HomeMy WebLinkAboutPrecision Plumbing Enterprises; 1996-12-26; 2489ro
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
SEWER MAIN TELEVISION INSPECTION
CMWD PROJECT NO. 93-405
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CONTRACT NO. 2489
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TABLE OF CONTENTS Item Pane . e NOTICE INVITING BIDS ............................................................................................................ 1
CONTRACTORS PROPOSAL .................................................................................................. 5
BIDDER'S BOND TO ACCOMPANY PROPOSAL ................................................................... 10
DESIGNATION OF SUBCONTRACTORS ............................................................................... 14
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY ................................................... 16
BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................................ 17
BIDDER'S CERTIFICATE OF INSURANCE ............................................................................. 18
BIDDER'S STATEMENT OF DEBARMENT ............................................................................. 19
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ............................................................................... 20
CONTRACT- PUBLIC WORKS .............................................................................................. 21
LABOR AND MATERIALS BOND ............................................................................................ 29
PERFORMANCE BONR .......................................................................................................... 31
REPRESENTATION AND CERTIFICATION ............................................................................ 33
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION ...................................................................................... 34
RELEASE FORM ..................................................................................................................... 37
SPECIAL PROVISIONS
SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION .................................................................................. 36
I .
II . SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION FOR CONSTRUCTION MATERIALS ..................................... 46
Ill . SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION FOR CONSTRUCTION METHODS ....................................... 5C
IV . SUPPLEMENTAL PROVISIONS FOR CONSTRUCTION MATERIALS ............................. 5!
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April 11, 1996 e
ADDENDUM NO. 1
BIDPROJECT NO. SEWER MAIN TELEVISION INSPECTION - CONTRACT NO. 2489
Please include the attached addendum in the Notice to BiddedRequest for Bids you have
for the above project.
This addendum-receipt acknowledged-must be attached to your Proposal Form/Bid when
your bid is submitted.
F+edr4
RUTH FLETCHER
Purchasing Officer
RF:jlk
Attachment
1 ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
- e Bidder's Sigohture u -
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1200 Carlsbad Village Drive * Carlsbad. CA 92008-1 989 - (61 9) 434-2803 - FAX (61 9) 433-1 95;
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 29th day of
April, 19B, at which time they will be opened and read, for performing the work as follows:
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CONTRACT NO. 2489
SEWER MAIN TELEVISION INSPECTION
CMWD PROJECT NO. 93-405
The work shall be performed in strict conformity with the specifications as approved by the City
Council of the City of Carlsbad on file with the District Engineering Department. The
specifications for the work include the Standard Specifications for Public Works Construction,
(SSPWC), 1994 Edition, and the latest supplement, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association and as amended
by the special provisions sections of this contract. Reference is hereby made to the
specifications for full particulars and description of the work.
The 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 and where appropriate.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding
when a contractor or subcontractor has been debarred by another jurisdiction in California as ar
irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasin(
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 withhelc
until the Contract has been fully executed. The security submitted by all other unsuccessfu
bidders shall be returned to them, or deemed void, within ten (IO) days after the Contract i:
awarded. Pursuant to the provisions of law (Public Contract Code Section 10263), appropriatc
securities may be substituted for any obligation required by this notice or for any monies withhelc
by the City to ensure performance under this Contract. Section 10263 of the Public Contrac
Code requires monies or securities to be deposited with the City or a state or federally charterec
bank in California as the escrow agent. The escrow agent shall maintain insurance to cove
negligent acts and omissions of the agent in connection with the handling of retentions under thi!
section in an amount not less than $100,000 per contract.
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The documents which must be completed, properly executed, and notarized are:
1. Contractor's Proposal 8. Bidder's Statement of Technical
2. Bidder's Bond Ability and Experience
3. Non-Collusion Affidavit 9. Certificate of Insurance 4. - Contract IO. Bidder's Statement of Debarment
5. Designation of Subcontractors 11. Purchasing Department
6. Amount of Subcontractors' Bid Representation and Certification
7. Bidder's Statement of Financial 12. Escrow Agreement for Security
a
Responsibility Deposits (optional)
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 $75,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the
provisions of California state law. The contractor shall state their license number, expiration
date and classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: NiA in
accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents in
lieu of the usual 10% retention from each payment, these documents must be completed and
submitted with the signed contract. The escrow agreement may not be substituted at a later
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California,
for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed,
the cost for postage should be added.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the
Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor
Code, a current copy of applicable wage rates is on file in the Office of the 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 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall apply to the Contract for work.
A pre-bid meeting and tour of the project site will , will not XX be held.
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 unil
price, the corrected extension shall be calculated and the bids will be computed as indicated
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above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed
or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of
bid.
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Bonds to secure faithful performance and warranty of the work and payment of laborers and
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%), respectively, of the Contract price will be required for work on this project. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and
effect and be retained by the City until they are released as stated in the Special 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
contain the following documents:
1) An original, or a certified copy , of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do
so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement
and quarterly statement filed with the Department of Insurance pursuant to Article 10
(commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code,
within 10 calendar days of the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key
Rating Guide of at least A-:V, and (2) are 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 and (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. An) 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. If the Contractor
fails to comply with these requirements, the City may award the contract to the second or thiro
lowest bidder and the bid security of the lowest bidder may be forfeited.
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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. 928,
adopted on the 19*h day of March , 1996 .
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/996 J Date Aletha L. Rautenkrank, 'City Clerk
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CITY OF CARLSBAD
CONTRACT NO.
CONTRACTOR’S PROPOSAL
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City Council
City of Carlsbad
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 and Specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work to complete
Contract No. in accordance with the Plans and Specifications of the City of
Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
2489
Approximate
Item Quantity Unit
No. Description and Unit Price Total -
1 Television inspection of
6 sewer main at
5,434 dollars and 2 cents 20,127 L. F. 27cC L.F. $5,434.’
2 Television inspection of
8 sewer main at
20,598 dollars and 57 cents 76,281 L.F. 27e L.F. $20,598.
3 Television inspection of
10 sewer main at
4.158 dollars and 27 cents 15,401 L.F. 27cC L.F. $4.158.
4 Television inspection of
12 sewer main at
70 dollars and 20 cents 260 L.F. 27G L.F. $ 70.
5 Television inspection of
15 sewer main at
291 dollars and 60 cents 1,080 L.F. 27cC L.F. $ 291 a
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Total amount of bid in words:
AND TWENTY THREE CENTS
Total amount of bid in numbers: $ 30,550.23
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). 04%
proposal.
The Undersigned has checked carefully 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 CARLS BAD, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest
bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to
do business or act in the capacit of a contractor within the State of California, validly licensed under license number 7/l2aJ , classification e-% which
expires on ,3).97 , and that this statement is true and correct and has the legal effect of an aff!ikvit. .
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 Codes 20104.
The Undersigned bidder hereby represents as follows:
THIRTY THOUSAND FIVE HUNDRED FIFTY DOLLARS
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hadhave been received and is/are included in this
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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 8
bid for the same work, and is in all respects fair and without collusion or fraud.
(Cash, Certified Check. Accompanying this proposal is
Bond or Cashier's Check) for ten percent (16%) 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 suck
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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
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(1) Name under which business is conducted
(2) Signature (given a
(3) Place of Business
City and State
(4) Zip Code 92020 Telephone No. bL9# /J% --8F4JA
IF A PARTNERSHIP, SIGN HERE
(I) Name under which business is conducted
(2) Signature (given and surname and ch ure must be made
by a general partner) e
(3) Place of Business
(4) Zip Code Telephone No.
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IF A CORPORATION, SIGN HERE e
Impress Corporate Seal hen
(3) Incorporated under the laws of the State of
(4) Place of Business
City and State
(Street and Number)
(5) Zip Code Telephone No.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE @ ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a
corporation; if a partnership, list names of all general partners, and managing partners:
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BID SECURITY FORM
(Check to Accompany Bid) e
(NOTE: The following form shall
Accompanying this proposal is a *Certified *
OF CARLSBAD, in the sum o
dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City
through action of its legally constituted contracting authorities and the undersigned shall fail to
execute a contract and furnish the required Performance, Warranty and Payment Bonds and
proof of insurance coverage within the stipulated time; othewise, 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 bid within the period of fifteen (15) days after the date set for the
opening thereof, unless othewise required by law, and notwithstanding the award of the
contract to another bidder.
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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 (1 0%) of the total amount of the bid.)
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1 /29/9 B
Jawson msurancc: ra .CIY-L(D~-LI+J hpi iv JU LU-L~ r. UI
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BIDDER’S BOND (TO ACCOMPANY PROPOSAL)
a
KNOW ALL PERSONS 8Y THESE PRESENTS
Richard Hathaway dba: PrecisiFn That we, PI- ‘?ntWrises as Surety are held and firmly bound unto the CARLSBAD MUNICIPAL WATER DISTRICT,
in an amount 8s fullows: (must be at least ten percent ~I~IO) of rne oid arriuuriij
Four Thousand Five Xundred and OO/lOO ($4,500.001
for which payment, well and truly made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the abovsbounden Principal for:
, as Pnncipal, and American Contractors isdemni ty
CONTRACT NO. 2483
SEWER MAIN TELEVISION INSPECTION
CMWD PROJECT NO. 93-405
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in the City of Carisbad, is accepted by the Board of Directors, and if the Principal shall
duly enter into and execute a Contract, including required bonds and insurance policies,
within twenty (20) days from tha date of award of Contract by the Board of Directors of
the Catlsbad Municipal Water District, being duly notified of said award, then this
obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District.
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tkdder’s Bond
OalOllQ5 Rev.
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I-. Ul Fax : 619-464-1 14u Rpr 23 'Sb IC;LO Jackson Insurance
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In the event Principal executed this bond as an indfvidual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond.
Executed by PRlNClPALthis 26th Executed by SURETY this 26th day of April ,I9 96 , dayof Ami1 ~ 1Bqts.
PRi NCI PAL: SUREPI:
Richard Hathaway dba: Precision
Plumbinq Jnterprises
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American Contractors mi t.y COEI PanY
(Nme of Surety)
Signature of Attorney-in-Fact
printed name of Attorney-in-Fact
--. I -4.8 tf, --* '; Y ,,,- 2- i" By: fjy& h \A/-. A-
Richard Hathaway, Owner Cynthia J. Barnett, attomev ir, fats
(print name here)
(attach carporate resolution showing current power of attorney) (title and organization of signaterry)
0 y: (sign here)
(print name here)
e
(title of organization of signatory)
(Proper notarial acknowledgment of sxecutien of Principal and Surety must be attached.)
(President or vice-president and seoretary or aswitant seetetary must sign for corporations, If only one officer
ninns. the CCmO?trtiOn must att&ch n ru8olution certified by the secretary or 89S1stant secretm under corporate
se'nl empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R, BALL I
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Depu-ty General Counsel bf 8
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Bidder's Band o8ilolle5 Rev.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
California
County of Sari Di~o
On 4-26-96 before me,
personally appeared Cynthia J. Barnett
'E personally known to me - OR - 0 proved to me on the basis of satisfactory eviden
to be the person(@ whose name0 ISB
subscribed to the within instrument ar;d i
knowledged to me that HWshe/tw execut
the same in YiX3/her/Xtmm authoriz
capacity(XX@, and that by m/her/XBG
signature(@ on the instrument the person{
or the entity upon behalf of which t
person@) acted, executed the instrume
Carla M. Morris, Notary Public
DAW NAME TITLE OF OFFICE9 E G JANE DOE 3OTARY PUBLIC-
NAMEtS) OF SlGNERtSi
r/ 'X
SIGNATURE OF NOTARY
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Though the data below IS not requrred by law. it may prove valuable to persons relying on the document and could of€
frauduleot reattachment of this form.
CAPACITY CLAtMED BY SIGNER DESCRfPTlUN OF AITACHED DOCUMEE
TITLE OR lYPE OF DOCUMENT inElsI
NUMBER OF "AGES
OATE OF OOCUMENT
SIGNER IS REPRESENTING:
American Contractors Indemnitv
qAME OF PEilSON(S) OR ENnTYflES)
SIGNER(S) OTHER THAN NAMED ABOVE
ICY G? L16
CALIFORNIA All-PURPOSE ACKNOWLEDGMENT
California
On 4-26-96 before me, Cynthia J. Barnett, Notary Public
personally appeared Richard Hathaway
0 personally known to me - OR -=proved to me on the basis of satisfactory eviden
to be the person(s) whose name(s) is/a
subscribed to the within instrument and E
knowledged to me that he/she/they execut
the same in his/her/their authorizc
capacity(ies), and that by his/her/tht
signature(s) on the instrument the person(
or the entity upon behalf of which t
person(s) acted, executed the instrume
WITNESS my hand and official seal.
DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC'
NAME(S) OF SIGNER(S)
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!$ $ $4 'Y
,A
SlGhlATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prt
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEI
Bid Bond n CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
4-26-96
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(tES)
SIGNER(S) OTHER THAN NAMED ABOVE PL-.:cis.isIl 1::lmbinq Ent.erprises ~
01993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave . P.O. Box 7184 - Canoga Park, CI
A A&
,\ > 1 1.: 1; I (..I\ IN ( ..( )X- l'l< A ( r 1 .( ) 11s I :< I ) I< 11 A' 1.1 1' ( .( ) ,\I I ',IS j'
I .. 3:; /-% I 1 ]:<.la ":. ( ::! I I f, #I ,,I .I -0 l'<)i\'i.:l{ ( 11: A-I-1'0 1; S 1;s
Kx()i\j ,\!-I, MI:S II\* *I-I~I.;SI: I~ftIcsi<,v*rs: -rilrlt AN~;~;IGW COSI-KA(:IX)~~S INI)I~AI~NI-IS <:ohIi'Arw. :I c
Cc,rl)c)r:llic>li (111c Y3)IiiI>:ttiy-). nrici Iiaviric ils princi1):il officc iii lios ,\iiCcks. C:iiii<iriiia I~OCS 1icrt:I)y coristiliitc :inti ai>
Cynthia J. Earrictt of Sa9 Dieqo, California
3s its 1n:c and hwftii nttorrity(s)-in-fac(. in srnouIi( of s 1 t 00 0 8 0 0 0 -, Wcxccutc, scai and ticlivcr for :lr>ci on its
surely. aiiy and all bonds arid undertakings. rccognimnccs, contracts of indcinnily anti otlicr writings obiigatoxy iri ti
lircrcof. \vhich arc or may be allowed. required or pcrmittcti by la\%*. stati1tc. nilc, rc~ilalion, contract or otlicnvisc
c.~cclitio~j of sucli instriimcnt(s) in pursuaricc of thcsc prcscrits. siiall bc as binding upon the sniti Ai CcArI'I<ACK)RS IXDEAINI'IY COMPAh'Y. as fully and amply. to all intents nnd purposcs. :IS if tlie SJ~C liad bc
c.\-ccllicti aiid acknowlcdgcd by its regularly clcclcd officcrs 31 its priricip31 office.
Tjiis I'owcr of Attorney is executed. and may be ccrtiiicd to arid may be rcvokcd. pursuant to and by authority of rc: doptcd by the Board of Directors of AMERICAN COATRACI'ORS INDEAIINI'IY COMPAiiY. at a meeting callcd and
iflc,G~Ii clay of Dcccmi~cr. 1390.
KESOI.VE1) that thechicf Executive Officer. President or any Vice Presidcnt. Exccntive Vice President. Sccrctay or
Sccr-ctwry. sfrail Iiavc pow-cr and authority.
-
1. To appoint Attorncyjs>in-fad and toauthorizc them to execute on behalf of tIie Company. and attach the Scal of the
the.~to. bonds and undertaking% contracts of indemnity and other \\ritings obligxtov ingle nalurc thereof and.
2. To remove. at any time, any such Attorney-in-fact and revoke the autliority given.
RESOLVED FURTHER, that the signature of such officcrs and the seal of the Company may be affixed to any such
atiorncy or any certificate relating therto by facsimile. and any such power of attorney or certificate bearing such I signatures or facsmjle seal shall be valid and binding upon the Company and any such power so executed and CCI
ile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to a
o 'm derlaking to which it is attachcd.
IN tVITNESS WHEREOF. AMERICAN CONTRACMRS INDEYqI_T( CCMPANY has caused this.instrument to be sign
its coroorate seal to be,affied by its authorized officer this Ln dayof Mav
19 95 . (Q) glxtma!Dz
5 pn.li.135: .Q
f4f mx* STATE OFCALIFORNI.4 CCUNTY OF LOS AXGELES
bcforcme. mY WOlfe .pcrson3lIy appeared F..l_ Mr%enE Or. 5-18-95
E personally known to me - OR - 0 proved to me on the basis of satisfactory cvidencc to be the pcrson(s) whose name subscribed lo the within instrument and acknowledged to me that hc/she/thcya-ccuted thesame in his/ficr/theirau
, capacity(icsj, and tiiat by his/her/ttieir signature(s) on the instrunlent thc pcrson(s). or the cntity upon bchalf of w
pcrsonts) actcd. csccutcd tlic instmnlcnt.
1 \ \ 4.
CpJ-J'I p-I(-J,-]-j<]x ------ .--.-.-.
i.1lIc iiridcrsigncci officcr of ~~ENIC/LV COWIXACI'ORS iNi)mixI.iY COMI'LYY do ticreby ccrtify t~iat I imvc wmp ;crcgoirigcopyof I~IC Powcr of Alforric:,* arid :~Uih~ii. 3m? I~IC co?:'c:)f I~IC rcsolulioti xjoplcd I,. tlic Ik~nrd oi !)ircrtor
Coinjnriy 2s sr_t forii: in ::!j,: i:li..,..:r cr .:<.::c:r:* :.'. v
:aiiU iil:li s~iiie r1r-c corrcc: t1-aIi:;crii):s riicrcof :ir~ti
. , I' \. .. ,..- . ., . .. .
:;:I: :A;.> o:ii;;;i:,ix. AIIC; iil;rt iirc sai
- . - - - - . - - (f:l?, of ____ _._._ ____. .. . . - _______.._-_-_.____- .. ~~~~~S'i'I~l()~~~\~I~~~~~~~~)~~. I it:lt*a: iicri-itrilo s*:t til? 1::1:1<1 11ii:;- 26th
:ii rcvokcd ;II~ is IIOW ill it111 form arid cffccl.
Apr i 1 . __
-a ;I'
. .I
''! . -96. - __ . Q< (9&[5L
'/.- --- . . . .- -. ._ . - - . . . . - . . - ,<' I---. .- . . - -- - - - ---- .r.3., ..PC ' 4. c :;.-~.ic-i:~$flohn f;. .C;t!(-;l t.3
2
12
GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR & AMOUNT OF
SUBCONTRACTORS BID" AND "DESIGNATION OF OWNER OPERATORS & AMOUNT OF e OWNER OPERATOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator
disclosure forms Bidders are urged to review the definitions in Section 1-2
SSPWC especially, "Bid," "Bidder," "Contract," "Contractor," "Contract
Price," "Contract Unit Price," "Engineer," "Subcontractor" and "Work" and
the definitions in Section 1-2 of the Special Provisions especially "Own
Organization" and "Owner Operator/Lessee." Bidders are further urged to review the following sections of the Special Provisions 2-3.1 "General," 2-
3.3 "Subcontractor Items of Work," 2-3.4 "Owner Operators" and 2-3.5 "Penalties and Remedies."
CAUTIONS Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Bids that
propose performance of more than 50 percent of the work by other than the Contractor's own organization will be rejected as non-responsive.
Bidders shall use separate disclosure forms for each Subcontractor or
Owner Operator (O+O)/Lease of manpower and equipment that is
proposed to be used to complete the Work.
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or
Owner Operator/Lessee the percentage of the bid item installed by the
Subcontractor or Owner Operator/Lessee being listed in the line of the
form must be entered under the column "010 of Item by Sub" or "O/O of
Item by O+Ol as applicable. If a Subcontractor or Owner
Operator/Lessee installs or constructs any portion of a bid item the entire
amount of the Contract Unit Price shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessee installed.
Suppliers of materials from sources outside the limits of work are not
subcontractors. The value of materials and transport for materials from
sources outside the limits of work, as shown on the plans, shall be
assigned to the Contractor or to the Subcontractor, as the case may be,
installing them.
The item number from the "CONTRACTOR'S PROPOSAL'' (Bid Sheets)
shall be entered in the "Bid Item No." column.
When a Subcontractor has a Carlsbad business license the number musi
be entered on the form. If the Subcontractor does not have a valic
business license enter "NONE in the appropriate space.
Bidders shall make any additional copies of the disclosure forms as ma) be necessary to provide the required information. The number o additional form pages shall be entered on the first form page of each typc
so duplicated.
Bidder may, at its option, combine bid items on a single row in the char
on the disclosure forms. If using this option the Bidder must indicate thc
1/29/E
INSTRUCTIONS
0
0 m
13
bid item numbers to which the information in the row pertains. This option may a be used where the subcontractor or owner operator is
constructing or installing less than 100 percent of a bid item. The
percentages and dollar amounts may be the sums of the bid items listed
in that row.
When the Bidder proposes using a subcontractor or owner
operator/lessee to construct or install less than 100 percent of a bid item the Bidder must attach an explanation sheet to the designation of
subcontractor or designation of owner operatodlessee forms as
applicable. The explanation sheet must clearly apprise the Agency of the
specific tasks, materials and/or equipment that are proposed to be so
supplied.
a
e
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112919 m
14
DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR'S BID
The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required. This form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct
information may result in rejection of the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in
preparing this bid for the Work and that the listed subcontractors will be used to perform the
portions of the Work as designated in the list in accordance with applicable provisions of the
specifications and Section 4100 et seq. of the Public Contracts Code- "Subletting and
Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor
will be allowed to perform any portion of the Work and that no changes in the subcontractors
listed work will be made except upon the prior approval of the Agency.
Full Company Name:
Complete Address:
0
California State Contractors License No. & Classificatio
Carlsbad Business License No.: 0
Page of pages of this form e
1/29/9 w
15
DESIGNATION OF OWNER OPERATORS & AMOUNT OF OWNER OPERATOR WORK
The Bidder MUST complete each information field on this form for each owner operator/or
lessee (O+O) that it proposes to use to perform any portion of the Work, in an amount in excess of 0.5 percent of the Prime Contractor's bid. Additional copies of this form may be attached if
required. This form must be submitted as a part of the Bidder's sealed bid. Failure to provide
complete and correct information may result in rejection of the bid as non-responsive. Except for
the individuals listed below the Bidder certifies that no owner operatorAessee will be allowed to
perform any portion of the Work. The Bidder further certifies that no changes in the owner
operator listed work will be made except upon the prior approval of the Engineer. Provide a separate sheet for each Owner Operator/Lessee. See section 1-2 of the Special Provisions for
definition of Owner Operator/Lessee.
Full Owner Operator/Lessee Name:
Complete Address:
a
Street
City I %de Zip
Telephone Number plus Area Code:
OWNER OPERATOR WORK ITEMS
e
Page of pages of this form 0
112919 H
16
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked ‘‘CONFIDENTIAL.’’
0
A ,/ ,A 7-
0
0
1/29/9 B
0
Year End Adjusted December 31, 1995
Precision Plumbing Enterprises Richard A. Hathaway
766 Gable Way El Cajon, CA 92020
i""" s 12-31
0
~. 1 PRE PARZD WITr!C):iT AI '?IT I'IX?M INi ()I:',' ' '
Precision Plumbing Enterprises Richard A. Hathaway 766 Gable Way El Cajon, CA 92020
Year End Adjusted December 31, 1995
a5 BALANCE SHEET
ACCT DESCRIPTION
ASSETS
CURRENT ASSETS 102 Cash in Grossmont Bank $ (16,827.31)
103 Cash In Savings
104 Petty Cash Fund
200.80
250.00 TOTAL CURRENT ASSETS $ (16
OTHER ASSETS 190 Deferred Payroll Taxes 9 , 174.52 TOTAL OTHER ASSETS 9
$ (7 - - - - - - - - - - - - - -
TOTAL ASSETS
LIABILITIES & EQUITY
CURRENT LIABILITIES 138.30 292.00 232 Accrued Payroll Tax - Federal $
Accrued Payroll Tax - State @ TOTAL CURRENT LIABILITIES $
LONG TERM LIABILITIES
TOTAL LONG TERM LIABILITIES 6
262 N/P - Andy Anderson 6,778.47
TOTAL LIABILITIES 7
EQUITY 285 Capital - Hathaway 4,000.00
290 Drawing - Hathaway (9 , 774.15)
Loss (8,636.61) TOTAL EQUITY ( 14
$ (7 ------- - - - - - - - TOTAL LIABILITIES & EQUITY
0
PREPARED WITtiOUl ALJDI1 f90V INFOi?l\’:,’ ?’ 1’ ‘ -
rrecision rluming bnterprises
Richard A. Hathaway
766 Gable Way El Cajon, CA 92020
Year End Adjusted December 31, 1995
*m5 OPERATING STATEMENT
FINAL
SALES
301 Plumbing $ 186,602.92
302 Sewers & Drains 87 , 111.66
303 High Pressure Water Jetting 89 , 430.04
3 04 T. V. Inspection 90 , 364.64
TOTAL SALES 452,378.00
COST OF SALES
310 Refunds & Returns N/T (1,131.26) -
401 Parts 76,425.62
409 Subcontract Labor 1,688.00
415 Direct labor 54,912.00
TOTAL COST OF SALES 139,634.62
GROSS PROFIT $ 312,743.38
OPERATING EXPENSES 8,640.00 509 Outside Services Operating Supplies 2,044.27
E& Small Tools 16 , 914.01
512 Freight & Postage 796.75
515 Office Salaries 29,962.00
51501 Office Salaries - OT 747.00
520 Rent 36 , 150.00
521 Rent - Equipment 3,616.78
526 Utilities 4,979.93
13 , 876.29 529 Telephone
530 Repairs & Maintenance - General 3,135.63
531 Repairs & Maintenance - Equipment 6,057.15 Advertising & Promotion 238.41 534 535 Insurance - General Liab. 10 , 285.76
53501 Insurance - Workers Comp 3,141.60
53502 Insurance - Auto 4 , 645.00
538 Travel & Transportation 1,450- 00
539 Meals & Entertainment 350.00
542 Payroll Taxes 6,626.13
6,179.85 548 Permits & Licenses
550 Interest 4.61
551 Penalties 233.83
552 Vehicle - Repairs & Maintenance 34 , 510.41 Vehicle - Gas & Oil 21,729.69 553 556 Commissions 72,102.44 Returned Checks 4,463.00 'Qy Legal & Accounting 7,696.70 Office Expense 13 , 211.64
5 , 604.52 566
581 -Laundry 594 Bank Charges 1,950.05
41501 Direct Labor - OT 6,609.00 -
540 Property Taxes 37.34
-
F'REPA'XCD WiTWC' 'T [,(IFx[ r;:>P" IN, cj ,",! r,(>' *' 1
Precision Pluming Enterprises Richard A. Hathaway 766 Gable Way El Cajon, CA 92020
Year End Adjusted December 31, 1995
7 e5 OPERATING STATEMENT
FINAL
TOTAL OPERATING EXPENSES 321,380.79
OPERATING PROFIT or (LOSS) $ (8,637 -41)
OTHER INCOME & (EXPENSE) Interest Income -80 TOTAL OTHER INCOME & (EXPENSE) -80
NET PROFIT or (LOSS) $ (8 , 636.61)
901
____________-- ___________---
0
0
PF::PAI~TL) VJI- pp.,ti ;,- r>!- ~niv~fi I~F( r<p\f+,j 3 i- -t/ .*
17 -.
BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers,
which will enable the City to judge his/her responsibility, experience and skill. An attachment
can be used.
e
Name and Address No. of Person
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0
1/29/9 H
Name and Phone
Contract Name and Address No. of Person
of the Employer to Contract
MIKE ADAMS INSITUFORM
CITY OF L-A- 310-946-0046
1 CaQK
___I 1DrsTTrrFm
CITY OF SANTA MONICA MIKE ADAMS
INSITUFORM /I
CITY OF BUENA PARK
INSITUFORM cl
CITY OF UPLAND
INSITUFORN
eXTY OF RIALIATO
A
1 Wr: T-
/(
.LJ
LAGUANA BEACH I
Type Amount
Work Contract
CCTV 12 1000. 00
of of
20 1000. oc CCTV
CCTV 11,500-OC
10 t 000 .O(
CCTV
CCTV 10,000 - O(
CCTV 9,000- oo
1996 INSITUFORM
LA( WlLmINGTON 8
1
I 1 QQ6 ISITU FORM
~A(WILMINGTON 5)
CCTV 10 IO00 .I 0 C(
f( CCTV 10,000.0
CCTV 2t500.C 1996 INSITUFORM CITY F CHfJLA VISTA
18
BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS COMPENSATION
(To Accompany Proposal)
w
0
WY
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JACKSON INSURANCE SERVICES
5660 SHASTSLANE #43
- -___ - __
PRECISION PLUMBING ENTERPRISES 766 GABLE WAY EL CAJON, CA 92020 LIC#7162%
EKS a CONTRACTOR s PKOT
AC 11017355
~-
ON-OWNED AUTOS
PROPERTY DAMAGE
02VB7301-065
FORMED FOR THE CERTIFICATE HOLDER
CERTIFICATE HOLDER IS ALSO A NAMED ADDj,TIONAL INSURED
ARLSBAD CA. 92008-1989
19
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal) e
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
Yes -&
2. If yes, what was the name of the agency and what was the period of debarment?
0
c.
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20
NON-COLLUSION AFFIDAVIT
(TO ACCOMPANY PROPOSAL)
(REF: PUBLIC CONTRACT CODE 5 7106) e
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The Bidder shall fill in the three blank lines below with:
1.
2.
3.
The name(s) of the person(s) signing this bid on behalf of the Bidder.
The title(s) of the person(s) signing this bid in relation to the Bidder.
The legal name of the Bidder.
State of California 1
County of S&/~fl/&d )
) ss.
0QJ\jg, ,A A/ f.@ 6b5 '' p
(Name(s) of ferson(4 Signing this Bid on Behalf of the Bidder)
being first duly sworn,
deposes and says that he or she is 0 28Aflh~ I /-I of
L (Title(s) of the Person(s) Signing this Bid in -
Relation to the Bidder)
he Pa* fq&lfi]
of th"e'E%dder)//
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 or anyone interested in the
osed contract; that all statements contained in the bid are true; and further, that the
Non-Collusron Affidavit
08/01/95 Rev.
pQD
21
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, 0 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.
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right,
power, legal capacity and authority to enter into and declare under penalty of perjury that
the foregoing is true and correct, and that this affidavit was executed on behalf of the
Bidder, and have set their names, titles, and signatures hereon, thisaay of ,f%~&-+ 1&d?at cl, . i5- County, in the State of h,,-2- *
PROJECT: ci7$fc.f ~<+',!&.pO &7d&3 e I & SygY
BIDDER: Qflrc&+ 0 L&d EML*, IY if /e /,&L @d',k/&&
hame I /
f GQ&fZ CU&y
AddP- JHOU CGL cp&
,pi?7 os< /I
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Signatures must be made, and Notary Acknowledgements of execution of Bidder must
be attached.
To be submitted as part of the Bid Documents.
I declare under penalty of perjury that t
affidavit was executed on the2L3'hay o
Subscribed and sworn to before me on the &&''\day of r~ ~?SL( , 19i.b
(NOTARY SEAL)
&-LL .x\, .b UG- \
Signalthe of Notary
maw -c - CallfOm& e SAN DlW COUNTY
Non-Collusion Affidavit
08/01/95 Rev
-
--. _I 'TI
PT GI 0
00 3 YT)W z GZ+Ln U ow- zra .. mz
c3 f 7
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T
6
21
CONTRACT- PUBLIC WORKS-_, '
This agreement is made this &a day of ,&k&t&u , 19 76 , by and a
between the City of Carlsbad, California, a municipdl corporation, (hereinafter called "City"), and PRECISION PLUMBING ENTERPRISES whose principal place
of business is
766 GABLE WAY, EL CAJON CA 92020
(hereinafter called "Contractor".)
City and Contractor agree as follows:
I. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
SEWER MAIN TELEVISION INSPECTION
CONTRACT 2489 - CMWD PROJECT NO. 93-405
(hereinafter called "project")
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder's
Statements of Financial Responsibility, Technical Ability and Re Debarment, Non-collusion
Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Special
Provisions, and all proper amendments and changes made thereto in accordance with this
Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the
work as indicated, specified, and implied by the Contract Documents. Any items of work not
indicated or specified, but which are essential to the completion of the work, shall be
provided at the Contractor's expense to fulfill the intent of said documents. In all instances
through the life of the Contract, the City will be the interpreter of the intent of the Contract
Documents, and the City's decision relative to said intent will be final and binding. Failure
of the Contractor to apprise subcontractors and materials suppliers of this condition of the
Contract will not relieve responsibility of compliance.
Payment. For all compensation for Contractor's performance of work under this Contract,
City shall make payment to the Contractor per Section 9-3 of the Standard Specifications
for Public Works Construction (SSPWC) 1994 Edition, and the latest supplement,
hereinafter designated "SSPWC", as issued by the Southern California Chapter of the
American Public Works Association, and as amended by the Special Provisions section of
this contract. The closure date for each monthly invoice will be the 30th of each month. Invoices from the Contractor shall be submitted according to the required City format to the
City's assigned project manager no later than the 5th day of each month. Payments will be delayed if invoices are received after the 5th of each month. The final retention amount
shall not be released until the expiration of thirty-five (35) days following the recording of
the Notice of Completion pursuant to California Civil Code Section 3184.
2.
3. e
4.
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22
Public Contract Code section 20104.50 requires a summary of its contents to be set forth in
the terms of the contract. Below is such a summary. However, contractor should refer to
Public Contract Code section 20104.50 for a complete statement of the law.
The city shall make progress payments within 30 days after receipt of an undisputed and
properly submitted payment request from a contractor on a construction contract. If
payment is not made within 30 days after receipt of an undisputed and properly submitted
payment request, then the 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.
Upon receipt of a payment request, the city shall, as soon as practicable after receipt,
determine whether the payment request is a proper payment request. If the city determines that the payment request is not proper, then the request shall be returned to the contractor
as soon as practicable but not later than seven (7) days after receipt. The returned request
shall be accompanied by a document setting forth in writing the reasons why the payment
request was not proper.
If the city fails to return the denied request within the seven (7) day time limit, then the
number of days available to the city to make payment without incurring interest shall be reduced by the number of days by which the city exceeds the seven (7) day return
requirement.
"Progress payment" includes all payments due contractors except that portion of the final
payment designated by the contract as "retention earnings".
A completed and executed release form in the form described in this contract (hereinafter "Release Form") shall be submitted prior to approval of each progress payment. The
contractor shall list all disputed claims or potentially disputed claims which arise during the
pay period. The purpose of the Release Form is to bring timely attention to areas of dispute
or potential dispute between the contractor and the City for the pay period. Failure of the
contractor to submit a completed and executed Release Form shall constitute the
contractor's acknowledgment that no disputes of any type have arisen that pay period or
remain from previous pay periods and the contractor waives all future rights in making
claims for disputes arising in those pay periods. All previous and new disputed claims or
potentially disputed claims shall be listed on the Release Form until such time as the
disputed claims are resolved. The contractor shall not modify the Release Form in any wa!
Independent Investicration. 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.
Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements 01
from any unforeseen difficulties which may arise or be encountered in the prosecution o
the work until its acceptance by the City. Contractor shall also be responsible for expenses
incurred in the suspension or discontinuance of the work. However, Contractor shall not bc
responsible for reasonable delays in the completion of the work caused by acts of God H 1 /29/9
e
0
5.
6.
a
23
stormy weather, extra work, or matters which the specifications expressly stipulate will be
borne by City.
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. 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. Subsurface or latent physical conditions at the site differing from those incbted.
C. 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, pelformance 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.
Change Orders. City may, without affecting the validity of the Contract, order changes,
modifications and extra work by issuance of written change orders. Contractor shall make
no change in the work without the issuance of a written change order, and Contractor shall
not be entitled to compensation for any extra work performed unless the City has issued a
written change order designating in advance the amount of additional compensation to be
paid for the work. If a change order deletes any work, the Contract price shall be reduced
by a fair and reasonable amount. If the parties are unable to agree on the amount of
reduction, the work shall nevertheless proceed and the amount shall be determined by
litigation. The only person authorized to order changes or extra work is the Project
Manager. The written change order must be executed by the City Manager or the City
Council pursuant to Carlsbad Municipal Code Section 3.28.172.
Immigration Reform and Control Act. Contractor certifies he is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and has
complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are
included in this Contract.
IO. Prevailinn Waae. 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 pa!
prevailing wages. Contractor shall post copies of all applicable prevailing wages on the jot
site.
7.
0
0
8.
9.
0
1/29/9 w
24
11. 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 Contractor 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; except for loss or damage which was caused
solely by the active negligence of the City; and from any and all claims, loss, damages,
injury and liability, howsoever the same may be caused, resulting directly or indirectly from
the nature of the work covered by the Contract, unless the loss or damage was caused
solely by the active negligence 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.
12. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, his agents,
representatives, employees or subcontractors. Said insurance shall meet the 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:
1. Comprehensive General Liability Insurance:
0
0
$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.
$1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or
hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto'' and cannot be limited in any manner.
3. Workers' Compensation and Employers' Liabilitv 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 contain, or are endorsed to contain, the following
provisions. General Liability,Employers' Liability and Automobile Liabi1it)Coverages:
1. 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
1/29/96
2. Automobile Liabilitv Insurance
0 w
25
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 liabilityemployers' liability and auto liability cbverage.
2. 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.
3. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officials, employees or volunteers.
4. 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) "CLAIMS MADE POLICIES - If the insurance is provided on a "claims made" basis, coverage shall be maintained for a period of three years following the date of
completion of the work.
(D) 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.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - Any
deductibles or self-insured retention levels must be declared to and approved by the
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.
(F) 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.
(G) 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.
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to
transact the business of insurance by the State of California Insurance Commissioner
as admitted carriers as evidenced by a listing in the official publication of the
Department of Insurance of the State of California and/or under the standards
specified by the City Council in Resolution No. 91-403.
(I) 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
0
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1/29/96 H
26
endorsements are to be in forms approved by the City and are to be received and
approved by the City before work commences.
(J) COST OF INSURANCE - The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
13. 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 Special Provisions I section. The contractor shall initially
submit all claims over $375,000 to the City using the informal dispute resolution process
described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the
provisions of this section of the contract, all claims shall comply with the Government Tort
Claim Act (section 900 et seq., of the California Government Code) for any claim or cause
of action for money or damages prior to filing any lawsuit for breach of this agreement.
(A) 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) 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) 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 0 information.
(D) 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) 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) 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) Contractor hereby acknowledges that debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or subcontractor from participating in
con tract bidding .
0
I have read and understand all provisions of Section 13 above.
14. 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.
15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section
1720 of the Labor Code are incorporated herein by reference.
---TfiifiZlt---
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27
16. w. 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.
17. 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.
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1/29/96 w
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
ithin instrument
his/her/their signature(s) on the instrument the person@),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
Though the information belo it may prove valuable to persons relying on the document and could prevent
reattachment of th/s form to another document.
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
0 Corporate Offi
0 Guardian or C
.
28
18. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Special Provisions" attached hereto and made a part hereof. e
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
e
(print na meKile)
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
By:
0 H 1 /29/96
uupiiLauz LULLCZL~CU wLiyiiiaL
Bond No. 25168
Premium $917.00 29
LABOR AND MATERIALS BOND 8
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.
96-2 1 5
(hereinafter designated as the "Principal"), a Contract for:
adopted JUNE 18, 1996, has awarded to PRECISION PLUMBING ENTERPRISES
SEWER MAIN TELEVISION INSPECTION
CONTRACT NO. 2489 - CMWD PROJECT NO. 93-405
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other
Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail
to pay for any materials, provisions, provender or other supplies or teams used in, upon or about
the performance of the work agreed to be done, or for any work or labor done thereon of any
kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, PRECISION PLUMBING ENTERPRISES 1
as Principal, (hereinafter designated as the "Contractor"), and American Contractors Indemnit
as Surety, are held firmly bound unto the City of Carlsbad in the sum of FIFTEEN THOUSAND
TWO HUNDRED SEVENTY FIVE AND 12/100 Dollars ($ 15,275.12), said sum being fifty
percent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the
Contract, for which payment well and truly to be made we bind ourselves, our heirs, executors
and administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or 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, or for amounts due under the Unemployment Insurance Code with respect to such
work or labor, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to
such work and labor that the Surety will pay for the same, not to exceed the sum specified in the
bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to be fixed by the court, as required by the provisions
of Section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Section
3082).
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.
0
1 /29/96 H
1c
30
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.
L- Executed by CONTRAZOR this 1 L
CONTRACTOR: SURETY:
Executed by SURW this 11th
*
day of Q? h&qr I day of July 1 19 42. 19 95.
.I
.I .# ..
h American Contractors Indemnity Compai
> (name of Surety) .. .. 1081 Camino del Rio South #lo7
San Diego, Ca 92108
(address of Surety)
(telephone number of Surety)
(619)297-2900
(tile and organization of signatory)
Cynthia J. Barnett BY: - (sign here) (printed name of Attomey-in-Fact)
(attach corporate resolution showing current
power of attorney)
(print name here)
(tile and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one 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
0
By: ii'L<
YTey
0
1 /29/96
-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
Though the information belo it may prove valuable to persons relying on the document and could prevent
reattachment of this form to another document.
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
0 Corporate Officer
0 Partner - 0 Limited General
0 Attorney-in-Fact
0 Guardian or Conservator
Signer Is Representi
0 1994 National Notary Association 8236 Remrnet )73 Ave , PO Box &Ern 7 * Canoga Park CA 91309-7184
$5hpRz-Fre2 &W
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
7-11-96 before me, CARLA M. MORRIS, NOTARY PUBLIC
OAT€ NAME TITLE OF OFFICER E G JANE WE NOTARY PUBCIC
personally appeared CYNTHIA J. RARNETT
kd personally known to me - OR - c] proved to me on the basis of satisfactory evider
to be the person(s) whose narne(s) ISB
subscribed to the within instrument and i
knowledged to me that Wshe,%hq execut
the same in tqxx/her/blxem authoriz
capacity(ies), and that by WherPEDfi\c
signature(s) on the instrument the person(
or the entity upon behalf of which t
person(s) acted, executed the instrume
NAME(S) OF SlGNERlSI
S NATUR OFNOTARY LC
Though the data below IS not required by law. it may prove valuable to persons relying on the document and could pre
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED OOCUMEN
TITLE OR TYPE OF DOCUMENT
rmEG)
GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES
E GUARDIAfVCONSERVATOA
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
AMERICAN CONTRACTORS INDEMNITY COMPANY
NAME OF PERSON(S1 OR ENTITY(IESI
SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
.
A
AIM i: R I CAN CO MIXAClORS IN I) 1: &l NI'IY COiM I'ANY
1.0s Angcl(:s, Califorilia
I'OWE H OF KIT0 H N EY 0 KNOW ALL MEN IIY 'rIIL.:SE PRESEN'I'S: 'ffiat AMEHICA,V COWfRAC1Y)KS INIIEMNI'IY COMI'ANY, a Corporation (the "Company"). and having its principal office in Los Angclcs. Califorriia does Iicrcby constittite anti al
Cynthia J. Barnett of San Diego, California
as its tn:c and lawful Attorney(s)-in-fact, in amount of S 1 t OOo t 000 -, ~executc. scnl and tfeliver for and on its
surety, any and all bonds and undertakings, recogpizances, contracts of indernnity and othcr writings obligatory ir1 t
ttiercof, which are or may be allowed, required or permitted by law, statute, nile, regulation, contract or othe-wist.
cxccution of such instrument(s) in pursuaricc of these preserits. shall be as binding upon tlit: saitf ,q~ CONI'KAACTORS INDEMNITY COMPANY. as fully and amply. to all intents and purposes, RS if the same tiad t:
executed aiid acknowledged by its regularly elected olficers at its principal office.
TIiis Power of Attorney is executed. and may be certified to and may be revoked. pursuant to and by autliority of re
adopted by the Board of Directors of AMERICAN CONTRMTORS INDEMWIY c01MI'hi. at a meeting called an(
tlic 6th day of December, 1990.
HESOLVED that the Chief Executive Officer. President or any Vice President. Executive Vice President, Secretary or
Secretary, shall have power and authority.
L. To appoint Attomey(s>in-fad and to authorize them to execute on behalf of the Company. and attach the seal of the thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thcmf and,
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
-
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such j
attorney or any certificate relating them by facsimile, and any such power of attorney or certificate bearing such j signatures or facsmile seal shall be valid and binding upon the Company and any such power so executed and cer
csimile signatures and facsimile seal shall be valid and binding upon the Conlpany in the future with respect to a
undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEi YjItT COMPANY has caused this instrument to be si@ dayof- May
0
its cor orate seal to be affixed by its authorized officer this
19 9P . 0 s!#cam.m 3 .?-%-1W &
4 rroal\b STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
before me, mY Wolf e .personally appeared- on S-i8-95 a personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be tile personfs) whose name(
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisjherjtheiraut
capacity(iesj. and that by his/her/their sig-nature(s) on the instrument the person(s). or the entity upon behalf of wt
person(s) acted, executed the instrument.
--xYTrNESS rny hand and official seal. ____ ----
.- , \. I ORANGE COUNTY -
CElrrI FIUTIOpJ ---. ---d ---
I, tile undersigned officer of AMERICAN CONTRAC'ITIOHS INDEMNIlY COMPANY do hereby certify that I have compa foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors
Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE IIOMI; OFFICE OF SND ah
and lkrl same arc Correct trariscripts thereof and of the whole of the said originals. arid that. the said Power of Attor]
bccn rcvokcd arid is now in full force and effect.
July d:lY of --.---_____ ------_ . @ 'I'ES'I'IMONY WIII:RI<OIZ. I have lierunto set rriy ii:aIld ttiis 11th
---____- ------ --_- --- 9% - __________ a$g5-.
19 --96--_-.
Ass't Sw:rttf;i ohn s- sug ta
Ouplicate corrected original
Bond No. 26168
31 Premium $ 917.00
FAITHFUL PERFORMANCUWARRANTY BOND *
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.
96-215 , adopted JUNE 18, 1996, has awarded to PRECISION PLUMBING ENTERPRISES,
(hereinafter designated as the "Principal"), a Contract for:
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;
, as NOW, THEREFORE, WE, PRECISION PLUMBING ENTERPRISES
Principal, (hereinafter designated as the "Contractor"), and American Contraci Indemnity Company , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of THIRTY THOUSNAD FIVE HUNDRED FIFTY 23/ID@llars
($30,550.23 ), said sum being equal to one hundred percent (100%) of the estimated amount
of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract
and any alteration thereof made as therein provided on their part, to be kept and performed at
the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers,
employees and agents, as therein stipulated, then this obligation shall become null and void;
otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract, or to the work to be performed thereunder or the specifications
accompanying the same shall affect its obligations on this bond, and it does hereby waive notice
of any change, extension of time, alterations or addition to the terms of the contract or to the
work or to the specifications.
*
1 I2919 H
r C
32
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. o Executed by CONT this ! 4 Executed by+fJRW this IF
day - 1 day of LA~A 1 I .. .. .. ..
19% . (/- .. 19 ?!dof
.. SURETY: ..
(name of Surety)
American Contractors Indemnity %
1081 Camino del. Rio South #lo7 --
San Diego, Ca 92108
.. .. .. $W Company .. ..
(address of Surety)
(telephone number of Surety)
By:
(619)297-2900
Cynthia J. Barnett By:
(sign here) (printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
(print name here)
(Title and Organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one 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
J-I
I%puQGity Attorney 83k
e
1 /29/96
-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
Document Date:
Signer(s) Other Than Named Above:
0 Guardian or Conservator 0 Guardian or Conservat
CALJFUHNIA ALL-PURPOSE ACKNOWLEDGMENT
(24uEmm
before me, CARLA M. MORRIS, NOTARY PUBLIC
OA TE NAME TITLE Of OFFICER E G JANE DOE NOTARY PUBLIC-
personally appeared CYNEIIA J. RARNETT
kd personally known to me - OR - proved to me on the basis of satisfactory eviden
to be the person(s) whose name(s) ism
subscribed to the within instrument and a
knowledged to me that WsheMmy executl
the same in hxx/her/ttxm authorizt
capacity(ies), and that by WherRXE
signature(s) on the instrument the person(:
or the entity upon behalf of which tt
person(s) acted, executed the instrumer
NAMEIS) OF SIGNERIS)
Though the data below IS not required by law. It may prove valuable to persons relying on the document and could prek
fraudulent reattachment of this form.
CAPACITY CLAlMED 8Y SlGNER DESCRlPTlON OF ATTACHED DOCUMEN'
TITLE OR TYPE OF DOCUMENT TmEISI
~ATORNEY-IN-FACT NUMBER OF PAGES
E GUAROiAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING.
AMERICAN CONTRACTORS I~ENNITY COMPANY
NAME OF PEASONIS) OR ENTIWIES)
SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
.
A
AIM i:ft ICAN C(>PITI'I<ACIY)RS IN 1)EM NU" COIM ['ANY
Los Angela, ca li forIiia
I'OWE K 0 F A'I-I*O K N I:Y e KNOW ALL MEN ISY 'TIIESE PHESEWIS: 'That AMEHICItV CON'fRAC1Y)HS INIIEMNI'IY COMPANY, ;i $ Corporation (the "Conipany"). and having its principal office in Los Angeles. Califorriia does 1ierc:by constitiite and al
Cynthia J. Barnett of San Diego, California
as its tn:c and lawful Attorney(s)-in-fact, in amount of $ 1 f Oo0 , 000 -, QSexecute. seal and deliver for and on its
surety, any and all bonds and undertakings, recognizances, contracts of indernnity and other writings obligatory iri tl
tliercof, which are or may be allowed. required or permitted by law, statute. nile, reguiation, contract or othewise
exccution of such instrument(s) in pursuance of these preserits, shall be as binding upon the said m COI\TIXNX3RS INDEMNI'IY COMPANY, as fully and amply, to all intents and purposes, as if the same ]lad b
executed arid acknowledged by its rebalarly elected officers at its principal office.
Ttiis Power of Attorney is executed, and may be certified to and may be revoked. pursuant to and by autliority of re
adopted by the Board of Directors of ILMEHICAiV CONTRACTORS INDEiMNI'lY COiMI'hNy. at a meeting called anc
the Gtfi day of December. 1990.
RESOLVED that the Chief Executive Officer. President or any Vice President, Executive Vice President. Secretary or
Sccrctary. shall have power and authority.
-
1. To appoint Attorneyis)-in-fad and to authorize them to execute on behalf of the Company, and attach the seal of the thereto, bonds and underiakingx, contracts of indemnity and other writings obligatory in tI ic nature thereof and,
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such I
attorney or any certificate relating therto by facsimile, and any such power of attorney or certificate bearing such f signatures or facsmile seal shall be valid and binding upon the Company and any such power so executed and cer
facsimile signatures and facsimile seal shatl be valid and binding upon the Company in the future with respect to a
ndertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDE yIItT CCMPANY has caused this instrument to be sign( its cor orate seal to be affixed by its authorized officer this dayof- Mav
."
19 9P .
KfRACTOR IN EMNITY COMPAN 0 l!#awm% T 4 A:T& BY- __A- E. J . -_. cKenna -___-_ President __ ______- -
z5 m.?6.1s9d .Q
* 41 rmxk *
3. STATE OF CALIFORNIA COUNn OF LOS ANGELES
.personally appeared E - ,T - - On 5-18-95 before me. mY wolfe a personally known to me - OR -0 proved to me on the basis of satisfactory evidence to be the personfs) whose name(
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theiraut
capacity(iesj. and that by his/her/their signaturets) on the instrument the person(s), or the entity upon behalf of ~k
person(s) acted. executed the instrument.
--WFTNESS rny hand and official seal. ___- ---
CE~I ~rmmoN
I. the undersigned officer of AMERICAN CONTRACI'OHS INDEMNI'IY COMPANY do hereby certify that I have compa foregoing copy of the Power of Attorney and affidavit. and the copy of the resolution adopted by the Board of Directors
Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SND COh
and th:~t same are correct transcripts thereof and of the whok of the said originals, and that the said Power of Attor] bccri rcvoked and is now in full force and effect.
July d:lY of ...-._-____-_ _________ . ..... I=S I IMONY WIII<REOI'. I have Iierurito set rriy Iiiind tltis 1 lth
96 . 19 _ ___ .____
@I
-______- ----- ----._.__ g%oqA - ___________ ..._---.
Ass't Sccr(:t:i ohn s. sug ta
RS & CONTRACTORS PROT
AC 11 01 7355
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
CITY OF CARLSBAD
PURCHASING DEPARTMENT ATTN: KEVIN DAVIS
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008-1 989
FIRST F1 NANCIAL INSURAP ('I C C KPANY
THIS ENDORSEMENT CHANGES WE POUCY. PLEASE READ IT CAF?EFUUY.
0 CONTRACTORS (FORM B)
ADDMONAL lNSURED - OWNERS, LESSEES or
/
This endorsement modiflet3 Insurance provlded under the following:
COMMERCIAL GENERAL UABIUM COVERAGE PART,
SCHEDULE
Name of Person or Organization:
CITY OF CARLSBAD 1200 Carlsbad Village Drive
Carlsbad, Ca
(If no entry appears above, 'olformation required to complete this endorsement will be shown in the Declari applicable to this endorsement.) WHO IS AN INSURE0 (Section II) is amended to include as an insured the person or organization show Schedule, but only with respect to liability arising out of 'your work' for that insured by or for you.
0
I
0-c
^C
CQ 10 10 11 8s -WWU-----1WI -
MERCURY CASUALTY
THIS ENDORSEME" CHANGES THE PoUCY- PLEASE RMD IT CAF4EFlJUYN
0 CONTRACTORS (FORM B)
This endorsement modlfles Insurance provided under the followlng:
ADDITIONAL INSURED - OWNERS, LESEES or
/
AUTOMOBILE UABlllM COVERAGE PART.
SCHEDULE
Name of Person or Organlzatlon:
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, Ca 92008
(If no entry appears above, information required to complete this endorsement will be shown in the Declar
applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shot
Schedule, but onfy with respect to liability arising Out of your work' for that insured by or for you.
e
1
.-c ^C
CQPlOll w ---1y1 -
33
CITY OF CARLSBAD
Purchasing Department
1200 Carlsbad Village Drive
Carlsbad CA 92008
REPRESENTATION AND CERTIFICATION
e
The following representation and certification should be completed, signed and returned to Crty of Carlsbad.
REPRESENTATIONS: Mark all applicable blanks. This
offeror represents as part of this offer that the ownership,
operation and control of the business, in accordance
with the specific definitions listed below is:
Are you currently certified by CALTRANS?
YES- NO K
Certification #:
riate Ethnic Ownershi CERTIFICATION OF BUSINESS
REP RES E NTATIO N f S):
Mark all applicable blanks. This offeror represent:
part of this offer that:
This firm is-, is nota a minority business.
This firm is-, is not+ a woman-owned busir
WOMAN -OWNED BUS IN ESS : A woma n-own ec
ness is a business of which at least 51 percent is c
controlled and operated by a woman or WOI
Controlled is defined as exercising the power to
policy decisions. Operation is defined as a
involved in the day-to-day management.
SINESS ENTERPRISE: "Minority Busi- FIRM'S PRIMARY PRODUCTS OR SERVICE: ness" is defined as a business, at least 51 percent of
which is owned, operated and controlled by minority
group members, or in the case of publicly owned
businesses, at least 51 percent of which is owned,
operated and controlled by minority group members.
The Small Business Administration defines the socially
and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le.
Hawaiians), and Asian-Pacific Americans (i.e., U .S.
Citizens whose origins are from Japan, China, the
Philippines, Vietnam, Korea, Samoa, Guam, the U.S.
Trust Terriiories of the Pacific, Northern Marianas, Laos,
Cambodia and Taiwan).
CONSTRUCTION CONTRACTOR:
CLASSIFICATION(S):
American Indian, Eskimos, Aleuts and Native e53 6
TAXPAYERS I.D. NO.
CERTIFICATION
The information furnished is certified to be factual and correct as of the date submitted.
COMPANY NAME P4&&&/ &*&w
KL &a+@ Cb- 5ao3[)
ADDREg%6 Qo,pk Le/
CITY, STATE AND ZIP
TELEPHO'NE NUMBER- t rw o$% e
1/29/96 w
34
OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION e
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, einafter called "City"
and whose
address is
fter called "Contractor" and Y / Pki
whose address is
hereinafter called "Escrow Agent." Y
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 SEWER MAIN
TELEVISION INSPECTION, CONTRACT 2489, CMWD PROJECT NO. 93-405 in the
amount of dated (hereinafter referred to as
the "Contract"). Alternatively, on written request of the contractor, the City shall make
payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify
the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover
negligent acts and omissions of the escrow agent in connection with the handling of
retentions under these sections in an amount not less than $100,000 per contract. The
market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the , and shall designate the Contractor as the
beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions, provided
that the Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
agent shall hold them for the benefit of the contractor until such time as the escrow created
under this contract is terminated. The contractor may direct the investment of the payments
into securities. All terms and conditions of this agreement and the rights and responsibilities
of the parties shall be equally applicable and binding when the City pays the escrow agent
directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the
Escrow Agent in administering the Escrow Account and all expenses of the City. These
expenses and payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be
subject to withdrawal by Contractor at any time and from time to time without notice to the
City.
hereii
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1/29/96 w
35
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from
City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days' written notice to the Escrow Agent from the City of the
default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and
complete and that the Contractor has complied with all requirements and procedures
applicable to the Contract, the Escrow Agent shall release to Contractor all securities and
interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall
be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor
pursuant to Sections (1) to (8), inclusive, of this agreement and the City and Contractor shall
hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of
the securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
0
e For City:
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
a
1 /29/96 @g
36
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above.
o
For City: Title
Name
For Contractor:
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address 0
0
1/29/96 w
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RELEASE FORM
a THIS FORM SHALL BE SUBMITTED PRIOR TO APPROVAL OF MONTHLY PROGRESS
PAYMENTS.
NAME OF CONTRACTOR:
PROJECT DESCRl PTION:
PERIOD WORK PERFORMED:
SEWER MAIN TELEVISION INSPECTION
RETENTION AMOUNT FOR THIS PERIOD: $
DISPUTED WORWCIAIMS
DESCRIPTION OF DISPUTED WORWCLAIM AMOUNT CLAIMED
/OR ESTIMATE)
0
Contractor further expressly waives and releases any claim Contractor may have, of whatever
type or nature, for the period specified which is not shown as disputed worklclaim on this form.
This release and waiver has been made voluntarily by Contractor without any fraud, duress or
undue influence by any person or entity. Contractor is referred to paragraph 4 of the Public
Works Contract.
Contractor acknowledges full cognizance of the California False Claims Act Government Code
Sections 12650-12655 and Carlsbad Municipal Code Sections 3.32.025 to 3.32.028
implementing the California False Claims Act and certifies that all claims submitted to the City
shall be subject to the provisions of said codes and regulations.
Contractor further certifies, warrants, and represents that all bills for labor, materials, and work
due Subcontractors for the specified period will be paid according to Public Contract Code
0
1/29/96 H
38
Section 20104.50 and Business and Professions Code Section 7108.5 and that the parties
signing below on behalf of Contractor Rave express authority to execute this release.
DATED:
(b
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership, Corporation,
etc.)
By:
Title:
By:
Title:
e
e
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39
SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS TO
STANDARD SPECIFICATIONSFOR PUBLIC WORKS CONSTRUCTION
0
1-1 TERMS
To Section 1-1, add:
A. 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 othewise.
B. 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 City Engineer,"
unless stated otherwise.
C. 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.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at her/his 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
her/his expense, shall furnish and install the work, complete in place and ready to use, including
furnishing of necessary labor, materials, tools, equipment, and transportation.
0
1-2 DEFINITIONS
Modify Section 1-2 as follows:
Agency- the City of Carlsbad, California
Engineer- the Project Manager for the City of Carlsbad or his approved representative
2-4 CONTRACT BONDS
0 Delete the third sentence of the first paragraph having to do with a surety being listed in the
latest revision of U.S. Department of Treasury Circular 570.
1 /29/96 h
40
Modify Paragraphs three and four to read:
The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and
materials bond) for this contract. The faithful performance/warranty bond shall be in the amount
of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent
of the contract price. Both bonds shall extend in full force and effect and be retained by the city
during the course of 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 35
days after recordation of the Notice of Completion and will remain in full force and effect for the
one year warranty period and until all warranty repairs are completed to the satisfaction of the city engineer.
The payment bond shall be released six months plus 35 days after recordation of the Notice of
Completion if all claims have been paid.
Add the following:
All bonds are to be placed with a surety insurance carrier admitted and authorized to transact
the business of insurance in California and whose assets exceed their liabilities in an amount
equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.
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 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.
0
2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Standard Specifications for Public Works
Construction, (SSPWC), 1994 Edition, and the latest supplement, hereinafter designated
"SSPWC", as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Special Provisions section of this contract.
The Construction Plans consist of sheet(s) designated as City of Carlsbad Drawing
No. . The standard drawings utilized for this project are the latest edition of the Sari
Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San
Diego County Department of Public Works, together with the City of Carlsbad Supplemental
Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents
All plans and specifications, including a Traffic Control Plan if applicable, shall be approved by
the City as a condition precedent to issuance of a Notice to Proceed. e
1/29/96 H
41
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacturer's direction,
the Contractor shall obtain and distribute the necessary copies of such instruction, including two
(2) copies to the City.
To Section 2-5, add:
2-5.4 Record Drawinas
The Contractor shall provide and keep upto-date a complete "as-built" record set of transparent
sepias, which shall be corrected daily and show every change from the original drawings and
specifications and the exact "as-built" locations, sizes and kinds of equipment, underground
piping, valves, and all other work not visible at surface grade. Prints for this purpose may be
obtained from the City at cost. This set of drawings shall be kept on the job and shall be used
only as a record set and shall be delivered to the Engineer upon completion of the work.
0
3-5 DISPUTED WORK
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.
201 04.2 For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the
claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is
intended to extend the time limit or supersede notice requirements otherwise provided by
contract for the filing of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond
in writing to any written claim within 45 days of receipt of the claim, or may request, in writing,
within 30 days of receipt of the claim, any additional documentation supporting the claim or
relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a
period of time no greater than that taken by the claimant in producing the additional information,
0
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1 I29196 b
42
whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all
written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to
the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be
submitted to the claimant within 30 days after receipt of the further documentation, or within a
period of time no greater than that taken by the claimant in producing the additional information
or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either
within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s
failure to respond within the time prescribed, respectively, and demand an informal conference
to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency
shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute,
the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and
Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government
Code. For purposes of those provisions, the running of the period of time within which a claim
must be filed shall be tolled from the time the claimant submits his or her written claim pursuant
to subdivision (a) until the time that claim is denied as a result of the meet and confer process,
including any period of time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims
subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings,
the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of
both parties. The mediation process shall provide for the selection within 15 days by both parties
of a disinterested third person as mediator, shall be commenced within 30 days of the submittal,
and shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the
court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of
Civil Procedure, notwithstanding Section 1 141.1 1 of that code. The Civil Discovery Act of 1986
(Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil
procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable
hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be
paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause,
determines a different division. In no event shall these fees or expenses be paid by state or
county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the
Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de
novo but does not obtain a more favorable judgment shall, in addition to payment of costs and
0
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(I)
1 /29/96 H
43
fees under that chapter, pay the attorney's fees of the other party arising out of the trial hvo.
(c) The court may, upon request by any party, order any witnesses to participate in the
mediation or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is
filed in a court of law.
0
4-1 MATERIALS AND WORKMANSHIP
To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed representative. The
Engineer shall have free access to any or all parts of work at any time. Contractor shall furnish
Engineer with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve
Contractor from any obligation to fulfill this Contract.
Modify Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testing
materials and/or workmanship where the results of such tests meet or exceed the requirements
indicated in the Standard Specifications and the Special Provisions. The cost of all other tests
shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of he materials shall be approved by
him before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after trial, it is found that sources of supply which
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. Material that fails to meet specifications after-improper storage, handling or any other
reason shall be rejected.
All backfill and subgrade shall be compacted in accordance with the notes on the plans and the
SSPWC. Compaction tests may be made by the City and all costs for tests that meet or exceed
the requirements of the specifications shall be borne by the City.
Said tests may be made at any place along the work as deemed necessary by the Engineer.
The costs of any retests made necessary by noncompliance with the specifications shall be
borne by the Contractor.
Add the following section:
4-1.7 Nonconformincl Work
The contractor shall remove and replace any work not conforming to the plans or specifications
upon written order by the Engineer. Any cost caused by reason of this nonconforming work
shall be borne by the Contractor.
0
5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, by a search of known records,
0
1 I29196 H
44
endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the
work. However, the accuracy of completeness of the utilities indicated on the Plans is not
guaranteed.
5-4 RELOCATION
0
Add:
The temporary or permanent relocation or alteration of utilities, including service connection, desired by the Contractor for hidher own convenience shall be the Contractor's own responsibility, and he/she shall make all arrangements regarding such work at no cost to the
City. If delays occur due to utilities relocations which were not shown on the Plans, it will be
solely the City's option to extend the completion date.
In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities which interfere with the construction, the Contractor, upon request to the City, may be
permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted
shall be constructed by the Contractor immediately following the relocation of the utility involved
unless otherwise directed by the City.
6-1 CONSTRUCTION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
1. The prime contractor is required to prepare in advance and submit at the time of
the project preconstruction meeting a detailed critical path method (CPM) project
schedule. This schedule is subject to the review and approval of the City and
such approval shall be a condition precedent to issuance of the Notice to
Proceed by City.
2. The schedule shall show a complete sequence of construction activities,
identifying work for the complete project in addition to work requiring separate
stages, as well as any other logically grouped activities. The schedule shall
indicate the early and late start, early and late finish, 50% and 90% completion,
and any other major construction milestones, materials and equipment manufacture and delivery, logic ties, float dates, and duration.
The prime contractor shall revise and resubmit for approval the schedule as
required by City when progress is not in compliance with the original schedule.
The prime contractor shall submit revised project schedules with each and every application for monthly progress payment identifying changes since the previous
version of the schedule.
The schedule shall indicate estimated percentage of completion for each item of
work at each and every submission.
5. The failure of the prime contractor to submit, maintain, or revise the
aforementioned schedule (s) shall enable City, at its sole election, to withhold up
to 10% of the monthly progress payment otherwise due and payable to the
contractor until the schedule has been submitted by the prime contractor and
approved by City as to completeness and conformance with the aforementioned
0
3.
4.
(I) provisions.
1/29/96 H
45
No changes shall be made to the construction schedule without the prior written approval of the
Engineer. Any progress payments made after the scheduled completion date shall not constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or relocation of conflicting utilities
shall be requirements prior to commencement of work by the Contractor.
a
6-5 TERMINATION OF CONTRACT
Grounds for termination of the contract by the City include failure of the City or Contractor to
obtain necessary permits from other governmental agencies, or unreasonable delay caused by
enforcement of laws and regulations by other public agencies, including but not limited to,
enforcement of the Endangered Species Act and other similar laws.
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
The City shall not be liable for delay caused by the enforcement of laws and regulations by other public agencies, including but not limited to, enforcement of the Endangered Species Act and other similar laws.
6-5 TERMINATION OF CONTRACT
Grounds for termination of the contract by the City include failure of the City or Contractor to
obtain necessary permits from other governmental agencies, or unreasonable delay caused by
enforcement of laws and regulations by other public agencies, including but not limited to,
enforcement of the Endangered Species Act and other similar laws.
PAYMENT FOR DELAYS TO CONTRACTOR
The City shall not be liable for delay caused by the enforcement of laws and regulations by other
public agencies, including but not limited to, enforcement of the Endangered species Act and
other similar laws.
e
6-7 TIME OF COMPLETION
The Contractor shall begin work within
Proceed" and shall diligently prosecute the work to completion within
days after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.m. and sunset, from Mondays through Fridays. The contractor shall obtain the approval of the Engineer
if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission of the
Engineer. This written permission must be obtained at least 48 hours prior to such work. The
Contractor shall pay the inspection costs of such work.
calendar days after receipt of the "Notice to
consecutive
6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (I) year after the filing of a "Notice of Completion" and any
faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor, at his expense. Twenty-five percent of the faithful performance bond shall be
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retained as a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $
per day for each day beyond the completion date as liquidated damages for the delay. Any progress payments made after the specified completion date shall not constitute a waiver of this
paragraph or of any damages.
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7-3 LIABILITY INSURANCE
Add the following:
All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at
least A-:V and are admitted and authorized to conduct business in the state of California and
are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that are admitted and authorized to conduct business
in the state of California and are listed in the official publication of the Department of Insurance
of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance.
0 7-5 PERMITS
Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and
building permits necessary to perform work for this contract on City property, in streets,
highways (except State highway right-of-way), railways or other rights-of-way.
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
7-8 PROJECT AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working days at
the City's request.
Add the following to Section 7-8:
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 City Noise Control Ordinance No.
3109, Carlsbad Municipal Code, Chapter 8.48. @
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7-10 PUBLIC CONVENIENCE AND SAFETY
0 Add the following to Section 7-1 0.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the work 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. He/she shall erect and properly maintain at all time, 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 which affect this work include Chapter 1 1.06. 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, such conditions or modifications established pursuant to
Section 1601 of the Fish and Game Code shall become conditions of the contract.
8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
9-3 PAYMENT
0
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amount of
retention.
10 SURVEYING
Contractor shall employ a licensed land surveyor or registered civil engineer to perform
necessary surveying for this project. Requirements of the Contractor pertaining to this item are
set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service
within appropriate items of proposal. No separate payment will be made.
Survey stakes shall be set and stationed by the Contractor's surveyor for curbs at 50' intervals
(25' intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, headers, sewers, storm drains, and structures (4 comers min.). Rough grade as required to satisfy cut of fill to finished
grade (orflowline) as indicated on a grade sheet.
Contractor shall transfer grade hubs for construction and inspection purposes to crown line base grade of streets as required by Engineer.
Contractor shall protect in place or replace all obliterated survey monuments as per Section
8771 of the Business and Professional Code.
Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencing
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construction of surveyed item.
11 WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the construction under
this contract. The Contractor shall contact the appropriate water agency for requirements. The
contractor shall include the cost of water and meter rental within appropriate items of the
proposal. No separate payment will be made.
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II. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
FOR CONSTRUCTION MATERIALS *
(NOTE TO PROJECT MANAGER: These supplemental provisions for materials and work comprise the
technical or detail specifications and must be tailored to each project using the design engineer's
experience and judgment. The Standard Special Provisions by the Regional Standards Committee is a
good reference.)
200-2 UNTREATED BASE MATERIAL
Aggregate base shall be crushed aggregate base (Section 200-2.2), crushed slag base (Section
200-2.3), or crushed miscellaneous base (Section 200-2.4).
201-1 PORTLAND CEMENT CONCRETE
Concrete for drainage ditch shall be Class 520-C-2500.
Modify Section 201-1.2.1, Portland Cement, as follows:
First paragraph, first sentence amend to read: "All cement to be used or furnished shall be low
alkali and shall be either Type I or Type I1 Portland Cement conforming to ASTM C 150, or Type
IP (MS) Portland Pozzolan Cement conforming to ASTM C 595, unless otherwise specified."
Modify Section 201-1.2.3, Water, as follows:
Second paragraph replace "1 ,OO@pm (mg/L) of sulfates" with "1,300 (mg/L)ppm of sulfates."
Third paragraph replace "800ppm (mg/L) of sulfates" with "1,300 (mg/L)ppm of sulfates."
(b) Air-entraining Admixtures
Last paragraph amend to read: "A tolerance of plus or minus 1-1/2 percent is allowed. The air
content of freshly mixed concrete will be determined California Test Method No. 504."
Modify Section 201-1.3.3, Concrete Consistency, as follows:
Second paragraph delete: "and shall not exceed amounts shown in following table:" Also
delete table.
Modify Section 201-1.4.3, Transit Mixers, as follows:
Add after listing of information for weighmaster's certificate: "Transit mixed concrete may be
certified by mix design number, provided a copy of the mix proportions are kept on file at the
plant location for a period of 4 years after the use of the mix."
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201-2 STEEL REINFORCEMENT FOR CONCRETE
No changes.
203-6 and 400-4 ASPHALT CONCRETE
Asphalt concrete shall be class C2-AR 4000, C3-AR 4000, or Type Ill C3-AR 4000. 0
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CLASS
SIEVE
SIZES
1" (25 mm) 3/4" (1 9 mm) 1 /2" (1 3 mm)
3/8" (IO mm)
No. 4 No. 8
No. 30
No. 22
Asphalt %
B2 B3
INDIVIDUAL MOVING IN DlVl DUAL MOVING
TEST RESULT AVERAGE TEST RESULT AVERAGE 1
100 100 100 100
87-1 00 90-1 00 90-1 00 95-1 00
75-95 80-90 85-1 00 85-95
50-80 60-75 60-84 65-80
30-60 40-55 40-60 45-60
22-44 27-40 24-50 30-45
8-26 12-22 1 1-29 15-25 1-8 3-6 1-9 3-7
4.6-6.0 4.6-6.0
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Class D - Change % Passing No. 200 to 5-12
0 Add the following: "Table of Sand Equivalent and Cleanness Values" and modify the sand
equivalent value in the first paragraph and in the table of requirements in Section 400-4.3 to the
values as noted in this added table."
Table of Sand Equivalent and Cleanness Values
Mix Sand Cleanness - Size Equivalent (Min.) Value (Min.)
D 45 Individual 55 Individual
50 Moving Average 60 Moving Average
C 50 Individual 60 Individual
B 50 Individual 60 Individual
After the last paragraph, add the following:
The aggregated from each separate bin for asphalt concrete, Type Ill, except for the bin
containing the fine material shall have a Cleanness Value as noted in the added "Table of Sand
Equivalent and Cleanness Values" and as determined by Test Method No. Calif. 227, modified
as follows:
Tests will be performed on the material retained on the No. 8 sieve from each bind and will not
be a combined or averaged result.
Each test specimen will be prepared by hand shaking for 30 seconds, a single loading of the
entire sample on a 12-inch diameter, No. 4 sieve nested on top of a 12-inch diameter, No. 8
sieve.
Where a coarse aggregate bind contains material which will pass the maximum size specified
and be retained on a 3/8 inch sieve, the test specimen weight and volume of wash water
spe.cified for one inch x No. 4 aggregate size will be used.
Samples will be obtained from the weight box area during or immediately after discharge from
each bin of the batching plant or immediately prior to mixing with asphalt in the case of
continuous mixers.
The Cleanness Value of the test sample from each of the bins will be separately computed and
reported.
Modify Section 400-4.4, Storing, Drying and Screening Aggregates, as follows:
After fifth paragraph, add: "When the Contractor adds supplemental fine aggregate, each such
supplemental fine aggregate used shall be stored separately and kept thoroughly dry.
Header for bituminous pavement shall be construction grade Redwood, or treated construction
0
204-1 LUMBER AND PLYWOOD
0 grade Douglas Fir.
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204-2 TREATMENT WITH PRESERVATIVES a Nochange.
207-2 REINFORCED CONCRETE PIPE
The pipeline layout and connector pipe list required under Paragraph 3, 207-2.1, is waived.
210-1 PAINT
Paint for striping shall be white.
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111. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS 0 CONSTRUCTION FOR CONSTRUCTION METHODS
301-2 UNTREATED BASE
No change.
302-5 ASPHALT CONCRETE PAVEMENT
A prime coat is not required for this contract. A seal coat is required and shall conform the
Section 302-5.9 of these supplemental provisions.
Modify Section 302-5. I, General, as follows:
Paragraph 1, replace "Section 203-6" with "Section 400-4."
Last paragraph, add:
completed before the surfacing is placed at that point."
Modify Section 302-5.2, Prime Coat, as follows:
After "grade Sc-250" add "or MC 70."
Modify Section 302.5.5.2, Density and Smoothness, as follows:
First paragraph, change 1/8 inch (3mm) to 1/4 inch (6mm).
Modify Section 302-5.5.1, Rolling General, as follows:
Second paragraph, Part (2), add:
"Vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer.:
After last paragraph, add: "Unless directed by otherwise the Engineer, the initial breakdown
rolling shall be followed by a pneumatic-tired roller as described in this Section."
To Section 302-5.8, Measurement and Payment, add:
Cost of labor and materials for the seal coat shall be included in the unit price bid for asphalt
concrete .
Add the following:
302-5.9, Seal Coat
All asphalt concrete surfaces shall be seal-coated unless otherwise specified. The seal coat shall consist of a coat of asphaltic emulsion and a cover coat of sand. The asphaltic emulsion
shall be mixing type conforming to Section 203-3, "Emulsion Asphalt." Sand shall be clean and
Immediately before applying asphaltic emulsion, the surface to be seal-coated shall be
thoroughly cleaned of all dirt and loose material. Asphaltic emulsion shall not be applied when
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"All testing of underground installations at any given point shall be
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the street is overly wet or when the atmospheric temperature is below 50 degrees Fahrenheit.
The asphaltic emulsion shall be applied by use of a power spraying device that uniformly applies
the emulsion to the surfacing at a rate of 0.1 to 0.15 gallon per square yard. The distributor
spray bar shall be equipped with asphaltic emulsion-type spray jets. Curbs, gutters, and other adjoining improvements shall be carefully protected from the emulsion, and any such
improvements spattered or touched with emulsion shall be carefully cleaned.
Immediately after the application of asphaltic emulsion, a cover coat of sand shall be spread at
the rate of 6 to 12 pounds per square yard. After the sand has been spread, any piles, ridges,
or uneven distribution shall be broomed to maintain an even layer over the surface. Five days after the seal coat has been applied, the surface shall again be broomed and any excess sand
shall be picked up and removed from the job. The Engineer may authorize the sand to be
broomed, picked up and removed from the job after 2 or more days.
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303-2 AIR-PLACE CONCRETE
No changes.
306-1 OPEN TRENCH OPERATIONS
18' RCP shall have a minimum cover of one (1) foot below finished grade. Bedding may be aggregate base per these specifications.
Compaction shall be a minimum of 90% density anbackfill shall be mechanically compacted.
31 0-5 PAINTING VARIOUS SURFACES
0 Modify Section 310-5.6.10, Painting Traffic Striping, Pavement Markings and Curb Markings, as
follows:
Payment for all pavement marking shall be a lump sum as proposed in the bid documents.
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IV. SUPPLEMENTAL PROVISIONS FOR
CONSTRUCTION MATERIALS e
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, TECHNICAL SPECIFICATIONS
SEWER MAIN TELEVISION IP;(SPECTION 0
1. SCOPE OF WORK
A. The work to be done includes the furnishing of all labor, materials, tools,
equipment and incidentals necessary to complete all of the work in the
plans and specifications. This work includes cleaning lines prior to
televising, locating laterals and structural failures and the submittal of
television videos, a written report of video findings and all collected data on
IBM PC compatible 3.5" disks.
2. SPECIAL REQUIREMENTS
A. Hours to Televise
Normal hours of sewer main television inspection will be between 8:OO a.m.
and 300 p.m., Monday through Friday, unless otherwise specified or
approved by the Carlsbad Municipal Water District General Manager.
B. EquiDment
The contractor shall use equipment specially designed and constructed for
sewer line inspection and televising. A footage counter shall be accurate
to within two (2) feet 2 in 1000 feet, and shall be indicated on the monitor.
Also displayed on monitor shall be date of inspection, and a continuous
forward and reverse readout of camera distance from the access hole of
reference.
Video tapes shall be new, color, and high quality on VHS format.
All tapes shall be turned over to the District.
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3. PROCEDURE
The television inspection, monitoring and recording shall be performed by
technicians with proven experience records and the contractor shall, if requested,
furnish qualification details for each technician.
Inspection sequence shall follow a pre-approved plan.
The contractor shall calibrate his measuring device with a known distance (Le.,
access hole-to' access hole or some other known distance).
The camera shall be moved through the sewer in a downstream direction, unless
otherwise approved or directed by the Carlsbad Municipal Water District General
Manager. Maximum rate of travel shall be thirty (30') feet per minute when
recording . e
Technical Specifications
08/01/95 Rev
57
At all pointswithin the sewer showing defects, laterals and sewer appurtenances,
the contractor shall stop the camera, rotate or tilt camera lens, to ensure adequate
..
e video coverage. I
The camera shall be stopped and/or backed up to view and analyze conditions
that appear unusual or uncommon to a sewer in good condition. There shall be
no loss of video quality at any time.
As video is being produced, the technician shall provide and record an audio
narration of the inspection, to include identification of the sewer location,
identification of starting and terminating access holes, inspection direction, and
complete descriptions of the sewer line conditions as they are encountered. The
audio portion of the videotape shall be free from electrical interference and
background noise. Audio dubbing after the inspection will not be permitted.
If the camera cannot pass the entire sewer reach from its starting direction, the
reach shall be inspected as much as possible from both directions. The
inspection logs for the reach shall include an identification of the nature and
location of the blockage. The contractor shall notify the Maintenance
Superintendent immediately of any such obstruction so that it may be verified
and/or repaired.
The contractor shall be responsible for cieaning sewer mains of debris, roots and
other objects to ensure adequate video coverage of mains to be inspected.
Videotapes showing debris on the lens, condensation, or otherwise poor image
quality shall be cause for rejection and may necessitate retelevising at the
contractor's expense.
DEFECT CLASS1 FI CAT1 ON
During inspection, the monitoring technician shall, in addition to his/her audio and
videotape record of conditions, log in writing the location of all service laterals and
chimneys, all indicated leaks, cracks, root intrusions, unaligned pipes, dips,
deflected joints, collapsed sections, deposits and other conditions or data
pertinent to the physical condition of the sewer. Conditions and defects shall be
located by footage counter and video clock reference.
0
4.
5. REPORTING REQUIREMENTS
The contractor shall submit video tapes and computer generated written reports
summarizing all defects and conditions specificed in defect classification.
Alphabetized list of streets located in section televised shall be submitted as t
cover sheet (index) for each written report.
All videotapes shall be labeled (on the cassette and also on the cassette storagi
carton) with the following information: 1,
Technical Specification
08/01/95 Rei
58
1. Tape Number
2. Date of Inspelion
3. Name ,of Contractor
4. Pipe Size and Material
5.
6.
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Number and Street or Intersection Location of Upstream Access
Hole Number and Street or Intersection Location of Downstream Access
Hole
Written reports shall contain the following information:
1.
2.
3. Name of Contractor
4. Names of Operating Technician/lnspector
5.
6.
7.
8.
9.
Alphabetized list of streets for each written report (index)
Date and Time of Inspection
Pipe Size, Material and Length
Number and Street of Intersection Location of Upstream Access Hole
Number and Street or Intersection Location of Downstream Access
Hole Direction of Inspection and Videotaping Tape Number
Observations, Comments and Recommendations Referenced to
Footage Counter and Video Clock Number
0 6. WORK INDENTlFiCATlON
All contractor field representatives will wear a uniform which identifies the
company and a safety vest to highlight their presence near a vehicle traffic area.
Traffic control plans shall conform to the latest edition of the State of California,
Department of Transportation Traffic Control Manual as specified in the special provisions of this document and be approved by the City Traffic Department.
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Technical Specification
08/01/95 Re\