method or incorporate the material or equipment
covered by the submittal.
2. If the review indicates limited corrections are required, copies will be
marked "MAKE CORRECTIONS NOTED." The CONTRACTOR may
begin implementing the WORK method or incorporating the material and
equipment covered by the submittal in accordance with the noted
corrections. Where submittal information will be incorporated in O&M data,
a corrected copy shall be provided.
3. If the review reveals that the submittal is insufficient or contains incorrect
data, copies will be marked "AMEND AND RESUBMIT." Except at his
own risk, the CONTRACTOR shall not undertake WORK covered by this
submittal until it has been revised, resubmitted and returned marked either
"NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED."
4. If the review indicates that the material, equipment, or WORK method does
not comply with the project manual, copies of the submittal will be marked
"REJECTED - SEE REMARKS." Submittals with deviations which have
not been identified clearly may be rejected. Except at his own risk, the
CONTRACTOR shall not undertake the WORK covered by such submittals
until a new submittal is made and returned marked either "NO
EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED."
NOVEMBER 2003
NBLS IMPROVEMENTS
SUBMITTALS
01300-5
C. SUBMTTTALS (PRODUCT DATA) FOR INFORMATION ONLY:
Such information is not subject to submittal review procedures and shall be provided
as part of the WORK under this contract and its acceptability determined under
normal inspection procedures.
6.0 EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS
Review of contract drawings, methods of WORK, or information regarding materials or
equipment the CONTRACTOR proposes to provide, shall not relieve the CONTRACTOR
of his responsibility for errors therein and shall not be regarded as an assumption of risks or
liability by the ENGINEER or the OWNER, or by any officer or employee thereof, and the
CONTRACTOR shall have no claim under the contract on account of the failure, or partial
failure, of the method of WORK, material, or equipment so reviewed. A mark of
"NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" shall mean that the
OWNER has no objection to the CONTRACTOR, upon his own responsibility, using the
plan or method of WORK proposed, or providing the materials or equipment proposed.
NOVEMBER 2003
NBLS IMPROVEMENTS
END OF SECTION
SUBMITTALS
01300-6
SECTION 02 145
SEWER BYPASSING AND DEWATERING
PART l--GENERAL
1.01 DESCRIPTION
A. . SCOPE:
This section specifies the requirements for temporary bypassing and dewatering
of sewers.
B. REQUIREMENTS:
The work of this Section includes the requirements for installation of a sewer bypass
system to be used to temporarily divert trunk sewer flows around sections of the
project under construction in conformance with these specifications and the contract
documents. Due to the volume of sewage flow in the sewer line, and sensitive
environmental habitats, at no time will the bypass system be allowed to fail as
described in this Section. The Contractor shall take all precautions and steps
necessary to maintain the bypass system 24 hours a day while the project is under
construction. Any spills or flow of sewage other than through the bypass system and
trunk sewer shall result in immediate shutdown of the project and the Contractor will
incur liquidated damages. The Contractor will be required to clean up all spills per
direction of the City or other governing agencies. All cost for cleanup of spilled
sewage will be borne by the Contractor. The Contractor shall meet with the
Engineer and City prior to placement of the bypass system, but after submittal to and
review by the Engineer and City of the bypass plan, in order for all parties to review
and raise concerns over the plan and system. Forty-eight hours prior to
implementation of the approved bypass plan, the Contractor shall contact the City to
coordinate shutting down the upstream pump station to facilitate installation of the
bypass system.
1.02 SUBMITTALS
Within 21 days of notice to proceed, the CONTRACTOR shall submit, in accordance with
Section 01300, drawings and complete design data showing methods and equipment he
proposes to utilize in sewer bypassing and dewatering. The submittal shall include the
following:
A. Sewer Bvpass Plan: A sewer bypass plan shall be submitted to the Engineer for
approval. The sewer bypass system plan and calculations shall be prepared and
stamped by a civil engineer registered in the State of California. Approval must be
attained prior to placement of any bypass equipment on the project. The sewer
bypass plan shall include, but not be limited to the following:
1) Drawings showing the location of piping, all appurtenances, trunk sewer
jJULY 2005
NBIS IMPROVEMENTS
SEWER BYPASSING AND DEWATERING
02145-1
B.
main and lateral connections, etc. Calculations showing that the proposed bypass system meets the design capacity requirements of this Section.
Name and manufacturer designation of equipment used in sewer bypass system. Name, address, phone and fax number, e-mail, and contact name of bypass system manufacturer, or representative. Emergency sewer bypass contingency plan including outlining measures for preventing spills and containment measures in the event of a spill.. Name, address, and phone number of all personnel in-charge of and
overseeing bypass system, and all personnel maintaining bypass system.
Name, address, phone number, and pager number of two (2) contacts employed by the Contractor that can be called by the City, Engineer, or other appointed representative for emergencies 24 hours a day.
Sewer Bvpass Meeting: The Contractor, City, and Engineer shall meet at a designated date and location set by the Engineer and City, after submittal and review of the bypass system plan by the Engineer and City. This meeting will be conducted
by the Engineer and City. This meeting is designed to allow both the Contractor, City, and Engineer to discuss issues and concerns on the bypass system and plan. Final approval of the bypass system plan will not take place until completion of the meeting and all changes to the plan required by the Engineer and City are met by the Contractor.
2)
3)
4)
5)
6)
7)
1.03 JOB CONDITIONS
A. AVAILABLE DATA:
The peak dry weather flow rate influent to the lift station upstream of this work (North Batiquitos Lift Station ) is 1.47 million gallons per day (MGD). The peak wet weather flow rate is 2.16 MGD. The bypass system design must meet a maximum
flow of 1,500 gallons per minute. The approximate retention capacity of the emergency storage reservoir is 121,000 gallons. The use of this information in no
way relieves the CONTRACTOR fiom his responsibility for design, construction, and operation of an adequate and properly hctioning bypass and dewatering system. Any additional testing or gathering of flow data are the responsibility of the CONTRACTOR.
B. PROTECTION:
Where bypassing is required, the CONTRACTOR shall ensure that service for connecting laterals is not disrupted. All bypassed flow shall be discharged into the
lift station emergency storage reservoir. No bypassing to the ground surface, receiving streams, storm drains, or bypassing which results in groundwater or surface water contamination or potential environmental or health hazards shall be permitted. The CONTRACTOR shall provide spill containment to prevent spilled wastewater from reaching the Batiquitos Lagoon.
jJULY 2005
NBIS IMPROVEMENTS
SEWER BYPASSING AND DEWATERING
02 145-2
C. SCHEDULING:
The bypassing and dewatering systems shall not be shut down between shifts, on
holidays or weekends, or during WORK stoppages without written permission fiom
the Engineer.
PART 2--PRODUCTS
A. GENEW:
The Contractor shall furnish and install all sewer bypass system equipment required
for construction of the Project per the Contract Documents. The sewer bypass
system shall include all pipe, pumps, power sources, and stand-by equipment to
provide a complete and operable system to bypass the entire flow of the trunk sewer
system, as specified and shown on the Contract Documents.
PART 3--EXECUTION
3.01
3.02
3.03
3.04
SEWER BYPASSING
A. GENERAL:
Sewer bypassing shall be accomplished by pumping or diverting the upstream flow
around the CONTRACTOR’S WORK or as directed by the Engineer.
The bypass system shall be installed with redundancy or contingency plan to the
satisfaction of the Engineer. No bypass shall be implemented prior to approval of
plans by the Engineer.
STANDBY EQUIPMENT
The CONTRACTOR shall maintain on site sufficient equipment and materials to ensure
continuous and successll operation of the bypass and dewatering systems, Standby pumps
shall be fkeled and operational at all times. Standby pumps shall be connected to the lift
station bypass piping by means of a manifold, and designed to operate should the main
pumps fail. The CONTRACTOR shall maintain on site a sufficient number of valves, tees,
elbows, connections, tools, sewer plugs, piping and other parts or system hardware to ensure
immediate repair or modification of any part of the system as necessary.
DAMAGES
The CONTRACTOR shall repair without cost to the OWNER any damage that may result
from his negligence, inadequate or improper installation, maintenance and operation of
bypassing and a dewatering system including mechanical or electrical failures.
PENALTIES
jJULY 2005
NBIS IMPROVEMENTS SEWER BYPASSING AND DEWATERING
02 145-3
Bypassing of untreated or partially treated sewage to surface waters or drainage courses is
prohibited during construction. In the event accidental bypassing is caused by the CONTRACTOR'S operations, the OWNER shall immediately be entitled to employ others
to stop the bypassing without giving written notice to the CONTRACTOR.
Penalties imposed on the OWNER as a result of any bypass caused by the actions of the
CONTRACTOR, his employees, or subcontractors, shall be borne in full by the
CONTRACTOR, including legal fees and other expenses to the OWNER resulting directly
or indirectly from the bypass. .
END OF SECTION
jJULY 2005
NBIS IMPROVEMENTS
SEWER BYPASSING AND DEWATERING
02 145-4
SECTION 03460
PRECAST CONCRETE ACCESS HOLES
PART 1: GENERAL
1.1 DESCRPTION
Precast concrete access holes shall be constructed in accordance with the design, size and details
and at the locations shown on the Plans. Specifications for relative work are as follows:
ASTM C478, Concrete; ASTM A48, Gray-Iron Castings; California Construction Safety Orders
Article 4, Section 1532, Confined Spaces.
1.2 RELATED WORK DESCRIBED ELSEWHERE
The Contractor shall refer to the following Specification section(s) for additional requirements:
A. Shop Drawing Submittals: 01300
B. PVC Lining for Interior Concrete Surface of Machines: 03475
1.3
1.4
SUBMITTALS
Contractor shall furnish submittals in accordance with the requirements of Section 01 300, Shop
Drawing Submittals. The following submittals are required:
A. Submit Shop Drawings of the precast access hole.
B. Transition Couplings
PAYMENT
Payment for the Work in this section shall be included as part of the lump-sum or unit-price bid
amount for which such Work is appurtenant thereto.
PART 2: MATERTALS
2.1 PRECAST ACCESS HOLES
Precast reinforced concrete access hole riser and tops shall be constructed of Class A concrete and
shall conform to the Specifications of ASTM C478, except as herein modified. The minimum
allowable steel shall be hoops of No. 4 wire, to be cast into each unit at adequate places as a
precautionary measure for handling. Access hole components shall be designed for H-20 highway
loads and site soil conditions.
JULY 2005
MIS REACH 6
PRECAST CONCRETE ACCESS HOLES
03460-1
2.2
2.3
The minimum nominal shell thickness for formed and vibrated sections shall be 1/8 of the internal
diameter of the riser or largest cone diameter. Access holes shall be fabricated only from eccentric
taper sections and standard cylinder units of the proper internal diameter. Access hole sections
shall be cast without galvanized steel ladder rungs unless otherwise shown on the Plans,
Precast access holes shall be furnished with a PVC lining (T-lock) system per Section 03475.
Precast concrete access holes shall be manufactured by Associated Concrete Products, heron,
Southwest Concrete Products, Inland Concrete Products, or approved equal.
DROP ACCESS HOLES
The materials and construction of drop access holes shall conform to the applicable provisions of
the Specifications for precast access holes (including frames and covers), except as herein modified
by Specifications and/or Plans. Drop access hole sections shall be lined with an epoxy lining as
manufactured by Armco T-plate or approved equal.
ACCESS HOLE FRAMES AND COVERS
Castings for frame and cover sets shall conform to the requirements for gray iron castings in ASTM
A48 for Class 30 castings. Frames and covers shall be designed for H-20 loading. Before leaving
the foundry, all castings shall be thoroughly cleaned and subjected to a hammer inspection, after
which they shall be dipped twice in a preparation of asphalt or coal tar and oil applied at a
temperature of not less than 290" F nor more than 3 10" F and in such a manner as to form a firm
and tenacious coating. Each cover shall be ground or otherwise finished so that it will fit in its
frame without rocking, and frames and covers shall be match-marked in sets before shipping to the
site. Covers shall have the word "CITY OF CARLSBAD" and "SEWER' and the specified
lettering cast thereon as shown on the Plans per City Standard Drawing S-4. No other lettering on
the top side will be permitted.
PART 3: EXECUTION
3.1
3.2
GENERAL
Access hole locations are fixed and cannot be moved to accommodate pipe manufacturing or
laying. If necessary, special lengths will be provided to meet access hole location requirements.
WORK WITHIN EXISTING ACCESS HOLES
Any proposed Work inside an existing access hole, which is part of a sewage system in service,
shall not be undertaken until all the tests and safety provisions of Article 4, Section 1532 "Confined
Spaces" State of California Construction Safety Orders have been made.
JULY 2005
NBIS REACH 6
PRECAST CONCRETE ACCESS HOLES
03460-2
3.3 EXCAVATION
e The Contractor shall prepare an excavation large enough to accommodate the structure and permit
grouting of openings and backfilling operations. Earthwork shall conform to Section 02200,
Earthwork, except as herein modified.
3.4 ACCESS HOLE BASE
The access hole base shall be poured in place against undisturbed soil with Class A portland
cement concrete. The access hole stubs and sewer main shall be set before the concrete is placed
and shall be rechecked for alignment and grade before the concrete has set. The various sized inlets
and outlets to the access hole shall be located as indicated on the Plans. The access hole base shall
extend 12-inches below the bottom of the lowest pipe.
Invert elevations of connecting sewers may vary depending upon sizes. The crown elevation of all
pipes shall be the size as the crown elevation of the largest pipe unless otherwise indicated on the
Plans.
The invert of the access hole base shall be hand worked so as to provide channels conforming in %
size and shape to the lower portions of the inlets and outlets. The channel shall vary uniformly in
size and shape from inlet to outlet, and be constructed higher than pipe as indicated on the Plans.
The access hole invert channels shall be smooth and accurately shaped. Channels may be formed
directly in the concrete base. Straight through channels in access holes with not tributaries may be
constructed with SDR 35 PVC pipe through the access hole. The top section of pipe shall be
removed flushwith top of the self and with the top edge beveled, sloping inward toward the center
of the pipe. All cuts shall be neat and dressed minimizing burrs and rough edges
In cases where replacing access holes, transitioning to the existing upstream and downstream
pipelines requires that the Contractor provide a submittal for the transition plan and the products to
be used, for the Engineer approval.
All transitions shall be smooth and of the proper radius to give an uninterrupted transition of flow.
The concrete base shall be shaped with a wood float and shall receive a hard-steel trowel finish
prior to the concrete setting. In the event additional mortar is required after initial set has taken
place, the surface to receive the mortar shall be primed, and the mortar mixed with "Willhold
Concrete Adhesive" in the amounts and proportions as recommended by the manufacturer and as
directed by the Engineer in order to secure as chip-proof a result as possible. The bases shall set a
minimum of 24 hours before the access hole construction is continued. In certain critical situations
the time of setting may be reduced upon approval of the Engineer.
3.5 ACCESS HOLES
Each access hole section shall be set in a bed of mortar with butyl rubber sealant (Std Dwg S 1A) to
make a watertight joint, shall be neatly banded on the inside and out, and shall be set perfectly
plumb. Sections of various height grade rings shall be used in order to bring the top of the access
hole ring and cover to the elevation established on the Plans, but limited to maximum of 18-inches
of grade ring unless otherwise instructed by the Engineer. The precast concrete access hole rings
JULY 2005
NBIS REACH 6
PRECAST CONCRETE ACCESS HOLES
03460-3
3.6
3.7
3.8
3.9 0
shall be jointed with a minimum thickness of %-inch of portland cement mortar along with the
butyl rubber sealant.
Mortar shall be composed of one part portland cement to two parts of clean well-graded sand of
such size that all pass a No. 8 sieve. Cement, aggregate, and water for mortar shall conform to the
applicable provisions of Section 03300, Concrete Construction. Preformed, cold-applied, ready-to-
use plastic joint sealing compound may be substituted for mortar between units and must be used
when groundwater is encountered.
The finished elevations at which access hole frames and covers are to be set shall conform to the
requirements set forth on the Plans, but in all cases shall be governed by the Engineer in the field.
Where the frame and cover are in existing pavement or in the traveled way of the existing road
shoulder, it is to be placed flush with the existing surface. Where the structure is outside the limits
of the traveled shoulder but not in the roadside ditch, it should be placed l/lO-foot above the
existing ground surface. Where the access hole cover falls in the existing roadside ditch or
easement right-of-way "offsite," it is to be placed approximately 18-inches above the existing
ground surface or as directed by the Engineer. Access hole frames shall be set at the required grade
and shall be securely attached to the top precast access hole shaft unit with a cement-mortar bed
and fillet as shown on the Plans. After the frames are securely set in the place provided herein,
covers shall be installed and, all necessary cleaning and scraping of foreign materials from the
frames and covers shall be accomplished to ensure a fine satisfactory fit.
ACCESS HOLE STUBS AND STOPPERS
Sewer pipe shall be furnished and installed in access holes at the locations and in conformance with
the Plans. AI1 stubs shall be plugged with stoppers or brick walI plugs as shown on the Plans for
various sizes of pipe. Where new construction is started at the stub of an existing access hole, the
Contractor shall brick the opening into the access hole before he removes the plug or stopper ftom
the stub. Said bricked opening shall remain in place until the Contractor has tested and completed
the Work.
BULKHEADING ACCESS HOLE STUB CHANNELS
Brick and mortar bulkheads shall be installed by the Contractor at the downstream end of all
unused stub channels over 5-feet in length to prevent the creation of a septic condition resulting
from ponding of sewage and debris in the unused channels, until such time as the access hole stub
is connected and normal sewage flow can occur. On short stub only a plug Will be required.
PLUGGING UPSTREAM END OF THE NEW SEWER
In order to prevent accidental use of the new sewer prior to completion and acceptance, the inlet to
existing tie-in access holes shall be sealed with broken brick and mortar. Installation ofthese plugs
shall be approved by the Engineer. Plugs shall be removed at the time of final inspection or as
directed by Engineer.
DAMP-PROOFING
JULY 2005
NBIS REACH 6
PRECAST CONCRETE ACCESS HOLES
03460-4
3.10
3.1 1
3.12
At the discretion of the Engineer, Damp-proofing material shall be applied to the exterior surfaces
of access holes in accordance with the manufacturer’s recommendations. The material shall be
applied to all exterior surfaces below a point one foot above the water table or indications of
seepage or moisture as directed by the Engineer (Std Dwg SlA).
BACKFILL
Select backfill material consisting of clean sand shall be used around all access holes. It shall be
consolidated by water jetting or compacted by pneumatic tampers to obtain a relative density of
95% unless otherwise specified on the Plans.
CONCRETE RING
A Class B concrete ring shall be cast around access hole frames that are flush with the surface as
shown on the Plans. The ring shall be placed after final grading or paving together with final
cleanup.
WATERTIGHTNESS OF ACCESS HOLES
A. General: It is the intent of the Specifications that access holes and appurtenances be watertight
and free fiom infiltration. All access holes are to be banded both inside and outside with
cement-mortar grout. Where access holes are to be given a protective lining or coating, they
shall be free of any seeping or surface moisture. The adequacy of access holes and
appurtenances as to watertightness shall be determined by the Engineer and shall be tested by
filling with water. .
B. Access hole Test: Watertightness of access holes may be tested in connection with tests of
sanitary sewers or at the time the access hole is completed and backfilled. The Contractor
shall plug all inlets and outlets with approved stoppers or plugs and fill the access hole to the
limits indicated below. Any evidence of leakage as a result of testing shall be repaired to the
satisfaction of the Engineer.
The access hole shall be filled with water to an elevation 1 -foot below the start of the cone
section, with a minimum depth of 4-feet and a maximum depth of 20-feet.
The water shall stand in the access hole for a minimum of one hour to allow the access hole
material to reach maximum absorption. After the one-hour period has elapsed, the Contractor
shall refill the access hole to the original depth and the drop in water surface shall be recorded
after a period of from fifteen minutes to one hour has elapsed (said time of the test shall be
determined by the Engineer and shall be varied by the Engineer to fit the various field
conditions).
The maximum allowable drop in the water surface shall be %-inch for each 15-minute period
of testing. Even though the leakage is less than the specified amount, the Contractor shall stop
any leaks that may be observed to the satisfaction of the Engineer.
JULY 2005
NBIS REACH 6
PRECAST CONCRETE ACCESS HOLES
03460-5
C. Vacuum Testing of Access holes: At the owner’s option the access holes may be vacuum tested
in lieu of water test. Vacuum testing shall include the following:
1. Vacuum testing equipment shall be as manufactured by P.A. Glazier, Inc. or approved
equal.
2. Access holes shall be tested after assembly and prior to mortaring the joints or
backfilling. In case of access holes incorporating a PVC liner, the testing is to take
place prior to mortaring the joints, welding the linear seams between sections or
backfilling.
3. All lift holes shall be plugged with an approved grout prior to testing.
4. All pipes entering the access hole shall be plugged, and bracing installed, to prevent the
plug from being drawn into the access hole.
5. The test head shall be placed inside the top of the cone section and the seal inflated in
accordance with the manufacturer’s recommendations.
6. A vacuum of 10 inches of mercury shall be drawn. The time shall be measured for the
vacuum to drop to 9 inches. The access hole shall pass the test if the time taken for the
drop is greater than 60 seconds.
7. If the access hole fails the test, necessary repairs shall be made and the test repeated
until acceptable results are obtained. The leak(s) shall be located and repaired
according to their nature with material-in-kind.
3.13 CONNECTIONS TO EXISTING ACCESS HOLES
New connections to existing access holes wherein stubs have not been provided shall be made by
core drilling through the walls and base as directed by the Engineer.
END OF SECTION
JULY 2005
NBIS REACH 6
PRECAST CONCRETE ACCESS HOLES
03460-6
SECTION 03475
PVC Ll"G FOR INTERIOR CONCRETE SURFACE OF ACCESS HOLES
PART 1 - GENERAL.
1.1 DESCRIPTION
This section covers the work necessary to furnish and install, complete, PVC lining (white
color) for concrete surfaces that are exposed to sewage immersion or sewage atmosphere, as
indicated on the drawings or specified herein.
The manufacturer of the lining shall furnish an affidavit attesting to the successful use of its
material as a lining for sewer pipes or sewage containment structures for a minimum period of
IO years in sewage conditions recognized as corrosive or otherwise detrimental to concrete,
1.2 RELATED WORK DESCRIBED ELSEWHERE
The Contractor shall refer to the following Specification section(s) for additional requirements:
A. Shop Drawing Submittals: 01300
B. Precast Concrete Access holes: 03460
1.3 SUBMITTALS
The Contractor shall furnish in accordance with the requirements of Section 01300, Shop
Drawing Submittals. Submittals shall include the following:
A. Shop Drawings, material lists, manufacturer's literature, catalog cuts and other
information.
B. Submit an affidavit from the liner manufacturer that all delivered materials comply with
the requirements of the Plans and Specifications.
1.4 PAYMENT
Payment for the Work in this section shall be included as part of the lump-sum or unit-price bid
amount for which such Work is appurtenant thereto.
JULY 2005
NBIS REACH 6
PVC LINING FOR INTERIOR CONCRETE
SURFACE OF ACCESS HOLES
03475-1
PART 2 - MATERIALS
2.1 GENERAL a
PVC liner shall be of two (2) types:
Type 1 shall have locking extensions and shall be used for formed or vertical surfaces.
Type 2 shall poJ have locking extension (it will be plain sheet), and shall be used for unformed
or horizontal surfaces.
Type 1 PVC liner shall be installed on the interior concrete surface of the access hole.
Type 2 PVC liner shall be used on the unformed concrete fillet areas of the access hole.
If not otherwise specified hereinafter, undifferentiated references to “PVC Liner” shall be
understood to refer to both Type 1 and Type 2 liner.
Type 1 PVC liner shall be secured to the underlying surface by means of its locking extensions,
Type 2 PVC liner shall be secured to the underlying surface primarily by means of an adhesive
as recommended by the PVC liner manufacturer. The adhesive anchorage shall be augmented
by stainless steel expansion anchors. The mechanical anchorage system (including sealing
materials, batten strips and other accessories) shall be as recommended by the manufacturer.
Explosive-drive anchors shall not be used for this purpose. Anchors shall be Type 304 stainless
steel “Lite Spike” (3/16-inch diameter x 1 %-inch long with EPDM sealing washer) installed in
a drilled hole per the anchor manufacturer’s recommendations.
The anchor manufacturer shall be Rawlplug Company (Anaheim, California) or approved
equal.
Anchor holes shall be sealed using Sikadur No. 31 (Sika Corporation; Santa Barbara,
California) or “Concressive Past LPL” (Master Builders; Cleveland, Ohio). A sealing agent
such as Sikaflex 1A that does not setup and harden shall not be used. A four inch (4”) wide
joint strip shall be welded over all mechanical anchors to seal them fiom contact with the
sewage. Us e heron’s one inch (1”) wide weld strip on both sides of the four inch (4”) wide
joint strip to seal it to the underlying her-Plate. The seal shall be continuous and watertight
along its entire length. A single, continuous piece of joint strip shall be provided to cover each
row of anchors.
2.2 COMPOSITION OF LINER
The material used in the liner and in all joint, corner and welding strips shall be a combination
of poly (vinyl chloride) resin, pigments and plasticizers, specially compounded to remain
flexible. Poly (vinyl chloride) resin shall constitute not less than 99 percent, by weight, of the
resin used in the formation. Copolymer resins will not be permitted.
JULY 2005
NBIS REACH 6
PVC LINING FOR INTERIOR CONCRETE
SURFACE OF ACCESS HOLES
03475-2
All plastic liner plate sheets, joint, comer, and welding strips shall nave the following physical
properties when tested at 77" F* 5".
Properol Initial Jpar.2.4)
Tensile Strength 2,200 psi min. 2,100 psi min.
Shore Durometer
Elongation at Break 200% min. 200% min.
Type D 1-spec. 50-60 h5 with respect to
h5 initial test result 10-spec. 35-50 Weight Change k1.5%
Tensile specimens shall be prepared and tested in accordance with ASTM D412 using die.
Weight change specimens shall be 1-inch by 3-inch sample of the sheet thickness. Specimens may be taken from sheet and strip at any time prior to final acceptance of the work.
Liner plate locking extensions embedded in concrete shall withstand a test pull of at least 100 pounds per linear inch, applied perpendicularly to the concrete surface for a period of one
minute, without rupture of the locking extensions or withdrawal form embedment. This, test shall be made at a temperature of 70-80°F inclusive.
All plastic liner plate sheets, including locking extensions, all joint, corner, and welding strips
shall be fiee of cracks, cleavages, or other defects adversely affecting the protective
characteristics of the material. The Engineer may authorize the repair of such defects by
approved methods.
The lining shall have good impact resistance, shall be flexible, and shall have an elongation suffkient to bridge up to %-inch settling cracks, which may occw in the pipe, joint of structure
after installation, without damage to the lining.
The lining shall be repairable at any time during the life of the pipe or structure.
2.3 CHEMICAL RESISTANCE TESTING
After conditioning to constant weight at 1 1 O'F, tensile specimens and weight change specimens
shall be exposed to the following solutions for a period of 1 12 days at 77*F*5.
At 30 day intervals, tensile specimens and weight change specimens shall be removed fkom each of the chemical solutions and tested in accordance with Paragraph 2.3.2. If any specimen fails to meet the 1 12-day requirements before completion of the 112-day exposure, the materials will be subject to rejection.
CHEMICAL SOLUTION CONCENTRATION
Sulfuric Acid .................................................................... 20%* Sodium hydroxide ................................................................. 5%
Ammonium hydroxide ........................................................ 5%* Nitric acid ............................................................................. 1% Ferric chloride ....................................................................... 1 % Soap ................................................................................... 0.1% Detergent (linear alkyl benzyl sulfonate or LAS) .............. 0.1%
Bacteriological .............................................. BOD not less than 7OOppm * Volumetric percentages of concentrated CP grade reagents.
JULY 2005
NBIS REACH 6
PVC LINING FOR INTERIOR CONCRETE
SURFACE OF ACCESS HOLES
03475-3
2.4 DIMENSION OF BASIC SIZE SHEET (4-FOOT WIDTHS)
Type 1 linear sheets shall be minimum of 0.065-inch in thickness. Locking extensions
(T-shaped) of the same materials as that of the liner shall be integrally extruded with the sheet.
Locking extensions shall be approximately 2.5-inches apart and shall be at least 0.375-inches
high. Type 2 liner sheets shall be 3/32-inch in thickness. Liner sheets shall be white in color.
0
Sheets shall have a nominal width of 48-inches and a length of not more than 24-feetY except that
longer lengths may be supplied on special order. Lengths specified shall include a tolerance at a
ratio of &%-inch for each 100-inches.
Sheets no used for shop fabrication into larger sheets shall be shop tested for pinholes using an
electrical spark tester set at 20,000 volts minimum. Any holes shall be repaired and retested.
2.5 MANUFACTURER
Liner and accessories shall be her-Plate Y T-Lock liner, Amer-Plate plain sheet liner, her-
Plate 94Y welding strips, and Amer-Plate 19Y adhesive system (thinner, primer and adhesive) as
manufactured by heron Protective Linings Division (Brea, California) or approved equal.
PART 3 - EXECUTION
3.1 INSTALLATION a - Installation of the lining, including preheating of sheets in cold weather and the welding of all
joints, shall be done in accordance with the recommendations of the manufacturer.
Coverage of the lining shall not be less than the minimum shown on the Plans or specified herein.
The plain sheet PVC liner shall be welded to the PVC wall liner around the entire periphery of
the protected strictures.
The lining shall be installed with the locking extensions running vertically except for where
horizontal locking extensions are recommended by the PVC liner manufacturer to seal liner
terminations.
The lining shall be held snugly in place against inner forms by means of steel banding straps or
other means recommended by the manufacturer. Banding straps must be located in the precut
channels to prevent crushing or tilting of the locking extensions.
If banding straps are used, a steel channel, angle, or bar may be inserted along the edge locking
extension of each liner for concrete pipe or cast-in-place structures. Steel channel, angle, or bar
shall be of sufficient stiffness to hold the longitudinal edges of the lining snugly against the form.
These may be removed after the concrete is vibrated into place.
Locking extensions shall terminate not more than one and one-half inches (1 W’) from the end of
the formed wall section. When used, joint flaps shall extend approximately four inches (4”) beyond the end of the inside surface.
D
JULY 2005
NBIS REACH 6
PVC LINING FOR INTERIOR CONCRETE
SURFACE OF ACCESS HOLES
03475-4
Concrete poured against the PVC liner shall be vibrated, spaded, or compacted in a careful
manner so as to protect the lining and produce a dense, homogenous concrete, securely anchoring
and locking extensions into the concrete.
In removing forms, care -should be taken to protect the lining from damage. Sharp instruments shall not be used to pry forms fiom lined surfaces. When forms are removed, any nails that remain in the lining shall be pulled, without tearing the lining, and the resulting holes clearly
marked. Form tie holes shall be marked before ties are broken off and all areas of serious abrasion or damage shall be marked.
All nail and tie holes and all cut, torn, and seriously abraded areas in the lining shall be patched.
Patches made entirely with welding strip shall be fused to the liner over the entire patch area.
Larger patches may consist of smooth liner sheet applied over the damaged area with adhesive.
All edges must be covered with welding strip fused to the patch and to the sound lining adjoining the damaged area.
Hot joint compounds, such as coal tar, shall not be poured or applied to the lining.
The Contractor shall take all necessary measures to prevent damage to installed lining from
equipment and materials used in or taken through the work.
3.2 SPECIAL REQUIREMENTS FOR CAST-IN-PLACE STRUCTURES
A. Placement of liner within forms: Liner sheets
e Shall be closely fitted and properly secured to the inner forms. Sheets shall be cut to fit curved and warped surfaces using a minimum number of separate pieces. If liner joints are
to be Type C-3 joints (as described in Paragraph SC-9.9), the adjacent sheets shall be butted
with not more than 1/8-inch opening between the sheets. A welding strip fusion-welded on
the back of butt joint or other means recommended by the manufacturer shall be used to
prevent wet concrete from flowing around edges.
B. Interfaces Between Concrete and Non-Concrete Surfaces:
Unless otherwise shown on the Plans, the lining shall be returned at least three inches (3") at the surfaces of contact between the concrete structure and items not of concrete
(including vitrified clay, ductile iron, or PVC pipes). The same procedure shall be followed
at joints where the type of protective lining is changed or the new work is built to join existing unlined concrete. At each return, the returner liner shall be sealed to the item in contact with the plastic-lined concrete using the manufacturer's recommended adhesive
system. If the liner cannot be sealed with this adhesive because of the joint at the return
being to wide or rough or because of safety regulations, the joint space shall be densely
caulked with Concressive LPL (Master Builders Company) to one inch (1") depth of an approved corrosion resistant material as necessary. The hole cut in Type 2 PVC liner to accommodate penetrations shall be small enough so that after pressing the liner over the
penetration, a minimum of one inch (1 ") of liner shall lay flat on the penetration.
Lining at joints shall be free of all mortar and other foreign matter and shall be clean and
dry before joints are made.
JULY 2005
NBIS REACH 6 PVC LINING FOR INTERIOR CONCRETE
SURFACE OF ACCESS HOLES
03475-5 .
C. Field Joints in the PVC Liner: Field Joints
In the lining shall be of the following described types, used as prescribed:
Tvpe C-1: The joint shall be made with a separate 4-inch joint strip and two (2) welding
strips. The four inch (4") joint strip shall be centered over the joint, tack-welded to the liner
then welded along each edge to adjacent sheets with one inch (1") weld strip. The width of
the space between adjacent sheets shall not exceed two inches (2"). The four inch (4") joint
strip shall lap over each sheet a minimum of one-half inch (X"). It may be used at any
transverse or longitudinal joint.
Twe C-2: The joint shall be made by lapping sheets not less than one-half (W'). One
welding strip is required. The upstream sheet shall overlap the one downstream. The lap
shall be tack-welded into place prior to welding.
Tvpe C-3: The joint shall be made by applying one inch (1") wide welding strip on the back
of the butt joint or by some other method by the manufacturer to prevent wet concrete from
getting under the sheet. After the forms have been stripped, a one inch (1") welding strip
shall be applied over the face of the sheet.
All welding is to be in strict conformance with the recommendations of the lining
manufacturer and with the requirements given herein.
Welding shall fuse both sheets and weld strip together to provide a continuous joint equal in
corrosion resistance and impermeability to the liner plate.
Hot-air welding guns shall provide effluent air to the sheets to be joined at a temperature
between 500°F and 600°F. Welding guns shall be held approximately one-half inch (%")
from and moved back and forth over, the junction of the two (2) materials to be joined. The
gun shall be moved slowly enough as the weld progresses to cause a small bead of molten
material to be visible along both edges and in front of the weld strip.
Testing and Repairing Damaged Surfaces: D.
All surfaces covered with lining, including welds shall be tested with an approved electrical
holiday detector (Tinker & Rasor Model No. AP-W with power pack) with the instrument
set at 20,000 volts minimum.
All welds shall be physically tested by a nondestructive probing method. All patches over
holes, or repairs to the liner wherever damage has occurred, shall be accomplished in
accordance with Paragraph C.
Each transverse welding strip which extends to a lower end of the liner will be tested by
Owner. The welding strips shall extend two inches (2") below the liner to provide a tab. A
ten (10) pound pull will be applied to each tab.
JULY 2005
NBIS REACH 6
PVC LINING FOR INTERIOR CONCRETE
SURFACE OF ACCESS HOLES
03475-6
The force will be applied normal to the face of the structure by means of a spring balance.
Liner adjoining the welding strips will be held against the concrete during application of the
force. The ten (10) pound pull will be maintained if a weld failure develops, until no
further separation occurs. Defective welds will be retested after repairs have been made.
Tabs shall be trimmed away neatly by the installer of the liner after the welding strip has
passed inspection. Inspection shall be made within two (2) days after the joint has been
completed in order to prevent tearing the projection weld strip and consequent damage to
the liner from equipment and materials used in or taken through the work.
END OF SECTION
JULY 2005
NBIS REACH 6
PVC LINING FOR INTERIOR CONCRETE
SURFACE OF ACCESS HOLES
03475-7
APPENDIX B
(INSERTED IN POCKET)
APPENDIX C
SUPPLEMENTAL
DETAIL DRAWINGS
STANDARD CAST IRON ACCESSHOLE PAVEMENT OR FRAME & COVER - SEE DWG. NO. 54.
SEWER ACCESSHOLE
CONCRETE OVERLAY
s-l SUPPLEMENTAL STANDARD NO.
S AS JIRED.
MIN SLOPE
SECTION C-C
NOTES:
ALL CAST IN PLACE CONCRETE SHALL BE MPE 564-8-3250.
ALL PIPE IN ACCESSHOLE SHALL BE PVC AND SHALL BE INCLUDED AS PART OF ACCESSHOLE
ACCESSHOLE SHALL BE CONSTRUCTED IN ACCORDANCE WITH ASTM c-478.
SNB OUTS SHALL HAM A MINIMUM LENGTH OF 2 FEET.
SDR 35 PVC PIPE MAY BE INSTALLED IN STRAIGHT-THROUGH ACCESS HOLES W?H NO JUNCTIONS. THE TOP SECTION OF PIPE SHALL BE REMOVED FLUSH WITH TOP OF SHELF. CUTS SHALL BE NEAT AND DRESSED MINIMIZING BURRS AND ROUGH EDGES.
I POUR BASE AGAINST UNDISTURBED SOIL OR
6” MIN. ROCK BASE SECTION A-A REQUIRED
WHEN ACCESSHOLE FORMS THE JUNCTION
OF SEWERS AND/OR AN ANGLE IN MAIN ALIGNMENT, SPECIAL CARE SHALL BE USED IN FORMING THE CHANNELS TO FACILITATE THE FLOW OF SEWAGE. INVERTS SHALL BE TRUE TO GRADE AND
ALIGNMENT AND FINISHED WlTH SMOOTH
SURFACE. u PLAN B-B
NOT TO SCALE
EV. I APPROVED IDATE I CITY OF CARLSBAD
STANDARD ClR ENGINEER DATE
~ ~~
STANDARD CAST IRON ACCESSHOLE
CLAY PANEL
VlSlON APPR
a+- 5' DIA. 444 1
CONTRACT NO. DATE. 9001-1 JUNE 2005 PVC LINED ACCESSHOLE
ACCESS HOLE I POUR BASE AGAINST UNDISTURBED SOIL OR
PROFILE 6" MIN. ROCK BASE REQUIRED
PVC - USE PLASTIC MANHOLE COUPLING PLAN
\l. PVC PIPE MANH~LEE BASE SECTION A-A
PVC LINING - \ p,
MASONRY STAND/ PLASTIC CEMENT
JOINT DETAIL
DEPP=MIN. I
3/4 PIPE DIA.
SECTION A-A
NOTES:
INSTALL 1" WELD STRIPS WHERE T-LOCK IS WELDED: LE.. TOP OF CHANNEL, SHAFT TO SHELF, TURN BACK TO PIPE FACE, CORNERS, ETC.
PVC TURN BACK ON PVC PIPING SHALL BE A
MINIMUM OF 6".
PVC TURN BACK SHALL BE HELD TIGHT TO PVC
PIPING BY 1/2" STEEL BAND WITH CONTACT CEMENT ADHESIVE APPLIED TO BOTH SURFACES.
INSTALL FLAT SHEET PVC ON SHELMS WITH CONTACT CEMENT ADHESIVE APPUEDTO BOTH SURFACES. OVERLAP PVC ONTO ACCESSHOLE SHAFT AND CHANNEL LINER VELD TO BOTH AND
COMPLETE WlTH 1" WELD STRIPS.
INSTALL NONSKID SURFACE ON ACCESSHOLE SHELF.
INSTALL PRE FORMED CORNER TURN BACK UNDER RING.
WELD 4' JOINT STRIPS AND FINISH BOTH EDGES
WITH 1" WELD STRIPS.
COMPLETE CONCRETE CHANNEL SHALL BE CONSTRUCTED WlTH FORMS AND ALL SHALL BE
T-LOCK LINED. THE "T'S" SHALL RUN -TICAL AS IN THE ACCESSHOLE SHAFT AN0 SHALL BE TACKED AT THE TERMINUS OF THE T-LOCK.
SIDES AN0 ENDS OF THE BASE TO BE EITHER FORMED, SANDBAGGED OR POURED AGAINST UNDISTURBED EARTH.
ACCESSHOLE SHELMS TO BE SLOPED 1' PER FOOT TO CHANNEL.
WRAP ACCESSHOLE JOINTS BELOW WATER TABLE WITH BENTONITE GEOTEXTlLE WATERPROOFING SYSTEM, VOLCLAY VOLTEX OR APPROVED EQUAL -- . . . . . . . .. . . . . -
ALL INTERIOR CONCRETE SURFACES INCLUDING SHAFT, SHELF AND CHANNEL SHALL ~E-ii~ti WHITE T-LOCK OR EQUAL PVC LINER. AU LINER JOINTS SHALL BE HEAT MLDED BY WELDERS CERTIFIED BY THE PVC MANUFACTURER. LINER WILL BE SPARK TESTED AT 20,000 VOLTS MIN. RAVEN 405 AND SAUEREISEN SEMRGARD #210. LINING SYSTEMS MAY BE SUBSTlTUED FOR PVC ON
THE SHELF AND CHANNEL WlTH THE ENGINEER'S 'IPE TO MANHOLE CONNECTION OErAIL NOT TO SCAL€
APPENDIX D
CALTRANS PERMIT
04/21/2005 13:37 FAA 61Y 666 b'157
CQkd~d BY . TR-0122 (REV. 6/99) a Rider Fea Paid
Pennll No.
11-03-NDM-0081-R3
DlsUCOlRWM
$Exempt ' I 11SD-5/R45.0
Dm I Rider Number
I) JGjg cc: Permit
TO: City of Carlsbad
APPROVED:
1,635 Faraday Ave Carlsbad, CA 92008-7314
ATTN: Mark Biskup PHONE: (760) 602-2763 I
Aprll 20,2005 L___i
I
I ,PERMITEE
In compliance with your re.quest of &ril11. 2005 we are hereby amending the above numbered encroachment permit as follows:
Date of completion extended to: SEPTEMBER 30,2005
.ai :.-
TIMEEYTENSIONONLY . '
MNukz, Reg. Mgr.
RYanzon, Inspector n Pedro Orso-Delgada, Disblcl Director Permittee BY
Contractor
, District Permit Engineer
TR-0120 (REV. 7/98)
In compliance with (Check one):
Permit No. 11-03-NDM0081
DistlColRtelPM
11 -SD-5lR45.0 .
Date W Your application of JANUARY 22,2003 FEBRUARY 19,2003
Fee Paid I Deposit 0 Utility Notice No. of $ NIA
Performance Bond Amount (1)
$NIA c] AgreementNo. of
$N/A .
Payment Bond Amount (2)
$NIA
0 RNV Contract No. of
Bond Number (1) Bond Number (2)
TO: CITY OF CARLSBAD
The following attachments are also included as part of this permit
(Check applicable):
C/O PBS&J
175 CALLE MAGDALENA ENCINITAS, CA 92024
AlTN: ALBERT STRICKER
PHONE: (760) 753-1 120 I
In addition to fee, the permittee will
be billed actual costs for:
I
0 Yes W No Special Provisions .
Yes W No A Cat-OSHA permit required prior to beginning work;
1 PERMIT EXPIRES 1 613 012003
~- (XI Yes Field Work
(If any Caltrans effort expended)
I ,PERMITTEE
JG:jg
cc:Permits
MNusz, Reg. Mgr.
JLyons, Insp.
/ Permittee
Cotractor
and subject to the following, PERMISSION IS HEREBY GRANTED to:
enter upon State Highway right of way in San Diego County, in City of Encinitas, on Route 1-5, post mile R45.0, to remove temporarily
and restore an existing chainlink and drainage swale that was affected by removing and replacing a manhole which is located outside of
Caltrans right of way. The chain link and the drainage shall be restored to equivalent pre-construction conditions, as shown on the
attached plans, and in accordance with the requirements and conditions contained herein and as further directed or approved by the
State's Inspector, Mr. John Lyons, telephone number (619) 688-6844.
APPROVED:
Pedro Orso-Delgado, District Director
No vehicles or equipment shall be parked within the highway right of way at any time, except for those vehicles or that equipment
actually engaged in the work, during the working hours specified herein.
(Continued)
Yes General Provisions 0 Yes W No Utility Maintenance Provisions
0 Yes No Review
Yes c] NO Inspection
t
CITY OF CARLSBAD
11-03-NDM0081 e FEBRUARY 15,2003
PAGE 2 OF 2
The State of California, Department of Transportation makes no assurance or expressed
warranty that the plans are complete or that the planned construction fits field conditions.
Should additional work or modifications of the work be required in order to meet established
Department Standards or in order to fit field conditions, the work shall be performed by
Permittee as directed by the State's Inspector at no cost to the State
Traffic control when permitted or required shall be as directed and approved by the State's
Inspector.
Permittee shall implement and maintain the attached WPCP, dated as approved February 4,
2003, and as directed and approved by the State's Inspector.
Notwithstanding General Provision No. 24, your contractor is required to apply for and
obtain an encroachment permit prior to starting work. A permit inspection deposit fee of
$240.00 will be required upon submittal of the application to perform the work. Also, your
contractor must submit proof that they have obtained executed bonds in accordance with
General Provision No. 24.
Upon completion of the work, the attached card shall be completed and returned.
The following District Standard Special Provisions are generalizations of the Department
Standard Specifications and are included only .as a permittee convenience. Permittee's
attention is directed to the current Department Standard Specifications for compIete,
unabridged, specification requirements.
Once begun, that portion of the work within the State Highway right of way shall be
prosecuted to completion as rapidly as possible.
All personnel on foot within the State Highway right of way shall wear personal protective
equipment, including orange vests or jackets, safety glasses, and hard hats.
The Permittee is responsible for locating and protecting all utilities both underground and
aerial. Any costs incurred for locating and protecting andor relocating any utilities shall be
borne by the Permittee.
STATE OF CALIFURNU, DEPAR- OF TRANSPORTATION ENCROACHMENT PERlCa GENERAL PROVISIONS ma45 -(REV.. 1W8)
1.
2.
3. .'
4.
5.
6.
7.
8.
9.
10.
11.
Xi?.
13.
14.
AUJHORITY: The Depamncnt's authority to issue encroachment pennits is provided under. Div. 1. ChpL 3. An I. Sect. 660 to 734 of the SLReu qd Highways Code.
REVOCATION: Encroachment pennits ac~: revocable on five days nqtia unless otherwise nnted on the permit and except as provided by law for public corporations. franchise holders, and utilities. These General Rovisions and the Encroachment Rmrit UtiIiry Provisions am subject to modifidon or abrogation at any time. Permittees' joint w agreements. franchise .rights. rrservd rights or any other agmcmentr for o@g puiposcs in Statc highway right of way arc cxccprions to this mvoaion.
DENIAL FOR NONPAYMENT OF FEES: Failurr to pay pcnnit feu when due can result in rejection of future applications and denial of pcnnio.
ASSIGNMENT: NO party other than the pennia~ or pcnnime's authorized agent is allowed to work under this prrrmt.
ACCEPTANCE OF PROVISIONS: Permiaa understands and agrees to.acccpt lhese Gcncral Rovisions and all snachmcnts to this permit. for any work to k perfonid under this permit.
BEGINNING OF WOW. When aaffic is not impacted (see Number 35). chc pennince shall notify the Dcppnmnt's representative. two (2) days before thc intent to sw pennind work. Permittee shall notify thc kpMmcnt'S Representative if the work is to k interrupted for a period of five (5) days or more. unless otkrwise agrced upon. AU work shall be performed on weekdays during regular work hours. excluding holidays. nuless otherwise
STANDARDS OF CON!3"RUCTION AU work performed within highway right of -way shall confon to recognized consuuction standards. and cumnt DcpPnmcnt Srandard SpecifiUtions. Depamacnt Standard Plans Hi and Law Risk Facility
made to "Conactor and Engineer." thcse art amcndcd to k read as "Pennittee and Dcprmncat mprescntativc."
PLAN CHANGES: Changes to plans. spccificuions. and permit provisions am not allowed without prior approval from thc State representative.
INSPECIION AND APPROVAL: AU wok is subject to monitoring and inspection. Upon compldon of work. permince shall request a final inspection for acceptance and approval by the Depanment. The locd agency permina shall not give final consuuction approval to ~LS conmctor until fmal acccpurncc and appmvd by the Depanmcnt is obtained.
PERMXT AT'WORKSITE Pennice shall keep the permit package or a copy thereof. at the work site and show it upon request to 'any Depanment representative or law enforcement officer. If the permit package is not kept and made available a the work sic, the work.shall k suspended.
CONFLlCTXNC ENCROACHMENTS: Permittee shall yield. sum of work to ongoing, prior authorized: work adjacent to or wl* !he limits of thc project site. When exisong encroachments conact mrh new work, the pcnninet shall bear all cost for reamngcmcnts.
(c.g.. rtldon. alteration. recmovql. etc.).
spcified m this.pnnit.
Specifications. and Utility Special CJ visions. Where reference is
..
PEJWlTS FROM OTHER AGENCIES: ?his pennit is invalidated if thc pcrmincc has not obtained dl pennits ~cessiuy and required by law, from the Public Utilities Gmnntsr on of thc Sutc of Calif* (PUC). California Occupational Safety and Health ~Admnsmtion (GI-OSHA). or any other public agency having jurisdiction.
PEDiSTRIAN AND BICYCLEST SAFFN: A safe minimum passageway of 1.21 meter (4') shall k maindnd through the work =a P existing pedestrian or bicycle fadiucs . At no time shall pedestrians k diverted onto a portion of the smt used for vehicular tnffic. At locations where safe alternate passageways cannot be provided. oppropri;ue signs and barricades sW1 k insdlcd at the limits of construction and in advance of the limits of consmction at the nearest crosswalk or intenettion to detour pedestrians to facilities across the street.
PUBLIC TRAFFIC CONTROL: As required by law. the permittee shdl provide tnffic control protection wming signs, lights. safety devices. ctc.. and take dl other ~~YURS ncceswry for mveling
IS.
16.
17.
18.
19.
20.
21.
22.
23.
24.
public's safety. Day and. night time lane closuf~s shall comply with the M-mwls.of Tnffic Conmls. Standard Plm. and Standard Specifications for mffic conuol systc~W These General Provisions
illt not intended to impax upon the permince. by third panics. any duty or standard of cm. mater than or different from. Y rrquircd by law.
MlNIhflTM INTERFERENCE TRAFFIC: Permince shall
plan and conduct work SO as to Create the lwt possible inconvenience to the mveling publici dfic .shall not be unreasonably delayed. On convmuonal highways. permine. shall place property &red flaggcr(s) to stop or Wm'rhe tmveling public in compliance with the Manual of Traffic Conwls and InsmKtions o Raggcn Pamphlet.
SORAGE OF EQUIPMENT AND MATERIAIS: Equipment and marcrial storage in State right of way shall comply with Standd Specifications. Srandad Plans. and Special Prwkiw. Whenever thc pemina places M obstacle within 3.63 m (127 feet of the mveled way. the pnminee shall place temporary railing Uypc IC).
CARE OF DRAINAGE Permina shall provide alternate drainage for my work interfering with an existing drainage facility in comphice with the Standard Spccificati~. Standard and/or as dkctcd by the Dcpanment's Itpresentan=
RESTORAITON hID REPAZRS IN RlCm' OF WAY: Permittee is rrsponsible for restoraion and repair of Stuc highway right of way resulting from pe@ncd work (State Strrcrs and Highways Codc, Sections 670 et. sq.).
RIGHT OF WAY WAN Up: Upon completion of work. permittee shall remove and dispose of all scraps. brush. timber. materials. etc. off the right of way. Thc aesthctia of rk highway shall k as it was befom work started.
..
COST OF WORK: ~n~ess stated in the pennit. or i separate written agreement. thc pcrminee~shall bear dI costs inwmd for work within the State righf of. way and wnivet all claims for indemnification or conmbution from the State.
ACNAL COST BILLKNG: Whcn specifEd in'the pimir thc
hourly ratc for enaorchmmt permits.
SBUILTPLANS: Whcn quid. permittee shall submit one (1) sa of =-built plans in compliance with Dcpmmcnt's mqukmcnu. Plans shall k submincd withi0 thirry (30) days after completion and
As-Bdt plans or accompanying comspondcncc Id not include disclaimer s~tehu of any kind. Such statements shall constiruu non-compliance wib he provisions. Failure to provide compktc and signed As-Built plans shall k =use for bond or deposit retention
bY
PERMITS FOR RECORD PURPOSES ONLY: .When work in the right of way is within an am under a Joint Use Agrrement (JUA) or a Consent to Common Use Agrrmwnt (CCUA). a fa exempt pennit is issuedto he pnmiaa for the purpose of providing a notice and record of work. The Permink's prior rights shall k preserved without the intendon of mating new or different rights or obligations. 'Notice and Record Purpo~s Oniy" shall k stamped across uu face of the pnntt.
BONDING: The pnmiae~ shall file bond(s). in advance. in the amount set by the Dcpmmcnt. Failure to maintoin bond(s) in full fom and effect will rcsult m he Depanmcnt stopping of all work and revoking permit@). Bods .I+ not required of public corpomions or privately owned Utilities. unless petmiact failed IO comply with thc prwisiOa and conditions under a prior prmit The surety company is responsible for MY huu defects as provided in California Codc of civil Procedures. Section 337.15. bcd agency permittee shall comply with requirements establii as follows: In rrcopition Ihu project consuucrion work done on Swtc property wiU
not k directly funded and paid by Stnrc. for the purpose of protecting stop notia claimants md the interem of Sryc rclntive to successful project completion. the local agency pennittee agrecs 10 require the consrmction conmaor furnish both a payment and pcrformancc bond in the local agency's name with both bonds complying with the requirements set forth in Section 3-1.02 of Swtc's cumnt Standard Specifications before performing my project construction work. The Id agency. ~ttcc shall defend. indemnify. and hold hvmlcss the St;ue. IB Officers and employees from all project construction related claiims by contractors and dl stop notice or mechanic's lien climts. The local agency dso to remedy. in a timely manner md to SW'S SatisfFtion. any latent defects occurring as a resuit of the project constmction work.
Dcpamncnt will bill the pcrmituc actual cous I thc cumntly set
approval of work.
0
APPENDIX E
WPCP
WATER POLLUTION CONTROL PROGRAM (WPCP)
for
AVENIDA ENCINAS ACCESS HOLE REHABILITATION PROJECT
Caltrans Contract Number:
NIA
Prepared for:
CITY OF CARLSBAD
1635 FARADAY AVENUE
CARLSBAD, CALIFORNIA 92 008
MR. MARK BISKUP, P.E.
(760) 602-2763
PBS&J
175 CALLE MAGDALENA
ENCINITAS, CALIFORNIA 92024
MR. MlKHAlL
(760) 753-1 I
Proiect Site Address
AVENIDA ENCINAS NEAR INTERSECTION WITH LOGANBERRY DRIVE
Insert job site telephone number, if any-then TAB.
Con tractor’s Water Pollution Control Manager
To Be Determined
WPCP Prepared bv:
PBS&J
175 CALLE MAGDALENA
ENCINTAS, CALIFORNIA 92024
MR. MlKHAlL OGAWA, P.E., PROJECT MANAGER
(760) 753-1 120
WPCP Preparation Date
JANUARY 2003
Water Pollufion Control Program (WPCP)
Error! Reference source not found .
Contract No . WA
Contents
Section IO WPCP Certification and Approval ........................................................... 10-1
10.1 Contractor's Certification and Approval by the Resident Engineer ..................... IO-?
Section 20 Project Information .................................................................................. 20-1
Section 30 Pollution Sources and Control Measures .............................................. 30-1
30.1 Soil Stabilization (Erosion Control) and Sediment Control .................................. 30-1
30.1 .I Soil Stabilization Practices ....................................................................... 30-1
Selected Soil Stabilization BMPs ............................................ 30-2
30.1.2 Sediment Control Practices ..................................................................... 30-2
Selected Sediment Control BMPs ........................................... 30-3
30.1.3 Tracking Control ...................................................................................... 30-3
30.1.4 Wind Erosion Controls ............................................................................. 30-4
30.2 Non-Storm Water Management BMPs ............................................................... 30-4
30.1 . 1 . 1
30.1.2.1
30.2.1 Selected Non-Storm Water Management BMPs ..................................... 30-5
30.3 Waste Management and Materials Pollution Control BMPs ............................... 30-5
30.3.1 Selected Waste Management and Materials Pollution Control BMPs ...... 30-6
30.5 Construction BMP Maintenance. Inspection. and Repair .................................. .3 0.6
30.4 Water Pollution Control Drawings (WPCDs) ....................................................... 30-6
Section 40 Amendments 40-1
a .............................................................................................
.
Page i
Section IO
WPCP Certification and Approval
10.1 Contractor's Certification' and Approval by the Resident
Engineer
CONTRACI'OR'S CERTIFLCATION OF WPCP
"I certify under a penalty of law that this document and all attachments were prepared under my
directitxu or supdon in accordance with a system desigucd to mure that qualified pmomel
properly gather and evaluate the information submitted Bas& on my inquiry of the person OT
persons who manage the systeiq or those per8ons directlyresponsible for gatherbg the infonuation,
the ipfonnation submitted, to the best of my hwledge and belief is txuc, acmmte, and complete. 1
am aware that there are sigtrificaut penalties for submitting false information, including the
For Use by Calkam Only
RESIDENT ENCZINEER'S APPROVAL OF WaCF
1, md/or personnel acting der my diredon and supervision, have reviewed this WPCP and find
that it meets the rquirements set fcrth in the Sp&d b*onS, the CahW Comndon Site Best
Management Practices Manual, and the Standard Specifications Sedan 7-1.01G - Wata Pollution.
z /q , 103 RE'S Signature Date of WPCP Approval
RE'S Name (printed) RE'S Phone Number
Pane 10-7
Water Pollution Control Program (WPCP)
Error! Reference source not found.
Contract No. N/A
0 Section 20
Project Information
1. Introduction and Project Description:
The project generally consists of removal and replacement of three sewer access holes, and asphalt
overlay of approximately 20,450 square feet of pavement. The project site generally follows
Avenida Encinas from approximately 100 feet west of Loganberry Drive, to approximately 700 feet
east of Loganberry Drive within the City of Carlsbad, County of San Diego. The project site lies
entirely within City of Carlsbad right of way, except for limited excavation which may encroach into
Caltrans right of way and an existing earth swale.
Two of the access holes will be replaced within the limits of Avenida Encinas. One access hole (AH-
04) will be replaced in a landscaped area to the east of Avenida Encinas within a City of Carlsbad
sewer easement. Excavation associated with AH-04 may require removal of a portion of an existing
fence adjacent to Caltrans right-of-way, and excavation of a portion of an existing earth swale
adjacent to the Interstate-5 shoulder at approximately mile post 45 .O. Excavations associated with
access hole removal and replacement are anticipated to range fiom approximately 10- to
approximately 15-feet deep.
Project drainage is generally conveyed to the west to the City of Carlsbad storm drain system and
eventually to the Pacific Ocean. 0
Total disturbed area within existing paved areas is approximately 20,450 square feet.
Total disturbed are within existing landscaped areas is approximately 2,900 square feet.
2. Unique Site Features:
Runoff from the site flows towards City of Carlsbad storm drain systems, which drain to the Pacific
Ocean.
3. Project Schedule:
The project will likely be bid during the roughly spring of 2003. Construct will be performed
roughly during spring and summer of 2003. During construction, gravel bags will be placed outside
of storm drain inlets and downslope fiom disturbed soil areas to reduce the potential for stormwater
pollution.
Disturbed soil areas will generally be returned to existing drainage condition and hydroseeded
following completion of construction. Please see the attached erosion control and planting plan for
details. . 4. Potential Pollutant Sources:
I:\adrnin\082\62081 1\11\100% SpecsMppendix C-2.doc Page 20-1
Water Pollution Control Program (WPCP)
Error! Reference source not found.
Contract No. N/A a The primary construction activities, related materials, and wastes that have the potential to pollute
stormwater include:
a) Soil disturbing activities and relulting exposed soil areas, including minor grading as indicated in
the project description.
b) Slurries from asphalt saw cutting and placement,
c) Solid wastes from asphalt demolition and removal.
d) Temporary on-site storage of construction materials, including asphalt, precast concrete access
holes, and soil stockpiles.
e) General site litter.
D
CALTRAMS J PERMIT OFFICE
Page 20-2 I:bdmin\O82\62081 l\l i\iOO% SpecsWppendix C-2.doc
Water Pollution Control Program (WPCP)
Error1 Reference source not found. Contract No. MA
Section 30
Pollution Sources and Control Measures
30. I
30.7.7 Soil Sfabilization Practices
Soil Stabilization (Erosion Control) and Sediment Control
CHECK IF
NOT BMP
No. REQUIREMENT USED
IF NOT USED, STATE REASON CHECKIF USED CONTRACT MINIMUM BMP =( Scheduling I I w I[xIloI
J w wo Preservation of
Existing Vegetation ss-2
SS3 Hydraulic Mulch J (11 w SS-3orSS-6utiliied.
SS-4 I Hydroseeding
SS-5 I Soil Binder w w 0 SS-3 or SS-6 utilized. SS-6 Straw Mulch J (1)
0 0 SS-3 or SS-6 utilized.
0 0 bags utilized to contain
Geotextiles, Plastic
Control BlanketdMats
SS-8 Wood Mulching
Temporary Concentrated Flow Convevance Controls
SS-7 Covers, & Erosion J (1)
Small drainage area. Gravel
sedimentation.
I 1 I I I I h. _*I_. -.:--I I I I I
(l) The Contractor shall select one of the five measures listed or a combination thereof to achieve
and maintain the contract’s disturbed soil area (DSA) protection requirements.
I:\admin\082t62081 1\11\100% specs\APpendix C-2.doc Page 30-1
Water Pollution Control Program (WPCP)
Errorl Reference source not found.
Contract No. NIA
e 30.7. I. 7 Selected Soil Stabilization BMPs
Soil disturbing activities consist of minor landscaping, and excavation of pits around existing access
holes to allow for removal and replacement. As previously discussed, excavation surrounding AH-04
may disturb soils in the vicinity of an existing Caltrans drainage swale.
SS-2 Preservation of existing vegetation
Clearing and grubbing will be limited to the 20-foot wide City of Carlsbad sewer easement
necessary for removal and installation of AH-04. Surrounding areas of existing vegetation will be
protected in conformance with SS-2, Preservation of Existing Vegetation.
SS-3 (hydraulic mulch) or SS-6 (straw mulch)
Hydraulic mulch or straw mulch will be utilized to reduce erosion following completion of
construction activities in landscaped areas.
30.1.2 Sediment Control Practices
REQUIREMENT REASON
sedimentation.
SC-3 Sediment Trap I1 Small drainage area. Gravel
bags utilized to contain sedimentation.
Small drainage area. Gravel
sedimentation. SC-4 CheckDam 0 bags utilized to contain
0 SC-6 utilized SC5 Fiber Rolls
SC-6 Gravel Bag Berm w IXIU
J w Ixlo Street Sweeping and Vacuumina sG7
I " ____
0 0 [XI SC-6 utilized SC-8 Sandbag Barrier 1 SC-9 I Straw Bale Barrier 1 1 I 0 I [XI 1 SC-6 utilized
Page 30-2 I:\admnu)B2\62081 l\l 1\1W% SpecsUppendIx C-2.doc
Water Pollution Control Program (WPCP)
Error1 Reference source not found.
Contract No. WA
BMP CONTRACT CHECK IF I CHECK USED IF I CHECK NOT IF I IF NOT USED, STATE REASON
M”lMUM 1 REQUIREMENT USED
~~ ~ ~~
J w Storm Drain Inlet
Protection SC-’ O
L
30.7.2.7 Selected Sediment Control BMPs
SC-6 Gravel Bag Berm
Gravel bags will be placed downslope from areas where soil will be disturbed as shown on the
Erosion control and Planting plan.
SC-7 Street Sweeping and Vacumrning
A dry method of street sweeping will be performed including hand sweeping as necessary.
SC-10 Storm Drain Inlet Protection
Gravel bags will be placed in fi-ont of the inlet to a potentially affected storm drain near the
intersection of Avenida Encinas and Loganbeny Drive. The purpose of the gravel bags is to reduce
the quantity of sediment introduced into the storm system. a
30.1.3 Tracking Control
The exit area from disturbed soils in the vicinity of AH-04 is located at the west end of the 20-foot
wide sewer easement adjacent to Avenida Encinas. Regular street sweeping will be implemented to
reduce tracking.
Stabilized Construction
Stabilized Construction
Entrance/Outlet Tire
I:bdmnW82\620811\11\1M)% SpecsWppendix C-2.doc Page 30-3
Water Pollution Control Program (WPCP)
Error1 Reference soum not found.
Contract No. hVA
CHECK IF
CONTRACT NOT
REQUIREMENT USED
CHECKIF USED MINIMUM BMP BMP
No.
J w mcl Street Sweeping and
Vacuuming sc-7
L
30.7.3.7 Selected Tracking Control B MPs
SC-7 Street Sweeping and Vacuuming
IF NOT USED, STATE
REASON
Dry method including hand sweeping will performed as
necessary on roadways and
sidewalks.
Sediment sweeping and vacuuming will be provided on a regular basis on Avenida Encinas which is
adjacent to disturbed soil areas.
30.1.4 Wind Erosion Controls
Wind erosion controls will be applied as necessary to prevent nuisance dust as required by the
Standard Specifications, the Special Provisions, BMP WE-1, Wind Erosion Control, and as directed
by the Engineer. The soil stabilization BMPs selected for the project will also provide wind erosion
control benefits.
SS-3 (hydraulic mulch) or SS-6 (straw mulch)
a
Hydraulic mulch or straw mulch will be utilized to reduce the potential for wind related erosion.
30.2 Non-Storm Water Management BMPs
The project will include the following activites that have the potential to generate non-storm water
discharges:
a) Asphalt concrete saw cutting, grinding and paving.
b) Dust controYwatering for soil compaction.
Shallow groundwater not NS-2 Dewatering Operations 0 anticipated.
I:bddnU)82E20811\1 i\ioO% Specsblppendix C-2.d~ Page 30-4
Wafer Pollution Control Program (WPCP)
Error1 Reference source not found.
Contract No. MA
CHECK IF
REQUIREMENT BMP BMP CONTRACT No.
I Paving and Grinding
ODerations NS-3 1
I Temporary Stream NS-4 IC rossina Io
NS5 I Clear Water Diversion I In
J w Illicit Discharge/lllegal Dumping Reporting NS-6
I Potable
ater/lmaation NS-7 I,,,, In I - I Vehicle and Equipment I I Operations I I
Vehicle and Equipment Cleanina NS8 I
Vehicle and Equipment
Fueling NS-9 I
Vehicle and Equipment
Maintenance NS-10 1
IF NOT USED, STATE
REASON
Streams not within project 0 site.
30.2. I Selected Non-Storm Water Management BMPs
The following BMP's will be implemented for asphalt concrete saw-cutting, and asphalt paving:
NS-3, Paving and Grinding Operations.
NS-6, Illicit Dischargdllegal Dumping Reporting.
NS-7, Potable Waterfigation.
NS-8, Vehicle and Equipment Cleaning.
NS-9, Vehicle and Equipment Fueling.
NS-10, Vehicle and Equipment Maintenance.
30.3 Waste Management and Materials Pollution Control BMPs
The following construction materials and wastes, which have the potential to cause stormwater
pollution, will be generated on-site or be brought on-site for immediate use or temporary storage.
a) Raw landscape materials and wastes (topsoil, plant material, herbicides, fertilizer, mulch).
b) BMP materials.
c) PCC rubble associated with access hole removal.
d) Asphalt concrete.
I:bdminW82\62081 l\l l\lOO% SpecsWppendlx C-2.doc Page 30-5
Water Pollution Control Program (WPCP)
Error1 Reference source not found.
Contact No. MA
e) General litter.
IF NOT USED,
STATE REASON
CHECK IF . NOT
REQUIREMENT USED
CHECKIF
USED BMP CONTRACT ' BMP
No.
J w Material Delivery and
WM-2 I Material Use
I Asphalt not anticipated to be stockpiled on site. Asphalt 0 0 not antipated to be placed
during precipitation.
0 Asphalt Concrete Stockpiles
Spill Prevention and w'-4 Control
Solid Waste wM-5 Management
Hazardous Waste W'-6 Management
Contaminated Soil wM-7 Management
Concrete Waste w'-8 Management
SanitaryEeptic Waste wM-9 Management
Liquid Waste WM-l ManaQement
wM-3
J w IXIO
J w HO
Significant quantites of
Contaminated soil not
Significant quantities of
anticipated.
0 0 0 hazardous materials
0 0 anticipated on site.
0 [7 concretewastenot
0
0
J w IS10
I Significant quantities of 0 liauid waste not anticiDated.
30.3. I Selected Waste Management and Materials Pollution Control BMPs
The BMP's checked above will be implemented on the project. Because of site constraints, most
materials and wastes will be immediately used and removed, respectively. BMP materials will be
mixedprepared off-site and only brought on-site by the erosion control contractor or immediate
applicatioddeployment. Removed access holes and portions thereof will be loaded directly into
trucks for immediate removal.
30.4 Water Pollution Control Drawings (WPCDs)
The water pollution control drawings are included as an attachment to this Water Pollution Control
Program.
30.5 Construction BMP Maintenance, Inspection, and Repair
The inspection, maintenance and repair program is as follows:
l.\admnW82\62081 i\li\iOO% SpecsMppendix C-2.h Page 30-6
Water Pollution Control Program (WPCP)
Error! Reference source not found.
Contract No. MA
WM-5
WM-9
WPCP Inspection, Maintenance, and Repair Program
Weekly Weekly Monitor on site solid waste disposallstorage procedures.
Weekly Weekly Monitor on site sanitarylseptic waste storage and disposal procedures.
BMP 171 Inspection Frequency .
Rainy Non-Rainy Main tenan ce/Repair Measures
SSl Annually
ss-2 Bi-weekly Bi-weekly Inspect installed equipment and repair or replace as necessary.
SS-30r SS6 Bi-weekly Bi-weekly Inspect installed equipment and repair or replace as necessary.
SC6 Bi-weekly Bi-weekly Inspect installed equipment and repair or replace as necessary.
SC7 Daily Daily Perform street sweeping on daily basis.
SCI 0 Bi-weekly Bi-weekly Inspect installed equipment and repair or replace as necessary.
NS-6 Weekly Weekly Inspect site during project execution for evidence of illicit discharges.
NS-7 Weekly Weekly Repair broken water lines as soon as possible.
NS8 I Weekly I Weekly I Remove vehicles and equipment that leak.
NS-9 I Weekly I Weekly I Keep spill cleanup equipment on site. Clean up spills A.S.A.P.
NS-10 Weekly Weekly Keep spill cleanup equipment on site. Clean up spills A.S.A.P.
WM-1 Weekly Weekly Keep storage areas in good condition. Keep cleanup materials stocked.
WM-2 Monthly Monthly Ensure appropriate employee procedures are being followed.
I:bdmn\082\62081 l\l1\100% SpecsMppendix C-2.doc Page 30-7
Wafer Pollution Control Program (WPCP)
Error! Reference source not found.
Contract No. NIA
Section 40
Amendments
Construction Contractor's Certification of the WPCP Amendment
"I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system or those persons directly responsible for gathering the information,
to the best of my knowledge and belief, the information submitted is, true, accurate, and complete. I
am aware that there are significant penalties for submitting false infomation, including the
possibility of fine and imprisonment for knowing violations."
Signature Date
0 Name and Title Phone Number
For Use by Caltrans Only
RESIDENT ENGINEER'S APPROVAL OF WPCP AMENDMENT
I, and/or personnel acting under my direction and supervision, have reviewed this WPCP
amendment and find that it meets the requirements set forth in the Special Provisions, the
Construction Site Best Management Practices Manual, and the Standard Specifications Section 7-
1.01G - Water Pollution.
RE's Signature Date of WPCP Approval
RE'S Name (printed) RE's Phone Number
Page 40-1 I:bdmnU)8X620811\11\1 WK SpecsMppendix C-2.d-x
APPENDIX F
RESIDENT
NOTIFICATION CARD
APPENDIX “F”
RESIDENT NOTIFICATION EXAMPLE
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS
OFFICE # (760)XXX-XXXX
FIELD # (760)xxX-XXXX
)ear resident or trail user:
is a part of the City of Carlsbad’s ongoing program to maintain it:
iastewater infrastructure, the City has contracted rehabilitation work, foi
le North Batiquitos Interceptor Sewer, Reach 6 (Sea Cliff Sewer). The
dpeline parallels the westerly property boundary between the Sea Clifl Ievelopment and Caltrans Right-of-way. Access to the pipeline will be
lade over the existing utility easements which are within the develop-
lent. Construction is scheduled for :
MON. TUE. WED. THU. FRI.
DATE: .om 7:OOA.M. to 500 P.M.
ABC is the Contractor that will be performing the maintenance work ir the city and you may call them at (760)XXX-XXXX if you have any
uestions regarding the project. . If you have any concerns which cannot e addressed by the Contractor, you may call the City’s Engineering
ispection Department at 438-1 161x4323.
Thank you for your cooperation as we work to make a better City of
:arkbad.
*w t# Revised 10/08/03 Contract No. 9001-1 Page 59 of 59 Pages
APPENDIX G
RIGHT
AGR
OF ENTRY
EEMENT
LICENSE AGREEMENT '
FOR ENTRY ONTO PROPERTY
This License Agreement for Entry onto Property (this "Agreement") is made as of 2ShAYd oos, by and between Sea Cliff Home Owners Association ("Licensor"), and City
of Carlsbad, a municipal corporation ("Licensee").
RECITALS
A. Licensor is the owner of certain real property located in the City of Carlsbad,
State of California, which property is more particularly described and shown on Exhibits "A"
and "B" attached hereto (the "Property"). The Property is shown as Parcel No. 3 of Parcel Map No. 1391 1 , Minor Subdivision No. 645.
B. Licensee desires to enter onto the Property for the purpose of facilitating the
construction of the Sea Cliff Sewer Access Hole Replacements Project. Uses shall be to access
the work site for City and the City's representatives and storage of construction materials and
equipment as required for the removal of existing and installation of replacement access holes
(the "Work"), and Licensor desires to grant a license to Licensee for such purpose.
AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:
1. Rinht to Enter Property. Subject to the terms of this Agreement, Licensor hereby
grants to Licensee and its agents, employees, consultants, contractors, invitees and licensees
(collectively, its "Representatives"), a nonexclusive, revocable license and permission to enter
upon the Property during the Term of this Agreement for the purpose of performing the Work.
Licensee and its Representatives may enter the Property at all times during the Term (defined
below).
2. Term. The right of entry granted hereunder shall be valid only for the period commencing at the execution of this agreement and terminating 12 months thereafter
(collectively, the "Term").
3. Conduct of Work
(a) General. Any Work performed for or by Licensee hereunder shall be at the
sole cost and expense of Licensee. Licensee and its Representatives shall not interfere with
any use of the Property or operations conducted thereon by Licensor, and shall carry out its
Work on the Property in such a manner as to cause as little disturbance as reasonably possible
to the Property and improvements thereon. All Work performed by Licensee and its
Representatives shall be performed in a good and workmanlike manner. Licensee shall not
alter, damage the Property or any improvement, equipment or personal property located
thereon and shall, at its own cost and expense, promptly repair any damage to the Property
caused by the Work or the entry onto the Property. Licensee shall keep the Property free and clear of any mechanic's or materialmen's liens arising out of the Work or any such entry. Licensor or any authorized representative, employee, agent or independent contractor of Licensor shall be entitled to accompany Licensee and its Representatives during any entry upon the Property.
h, f
(b) Entry Onto Surrounding Areas Strictly Prohibited. Entry to the Property shall
be made only by way of Hemingway Drive, a public right-of-way. Licensee acknowledges that
Licensee and each of its Representatives are strictly prohibited from entering onto the area
surrounding the Property. Licensee shall specifically ensure that no Representative enters onto
any area other than the Property, including without limitation, any property designated open
space or wetlands area. In the case of any entry by Licensee or any Representative in violation
of this Section 3(b), Licensee shall fully indemnify Licensor in accordance with Section 5 below
for any loss occurring during the Term of this Agreement.
4. Compliance With Laws. All entry and Work upon the Property by Licensee and
its Representatives shall be in compliance with all applicable laws and regulations,
and Licensee shall be solely responsible for obtaining any permit and license required by all
applicable laws and regulations. While on the Property, Licensee shall comply with, and cause
all of its Representatives to comply with, such permits and licenses and with all applicable laws
and governmental iegulations. Licensee shall comply with, and shall cause all of its
Representatives to protect the Property and adjacent properties by providing adequate erosion
control consistent with laws and regulations that would apply to Licensor if Licensor was
performing work.
5. Indemnification. Licensee agrees to indemnify and hold harmless the Licensor
and its agents, employees, officers, directors, shareholders, members, affiliates and the
Property from and against all claims, damages, losses and expenses including attorneys' fees
arising out of (i) Licensee's failure to comply with the provisions of Sections 3(b) and 4 herein,
and (ii) the performance of the Work or (iii) caused by any willful misconduct of the Licensee, its
Representatives or anyone directly employed by any of them, or anyone for whose acts any of
them may be liable.
0
6. Insurance. Without limiting Licensee's indemnity obligation under Section 5 above,
Licensee, at its sole cost and expense, shall obtain prior to entering onto the Property and shall
maintain during the period of any entry or Work thereon, a policy or policies of commercial
general liability insurance with respect to the Property and the activities of or on behalf of
Licensee and its Representatives on or about the Property in the amount of not less than One
Million Dollars ($1,000,000) combined single limit bodily injury, death and property damage
liability per occurrence.
Notwithstanding any other provision of this License, Licensee may self-insure for any risk set
forth in this Section 6 in the manner and to the extent that Licensee self-insures for similar risks
with respect to its operations, equipment, and property. The extent of such self-insurance shall
be set forth in a Certificate of Insurance, delivered to Licensor and signed by an authorized
representative of Licensee. Insurance provided by a joint powers agency insurance pool shall
be considered self-insurance for the purposes of this Section. If, at any time during the term of
this Agreement, Licensee elects not to self-insure, Licensee shall comply with all applicable
provisions of this Section 6 to the extent that Licensee does not so self-insure. Prior to any
entry onto the Property by Licensee or any Representative, Licensee or any Representative
shall (a) deliver to Licensor, at the address set forth below, certificates of such insurance
naming Licensor as an additional insured, and (b) provide reasonable proof that Licensee and
its agents, employees, consultants and contractors are covered by statutory worker's
compensation insurance upon request. Licensee acknowledges that the right of entry granted in
this Agreement is expressly conditioned on Licensee's maintenance of the insurance policies
described in this Section 6. If Licensee receives notice that such policies will be canceled or
modified in accordance with clause (a) above, Licensee shall obtain the policies described
0
herein from an alternative insurer prior to such cancellation or modification, All certificates and
notifications to Licensor hereunder shall be addressed to Kirk C. Roloff, Archstone
Communities, One Spectrum Pointe Drive, suite 225, Lake Forest, California 92630
7. Assignability. Licensee shall not voluntarily or by operation of law assign or
transfer any rights, interests or obligations under this Agreement without Licensor's express
prior written consent.
Restoration. Prior to the expiration of the Term or upon any earlier termination of
this Agreement, Licensee shall remove all equipment and personal property therefrom not
belonging to Licensor, and leave the Property in the .condition that existed prior to
commencement of the Work.
8.
9. Amendment of License Agreement. The parties may, by mutual written
agreement, amend this License Agreement.
1.0. No?ices of Revocation of License. Licensor will provide Licensee with a minimum
of forty-five (45) days prior written notice of Licensor's revocation of this License during the term
of this Agreement.
11. Service of Notice. All notices required to be given to either party by the other
party shall be in writing and shall be deemed served when delivered by hand or by Federal
Express or similar service to that party's ( or its designee), address as set forth below:
If to the CityJLicensee:
City Engineer CITY OF CARLSBAD
1635 Faraday Avenue
Carlsbad, CA 92008
If to the Licensor:
13. No Third Partv Beneficiaries. This Agreement shall not be deemed to confer any
rights upon any individual or entity which is not a party hereto, and the parties hereto expressly
disclaim any such third-party benefit.
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Ill
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Ill
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111
14. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original and all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement for
Entry onto Property as of the day and year first above written.
"LICENSOR" "LIC ENS E E"
SEA CLIFF HOME OWNERS ASSOCIATION, CITY OF CARLSBAD, a municipal
a
EXHIBIT “A”
a PARCEL NO. 3 OF MINOR SUBDIVISION NO. 645 IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
1391 1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA, ON AUGUST 15,1985.
e