HomeMy WebLinkAboutSancon Engineering II Inc; 1997-12-12; 34521*
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPECL
PROVISIONS
FOR 0
WASHINGTON STREET
PIPELINE SYSTEM
REHABILITATION
CMWD PROJECT NO. 97-103
CONTRACT NO. 34521 *
September 3,1997
e- t# 2/26/97 Contract No. 34521 Page l of 63 Pages
TABLE OF CONTENTS
NOTICE INVITING BIDS ...........................................................................................................
CONTRACTORS PROPOSAL ..................................................................................................
BID SECURITY FORM ............................................................................................................ 1:
BIDDER’S BOND TO ACCOMPANY PROPOSAL ................................................................... 1:
GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT
AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS ...................................... 15F
DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR’S BID .......... 1;
DESJGNATION OF OWNER OPERATOWLESSOR &AMOUNT OF OWNER
OPERATOWLESSOR WORK ................................................................................................ 1E
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY .................................................. 1E
BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................................ 2C
BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY. EMPLOYERS’
LIABILITY. AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION ........................... 21
am Paq
. OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOWLESSOR &
BIDDER S STATEMENT OF RE-DEBARMENT ..................................................................... 22
BIDDERS DISCLOSURE OF DISCIPLINE RECORD ............................................................ 23
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMllTED WITH BID ............................................................................... 25
CONTRACT PU BLlC WORKS ................................................................................................. 26
LABOR AND MATERIALS BOND ............................................................................................ 32
FAITHFUL PERFORMANCENVARRANTY BOND ................................................................... 34
REPRESENTATION AND CERTIFICATION ........................................................................... 36
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ............................................................... 37
SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 1. GENERAL PROVISIONS ............................................................. 40 0 TECHNICAL SPECIFICATIONS .............................................................................................. 59
4- %@ 2/26/97 Contract No . 34521 Pace 2 0‘ 621~zces
CITY OF CARLSBAD, CALIFORNIA a NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad \
Drive, Carlsbad, California 92008-1989, until 4:OO P.M. on the 15TH day of October ,
at which time they will be opened and read, for performing the work as follows: This project in!
the rehabilitation of a 10 and 12-inch diameter gravity sewer pipeline. The pipeline join
deteriorated, and the pipeline has broken sections. The pipelines connect to each other ar,
from Oak Avenue to Beech Avenue in Washington Street and then cross the A.T. & S.F. ra
right-of-way. The pipelines are within the public road right-of-way in Washington Street and in
foot wide easement through the railroad right-of-way. Refer to the attached location map.
WASHINGTON STREET PIPELINE SYSTEM REHABILITATION
CMWD PROJECT NO. 97-103 - CONTRACT NO. 34521
The work shall be performed in strict conformity with the specifications as approved by tht
Council of the City of Carlsbad on file with the Enaineerinq Department. The specifications fi
work include the Standard SPecifications for Public Works Construction 1997 Edition, all hereii
designated “SSPWC” as issued by the Southern California Chapter of the American Public V
Association and as amended by the special provisions sections of this contract. Reference is hc
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 conk
to utilize recycled and recyclable materials when available, appropriate and approved b
Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdicti
the State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchl
Department. Each bid must be accompanied by security in a form and amount required by
The bidder’s security of the second and third next lowest responsive bidders may be withheld
the Contract has been fully executed. The security submitted by all other unsuccessful bidders
be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pur!
to the provisions of law (Public Contract Code section 10263), appropriate securities ma
substituted for any obligation required by this notice or for any monies withheld by the City to et
performance under this Contract. section 10263 of the Public Contract Code requires monii
securities to be deposited with the City or a state or federally chartered bank in California a
escrow agent. The escraw agent shall maintain insurance to cover negligent acts and omissioi
the agent in connection with the handling of retentions under this section in an amount not less
$100,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed, pro
executed and notarized are:
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1. Contractor's Proposal
2. Bidder's Bond 9. Bidder' s Statement Re Debarment
4. Designation of Subcontractors
5. Designation of Owner Operator/Lessors &
6. Bidder's Statement of Financial
7. Bidder's Statement of Technical Ability
8. Certificate of Insurance 0 3. Non-Collusion Affidavit 1O.Bidder's Disclosure Of Discipline Record
1 1 .Purchasing Department Representation ani
Certification
12.Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder
wishes to use the Escrow Agreement for
and Amount of Subcontractor Bid
Amount of Owner Operator/Lessor Work
Responsibility Security)
and Experience
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantitie:
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimai $120.000.
No bid shall be accepted from a contractor who is not licensed in accordance with the provisio
California state law. The contractor shall state their license number, expiration date
classification in the proposal, under penalty of perjury. The following classifications are accep
for this contract Class A General Contractor's License in accordance with the provisions of
law.
If the Contractor intends to utilize the escrow agreement included in the contract documents ir
of the usual 10% retention from each payment, these documents must be completed and subrr
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 Purchz
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable ft
$10.00 per set. If plans and specifications are to be mailed, the cost for postage should be add
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregulari
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Con
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current (
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom
Contract is awarded shall not pay less than the said specified prevailing rates of wages tc
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 17
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" foi
purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter I, of the Labor Code commencing with section 1720 shall appr
the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicate
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy beh
words and figures, the words shall prevail. In case of an error in the extension of a unit price,
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** p,s 2/26/97 Contract No. 34521 Page 4 of 63 Pages
corrected extension shall be calculated and the bids will be computed as indicated abovt
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typ
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 pn
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of
Bonds to secure faithful performance and warranty of the work and payment of laborers
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (t
respectively, of the Contract price will be required for work on this project. These bonds Shi
kept in full force and effect during the course of this project, and shall extend in full force and t
and be retained by the City until they are released as stated in the Special Provisions section c
contract. All bonds are to be placed with a surety insurance carrier admitted and authoriz
transact the business of insurance in California and whose assets exceed their liabilities
amount equal to or in excess of the amount of the bond. The bonds are to contain the folic
documents:
I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by Ian
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 insur
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statemen
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar da.
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 R;
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insuranr
the State of California by the Insurance Commissioner. Auto policies offered to meet
specification of this contract must: (I) meet the conditions stated above for all insurance compz
and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, wht
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insur4
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 comr
meeting the above standards with the exception that the Best's rating condition is waived. The
does accept policies issued by the State Compensation Fund meeting the requirement for worl
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additi
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
required bonds and insurance, as described in the contract, within twenty days of bid opening. I
Contractor fails to comply with these requirements, the City may award the contract to the secon
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid Cit
Carlsbad Business License for the duration of the contract.
(I)
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4- p;@ 2/26/97 Contract No. 34521 Pane 5 of 63Pacss
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 97-590, ad1
on the 2nd day of SeDtember, 1997. 0
JG,-L&L-,< 4 /9y7 P fl.@QXd& k. 2*&. ,h-<- I 1 Date J Aletha L. Rautenkranz, City Clerk 1
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*w r,s 2/26/97 Contract No. 34521 Page 6 of 63Pages
1
CITY OF CARLSBAD
WASHINGTON STREET
PIPELINE SYSTEM REHABILITATION
CONTRACT NO. 34521
CONTRACTOR’S PROPOSAL
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CMWD PROJECT NO. 97-103
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares hekhe has carefully examined the location of the work, read the ~
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda theretc
hereby proposes to furnish all labor, materials, equipment, transportation, and services requi
do all the work to complete Contract No. 34521 in accordance with the Plans, Specific:
Special Provisions and addenda thereto and that helshe will take in full payment there6
following unit prices for each item complete, to wit:
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). Approximate
SCHEDULE I: STREET IMPROVEMENTS .:
* -.. Item Quantity Unit
No. Descriotion and Unit Price Total
P. 1 Mobilization at a lump sum LS $2.50O0 $d,rnO z
.- Dollars (Lump Sum) e 2 Pipe Cleaning 2,340 LF $ 1 o,o $4,3 30
__
Dollars (Linear Feet)
Pre-Liner Inspection & Post-Liner Inspection
Dollars (Linear Feet)
$4 3Lfo O0 5- 3 Television Inspection 4,680 LF $ t7-
..,
4 1 O-inch PVC Slipliner 2,070LF $ 45 4,a $73; /soe
Dollars (Linear Feet) 0
e-- %# 2/26/97 Contract No. 34521 Page 7 of 63 Pages
?
Approximate Item Quantity Unit 0 No. DescriDtion and Unit - Price Total
0
5 12-inch Slipliner 270 LF $ 5ZC $/?, o+o=
Dollars (Linear Feet)
oQ 00 6 Flow Bypass LS $ /1.500c $/,500c /
Dollars (Lump Sum)
%* 7 Traffic Control LS $ 500~ s 500
P-
Dollars (Lump Sum)
5/xc7-k;kn/ *U.s& I? Total amount of bid for Schedule 1 in words: 6’~‘g &NW
77fak.g /&ND&dJ S-iA%V/? f I M-00 DO u&u “a t-
k- Total amount of bid for Schedule I in numbers: !§ // b , 3 70
Price(s) given above are firm for 90 days after date of bid opening. 0 Addendum(a) No(s). hadhave been received and is/are included
proposal.
The Undersigned has carefully checked all of the above figures and understands that the ( not be responsible for any error or omission on the part of the Undersigned in preparing this k
The Undersigned agrees that in case of default in executing the required Contract with ne(
bonds and insurance policies within twenty (20) days from the date of award of Contract by 1 Council of the City of Carlsbad, the City may administratively authorize award of the contrac 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 license business or act in the capacity of a contractor within the State of California, validly license( license number 73/797 , classification A which exF
, and that this statement is true and correct and has the legal E an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuan Business and Professions Code shall be considered nonresponsive and shall be rejected by
§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted s invalidated by the failure of the bidder to be licensed in accordance with California law. How
the time the contract is awarded, the contractor shall be properly licensed. Public Contract
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§ 201 04. o,,d &,Ae3@?9 &4
/&-/ -?9 . 0 The Undersigned bidder hereby represents as follows: - *- 2GzL
%# 2/26/97 Contract No. 34521 Page 8 of 63 Pages
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interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; representation, oral or in writing, of the City Council, its officers, agents, or employees has ii
him/her to enter into this Contract, excepting only those contained in this form of Contract papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a the same work, and is in all respects fair and without collusion or fraud.
That no Council member, officer agent, or employee of the City of Carlsbad is pe
r-
I Accompanying this proposal is 510 8dD (Cash, Certified Checl or Cashier's Check) for ten percent (1 0%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which require employer to be insured against liability for workers' compensation or to undertake self-insur accordance with the provisions of that code, and agrees to comply with such provisions commencing the performance of the work of this Contract and continue to comply until the I
is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
to the general prevailing rate of wages for each craft or type of worker needed to exec Contract and agrees to comply with its provisions.
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ow %@ 2/26/97 Contract No. 34521 Page 9 of 63 Pages
P IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor m
r- (3) Place of Business
(Street and Number)
# City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP. SIGN HERE:
(I) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be m:
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P- general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted SM&/\l L%G/d&k7WN6 z, 3%
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4- -/' 7/47/7 __, p *Q (2) -- (Sign a tu re)
(Title)
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Impress Corporate Seal h t,
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(3) Incorporated under the laws of the State of CHL/dctRN/d
(4) Place of Business 58w &G;LA/L€K aNL (Street and Number)
City and State ~~~t4&224 &CH CA- .
(5) Zip Code 92 6 Y9 Telephone No. (714) gs/ - 2 3 2 3
4 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corpor; partnership, list names of all general partners, a
NlCU D,/kdLD E-m d &&sb0&J7
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4- %@ 2/26/97 Contract No 3452' Oace AA oc 63 "RC~S
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~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) idare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Though the information below IS not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Document Date: Number of Pages: 7
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited CI General
17 Corporate Officer
Tit le( s) :
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association * 8236 Remmet Ave , PO Box 71 84 Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1.
BID SECURITY FORM
(Check to Accompany Bid) e
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of Cll
CARLSBAD, in the sum of
dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this checl
become the property of the City provided this proposal shall be accepted by the City through
of its legally constituted contracting authorities and the undersigned shall fail to execute a cc
and furnish the required Performance, Warranty and Payment Bonds and proof of insL
coverage within the stipulated time; otherwise, the check shall be returned to the undersignec
proceeds of this check shall also become the property of the City if the undersigned shall wit
his or her bid within the period of fifteen (15) days after the date set for the opening thereof, I
otherwise 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 fol
pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of th
amount of the bid.)
*
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Bond Eo. 148 65 (
BIDDER'S BOMD TO ACC PANY PROPOSAL
KNOW ALL PERSONS BY THESE mESENfS:
That we, Sancon Engineering 11, Inc. Insurance Company Of
as Surety are held and firmly bound unto the Clty of Carlsbad, California, in an amount as fj (must be at least ten percent (10%) of the bid amount) Ten Percent of the TotalBi40 payment. well and truly mads, we bind ourselves, our helm, executors and adminb successors or assigns, jointly and sewoarally, firmly by these presents.
THE CONDITION OF THE FOREGOlNG OBLIGATION IS SUCH that if the proposal of the
bounden Pnncipal for:
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, as PrJnUpa}, end
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WASHINGTON STREET PIPELINE SYSTEM REMABlLlTATlON
CMWD PROJECT NO. 97-183 - CONTKACT NO. 34521 7
8 in the City of Carisbad, is accepted by the City Council, and If the Principal shall duly enter j
execute a Contract including required bonds and insurance poikiss wlthln twenty (20) days fi
date of award of Contract by the CiZy Council of the City of Carlsbad, being duly notified
award, then this obligation shafl become null and void; otherwise. it shall be and remain in fi
and effect, and the amount specified herein shall be forfeited to the said Clty. -
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, In the event Principal executed this band as an indiuidual, it is agreed that the death of Pr
shalt not exonerate the Surety from lb obligations under this bond.
Executed by PRINCIPAL this ? . Executed by SURENthis 2nd p.;?( 0
day of 4cp&& ,19 77. October ,1997 -
PRINCIPAL: SURETY:
Sancon Engineering 11, Inc. Insurance Company of the West
I (name of Principal) (nam of Surety)
8,. J&/TK rj 17852 E. 17th St., Tustin, CA. 9
(sign here) (address of Surety)
714-832-9900 - ..
8h 45,
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(Title and Organization of Signatory)
Michael R. Langan
(prtnted name, of Attorney-in-Fact)
(Attach caprate resolution showing (
power of attsrney.)
0: @?gag
(sign here)
/s-=-&c( E
II
(title and organization of signatory)
(Proper notarial acknowledge of exeation by PRINCIPAL and SUREfY must be attached.)
(President or vice-president and seclgstary or assistant secretary must sign for corporations. one offker signs, the corpamtlon must attach a r%solutfon asrtified by the secretary or a5 secretary under corporate seal empowering that offimr to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL
City Attorney
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Insurance Company of the West
HOME OFFICE: SAN DIEGO. CALIFORNIA
POWER OF ATTORNEY 0
KNOW ALL MEN 8Y THESE PRESENTS That INSURANCE COMPANY OF THE WEST, a California Corporatlon. does hereby apC0.r:
MICHAEL R. LANGAN
Its !%e ald lavdvl A:torney(s)-in-Fact. wilh full power and authority. to execule. on behalf of the Company, fidelily and surely GonCs L,-cerar p
3lher cmlracls of suretysrlip of a similar nature
This Pc7;er of A:lorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopled Gy :he 8oaz 2' Z
o,r !he Z2nd cay of November, 1994. which said Resolution has not been amended or rescinded and of which !he followin9 .s a !rue c23y
"RESOLVED. mal Ihe Chairman of :he Board, the President. an Executive Vice President or a Senior Vice President of the CorDany acz
:hen- :s hereby aulhorized to execute Powers of Attorney qualibing the attorney named in the given Power of Attorney Io execute or >e,-;
Corns;-,! iideli:y and sufery Donds, vndenakings. of olher contracts of suretyship of a similar nature, and to atlach the!e:c the seal c
provicea howeve: Inal the absence of the seal shall not affect Ihe validity of Lne instrument
FURTHER RESOLVED, that the signatures of such oRcers and the seal of the Company, and the signatures of any witnesses :he sigsa!.
seal of ;ny no:;?, and rhe signalures of any officers ceflifying the validity of the Power of Atlorney. may be affixed by facsimile "
IN WT:;ESS /:HEQEOF INSUFWNCE COMPANY OF THE WEST has caused'lhese presents to be signed by ifs Culy au!nOriZeC zLr.CerS
2rc zay c' rnay : 995 0 INSUR4NCE COMPANY OF THE 'WEST
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+IC", :*t,fp"%' $31' p&- John . - L. Hannum. -. - . . - .. . Senior . . . . Vice Presiden! ss
C~UN:~ OF SAN DIEGO
Cr %lay 2nd 1995 beiore me, personally appeared John L. Hannum. Senior Vice Presidenl of INSLJUXCE T:
OF THE WEST. personally known to me lo be the individual and officer who executed the within inslrument. and acknowledgea to me ;la: :e
!he sa~e in h~s cfficial capacrty and lhal by his signature on Ihe instrument, the corporation. on behalf of which he ac!ed, execute3 !De irs
WITNESS my nanc S~C orfictal seal
-.-. yb%L& - 4 ( .-I_ . Notary . F'sb!ic t8&L
C E 3 i I F I CAT E
I E -2arnec Davis, Vice Presidelit of INSURANCE COMPANY OF THE WEST. do hereby certify that the original POWER OF ATTO?\LEV
:ne I3,e;::irg IS a true copy. IS st111 c fLI' Icrce and eYec:. and that this certificate may be signed by facsimile under !he aulno'iry o':-e 23:
Ieso'L: 31
!N \'.'!TNESS wriEREOF, I navc: su,?sc!ibed my name as Vice Presidenpon lhis 2nd day of October
INSURANCE COMPANY OF THE WEST 0 a \- *'ac" LoL r 1!11,, I >\I' (0 f,
.. __. Fg;LL@ . . _.. La; /
E Harned Davis. Vice Presiden: C"( ,i:**t*
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CALI FOREIlA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof us Anqeles
On October 2, 1997 before me, Judith H. McNiff, Notary public
personally appeared Mid-~ael R. Langan
DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC
NAME(S) OF SIGNER(S)
- personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(3) whose name@) is/=
subscribed to the within instrument and ac
knowledged to me that he/- executec
the same in his/- authorize(
capacity(-, and that by his/-
signature@) on the instrument the person@)
or the entity upon behalf of which thc
person@) acted, executed the instrument
WITNESS my hand and official seal.
Though the data below is not required by law, it may
fraudulent reattachment of this form.
le to persons relying on the document and could prevt
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN-
Bid Bond
TITLE OR TY?E CF DSCUMENT TITLE(S)
NUMBER OF PAGES
0 GUARDIAN/CONSEFiVATOR
10-2-97
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remrnet Ave., P.O. Box 7184 - Canoga Park, CA
CALWGRMA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Oranqe
before me, Peqqy E. Scanlon, Notary Public , f Dad Name and Ttle of Gfficer (e g , "Jane Doe, Notary Public")
Name@) of Signer(s)
El personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) @/are subscribed to the within instrument
and acknowledged to me that he/&/they executed the
same in;Qk/k&heir authorized capacity(ies), and that by
Bidtheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: %idOkLb%%L
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Number of Pages: 2
0 Individual 0 Individual
0 Corporate Officer
0 Partner - cl Limited c! General 0 Partner - Cl Limited 0 General
0 Corporate Officer
Tit le( s) :
0 Guardian or Conservator Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Q 1994 National Notary Association - 8236 Remmet Ave , PO Box 7184 * Canoga Park CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-800-871
-.
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Oranqe
before me, Peqqy E. Scanlon, Notarv Public ,
personally appeared Nickto and nehnrlh ni Rnn-n I
XI personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) h/are subscribed to the within instrument
and acknowledged to me that Be/sbe/they executed the
same inhk/h&their authorized capacity(ies), and that by
Biw/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Name and litle of Gificer (e g , "Jane Doe, Notary Public")
Name@) of Signer(s)
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
<Til k "1 -4 Title or Type of Document: L7>lf;k ;-tk,UL 1 J-lK7
Document Date: IC>\ (4 js-) Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual D Individual
Corporate Officer
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
Corporate Officer
Title(s):
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
8 1994 National Notary Association * 8236 Remmet Ave PO Box 7184 * Canoga Park CA 91309 7184 Prod No 5907 Reorder Call Toll-Free 1-
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
0 AMOUNT OF SUBCONTRACTORS BID"
REFERENCES Prior to preparation of the following Subcontractor and Owner Operato disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC ar Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", 'I( Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in
1-2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor." are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section these Special Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct informat result in rejection of the bid as non-responsive. Any bid that proposes performance of more percent of the work by other than the Contractor's own organization will be rejected responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor 01 Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to comF 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/Le percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being the line of the form must be entered under the column "O/O of Item by Sub" or "O/O of Item t as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any port
bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity 01 item that the Subcontractor or Owner Operator/Lessor installed.
-
e
i" LO
f"
i. h
4-
r Suppliers of materials from sources outside the limits of work are not subcontractors. The 1 materials and transport for materials from sources outside the limits of work, as shown on thl shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as tl may be, installing them. The value of material incorporated in any Subcontracted or Operator/Lessor installed bid item that is supplied by the Contractor shall not be included part of the portion of the work that the Contractor is required to perform with its own organiza
The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in
-..
_-
t Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the numb1
be entered on the form. If the Subcontractor does not have a valid business license enter "N( the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to the required information. The number of additional form pages shall be entered on the fir
page of each type so duplicated.
i-
0
4- t.s 2/26/97 Contract No. 34521 Page 15 of 63 Paqes
Bidder may, at its option, combine bid items on a single row in the chart on the disclosure using this option the Bidder must indicate the bid item numbers to which the information ir pertains. This option may not be used where the subcontractor or Owner Operator constructing or installing less than 100 percent of a bid item. The percentages and dollar may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the de: of subcontractor or designation of Owner Operator/Lessor forms as applicable. The ex1
proposed to be so supplied.
Determination of the subcontract and Owner OperatorlLessor amounts for purposes of awa contract shall determined by the City Council in conformance with the provisions of the
documents and these Special Provisions. The decision of the City Council shall be final.
I sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment
,-
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4- p,s 2/26/97 Contract No. 34521 Page 16 of 63 Pages
Bid
Item
No. f
L
L
f
C
L
Bid Price % of % of Total Bid Bid Price % of % of
of Item kern by Contract Item of Item Item by Total
Sub NO. Sub Contrac
Bid
Item
No.
t
&.A
I f.
Bid Price O/O of % ofTotal Bid Bid Price %of Oh of
of Item Item by Contract Item of Item item by Total o+o No. o+o Contrac
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILIT
(To Accompany Proposal) m
Copies of the latest Annual Report, audited financial statements or Balance Sheets
submitted under separate cover marked CONFIDENTIAL.
f Smwd &6&E&/n/4 z, x e. HiiJ AT /75 D/SPDS&/
A-LC E@ ULPrndT *P"GL InrD F&MC/#p& MP&. ?a
PfA+AgM ALL w@LK &&/d4Z& /d w5 PaP&fi.
--
'" - IcO&CcY &/A!& ?&z=#&?&qGzGJ w Am7 7Q C/N2tN~b4--C
&.,- &&Pods iB/L/ 7-y 4-dD PrnT Pf&fi&#.4Af G-& OF SiAvCOAf
FA& dd&!E-%z#! dLi; E. HC F"
CQca - c$ci\v 7LLk.f
csh km L,kS&
71q I x 48- I, 53 1
C~.\SS Edincxr QJ ,to&--
i\C;yh CA qawq
cn +L+, 3nl.m 3/d I u 1
FOdQ5/!UBc41tl4 gk4WC.E
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25s 77 /v: +./id8&9 dl
3.I/LBh&, CA. 9/.5"0S' i'
b @/g) gyb- 4/00
L- C/Ul).sC-J.? Ml&c LMGM
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L-
em Gp 2/26/97 Contract No. 34521 Page 19 of 63 Pages -
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal) a
The Bidder is required to state what work of a similar character to that included in the p
Contract he/she has successfully performed and give references, with telephone number will enable the City to judge hidher responsibility, experience and skill. An attachment can t:
t
_. No. of Person
c_
-
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-_
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*w tS 2/26/97 Contract No. 34521 Page 20 of 63Pages
,- BIDDER'S CERTIFICATE OF INSURANCE FOR
LIABILITY AND WORKERS' COMPENSATION
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOT m
(To Accompany Proposal)
As a required part of the Bidder's proposal the Bidder must attach either of the following to tt-
page.
1. Certificates of insurance showing conformance with the requirements herein for:
I
- Comprehensive General Liability
Employer's Liability
Automobile Liability
I--
F- Workers Compensation
2. Statement with an insurance carrier's notarized signature stating that the carrier can, and I payment of fees andlor premiums by the Bidder, will issue to the Bidder Policies of insurar Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies
to meet the specification of this contract must: (I) meet the conditions stated in The Notice
Bids, the Standard Specifications for Public Works Construction and the Special Provisions project for each insurance company that the Contractor proposes, and (2) cover any vehicle
the performance of the contract, used onsite or offsite, whether owned, non-owned or hire
whether scheduled or non-scheduled. The auto insurance certificate must state the coverag "any auto" and cannot be limited in any manner. t,
I-
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-
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'1-
em tlQ 2/26/97 Contract No. 34521 Page 21 of 63 Paqes -
c
F BIDDERS STATEMENT RE DEBARMENT
(To Accompany Proposal)
I. Have you or any of your subcontractors ever been debarred as an irresponsible bit
another jurisdiction in the State of California?
..- 0
J' Yes no
E
2. If yes, what wadwere the name(s) of the agency(ies) and what wadwere the peric
debarment(s)? Attach additional copies of this page to accommodate more than two debarm r--
P-
party debarred party debarred b-
agency agency
period of debarment period of debarment
BY CONTRACTOR:
5mCotd & G/df52.& IN4 ztm C,
(name of Contractor) I
(sign here) j
By: &--/A
r
L Bf3 &U.LN&$ UQ4774 - K??
(print namekitle)
LL
I .*
*
L- C.
tr
4- %# 2/26/97 Contract No. 34521 a Pace 22 of 63 3xw
-
I
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal) 0
Contractors are required by law to be licensed and regulated by the Contractors’ State 1 Board which has jurisdiction to investigate complaints against contractors if a complaint rega patent act or omission is filed within four years of the date of the alleged violation. A co regarding a latent act or omission pertaining to structural defects must be filed within 10 year: date of the alleged violation. Any questions concerning a contractor may be referred Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the Ca
Contractors’ State license Board two or more times within an eight year period?
J
Yes no
2. Has the suspension or revocation of your contractors license ever been stayed?
F - J Yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever ha contractor‘s license suspended or revoked by the California Contractors’ State license Board more times within an eight year period?
T
.‘ -=
1/
Yes no P. i i-
6’ i L
f Yes no
4. Has the suspension or revocation of the license of any subcontractor’s that you prop perform any portion of the Work ever been stayed? I/
t“ 5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the disciplined, the date of and violation that the disciplinary action pertain to, describe the nature r- violation and the disciplinary action taken therefor. - -
-
i
L
(Attach additional sheets if necessary) ;.
L
4- r.# 2/26/97 Contract No 34521 Pace 23 of 63 DCI-I~C
*
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal) e
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, tt-
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, dl
the nature of the violation and the condition (if any) upon which the disciplinary action was si
6‘
r-- i
6- (Attach additional sheets if necessary)
T* t
t- BY CONTRACTOR:
5MC0/4/ kd&f&’k&&/,,(; -F. fl. mc. f- L (name of Contractor)
(sign hde)
r t i4 By: & 4t@Lej??
r -BOB &UM$J@Q&TU , r/. P.
L (print name/titIe) ‘
-
,
. -_
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4w s# 2/26/97 Contract No. 34521 Paae 24 of 63Psn~s
i
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
0
State of California )
County of 1 ) ss.
/V'/CK D,'#i?U&cDk 7-70 , being first duly sworn, dep
(Name of Bidder)
-, and says that he or she is PRES f PWSr
(Title)
of S&i/1/ HG/A/.E~R/~c; x,~ 4.
F (Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
undisclosed person, partnership, company, association, organization, or corporation; that thl
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or I
connived, or agreed with any bidder or anyone else to put in a sham bid, or that. anyone shall
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agre
communication, or conference with anyone to fix the bid price of the bidder or any other biddc
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to
any advantage against the public body awarding the contract of anyone interested in the prl
contract; that all statements contained in the bid are true; and, further, that the bidder h;
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the cc
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee
corporation, partnership, company association, organization, bid depository, or to any men
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affidai
I.
L any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, cor -
t I. "0
-
I'
e, executed on the /4 9 dayof O-BER ,1997.
F
L... p/l2?-kr--g------ / /---
Signature of Bidder -_
dh Subscribed and sworn to before me on the / 4 ' day of &C&//~C,---- , 1;
8-
"$ 1 a5 -7 E , ~(-L~,q/iCL-- (NOTARY SEAL)
L Si&& re of Notary \--.
c. y
*w
_. aS 2/26/97 Contract No. 34521 Pace 25 o' 63 '+ws
*-
*
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plastics Po. Box 577, Binghamton, New York 13902 Phone 607 775-4340
FAX 607 775-2707 I nc.
June 11, 1996
Mr. Nick DiBenedetto, President
Sancon Engineering, Inc. 5841 Engineer Drive Huntington Beach, CA 92649
Dear Mr. DiBenedetto:
This is to certify that Sancon Engineering, Inc. is a licensed
installer for the AM-Liner "folded and reformed" PVC pipe
rehabilitation system in the Southern California area.
Should there be any questions regarding this matter, please feel free to have any of your cliencs contact us.
Sincerely,
AMET;EJCAN Pi%\ PLASTICS, INC.
/
/ < *-. -d / *'
;,\A J!C L-,fi-f L L ,({ i L I L/i
1 (Mrs.) B. ZU~
General Manager
cc: Sancon Engineering, Inc. file
0
>u c 2/C'WH L AcGfoved 9y:
&*; // ,>;<";f c/l
NGCGff.av I Rccer: -( S. Hcrii, C;ity Engineer
0
97)C01029147116
ER'S E. CONTRACTOR'S PROT
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
Pascal & Ludwig Engineers is named as Additional Insured.
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL - 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NMED TO .
A
CONTRACT * PUBLIC WORKS
This agreement is made this 12 scz, day of A rn 7 197,7, bl between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and SANCON ENGINEERING II, INC. whose principal place of business is
5841 ENGINEER DRIVE, HUNTINGTON BEACH, CA 92649 (hereii
called "Contractor").
City and Contractor agree as follows:
I.
for:
Description of Work. Contractor shall perform all work specified in the Contract docur
WASHINGTON STREET PI PELlN E SYSTEM REHAB1 LITATION
CMWD PROJECT NO. 97-1 03, CONTRACT NO. 34521
(hereinafter called "project")
2.
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice 11
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of (
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Exper
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plan:
Specifications, the Special Provisions, addendurn(s) to said Plans and Specifications and S
Provisions, and all proper amendments and changes made thereto in accordance with this Cc
or the Plans and Specifications, and all bonds for the project; all of which are incorporated her
this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the w(
indicated, specified, and implied by the Contract Documents. Any items of work not indica
specified, but which are essential to the completion of the work, shall be provided at the Contri
expense to fulfill the intent of said documents. In all instances through the life of the Contra
City will be the interpreter of the intent of the Contract Documents, and the City's decision rela
said intent will be final and binding. Failure of the Contractor to apprise subcontractor
materials suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contrac
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specificatic
Public Works Construction (SSPWC) 1997 Edition, hereinafter designated "SSPWC", as issi
the Southern California Chapter of the American Public Works Association, and as amended
Special Provisions section of this contract. The Engineer will close the estimate of work corn
for progress payments on the last working day of each month.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, 0
a
*w p,@ 2/26/97 Contract No. 34521 Page 26 of 63Pages
5. Independent Investigation. Contractor has made an independent investigation c
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progrc
the work, and is aware of those conditions. The Contract price includes payment for all wor
may be done by Contractor, whether anticipated or not, in order to overcome underg
conditions. Any information that may have been furnished to Contractor by City about underg
conditions or other job conditions is for Contractor's convenience only, and City does not w
that the conditions are as thus indicated. Contractor is satisfied with all job conditions, incl
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves d
trenches or other excavations that extend deeper than four feet below the surface Contractoi
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous \i
as defined in section 251 17 of the Health and Safety Code, that is required to be remove(
Class I, Class I!, or Class Ill disposal site in accordance with provisions of existing law.
B.
indicated.
C. Unknown Physical Conditions, Unknown physical conditions at the site of any ur
nature, different materially from those ordinarily encountered and generally recognized as in1
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
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of,
time required for, performance of any part of the work shall issue a change order undf
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions mat
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost
time required for, performance of any part of the work, contractor shall not be excused fro1
scheduled completion date provided for by the contract, but shall proceed with all work
performed under the contract. Contractor shall retain any and all rights provided either by cc
or by law which pertain to the resolution of disputes and protests between the contracting parti
7. Immigration Reform and Control Act. Contractor certifies it is aware of the require
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has cor
and will comply with these requirements, including, but not limited to, verifying the eligibil
employment of all agents, employees, subcontractors, and consultants that are included I
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Departrr
Industrial Relations has determined the general prevailing rate of per diem wages in accor
with California Labor Code, section 1773 and a copy of a schedule of said general prevailing
rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pu
to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shz
copies of all applicable prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defens
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, da
injury and liability of every kind, nature and description, directly or indirectly arising from
connection with the performance of the Contract or work; or from any failure or alleged fail
0
Differing Conditions. Subsurface or latent physical conditions at the site differing from
0
ew %# 2/26/97 Contract No. 34521 Page 27 of 63Pages
Contractor to comply with any applicable law, rules or regulations including those relating to :
and health; and from any and all claims, loss, damages, injury and liability, howsoever the
may be caused, resulting directly or indirectly from the nature of the work covered by the Cor
except for loss or damage caused by the sole or active negligence or willful misconduct of the
The expenses of defense include all costs and expenses including attorneys' fees for litig
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award t
contract to Contractor, and Contractor will pay all costs, including defense costs for the
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract insu
against claims for injuries to persons or damage to property which may arise from or in conn
with the performance of the work hereunder by the Contractor, his or her agents, represent:
employees or subcontractors. Said insurance shall meet the City's policy for insurance as sts
Resolution No. 91 -403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limi
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a seF
aggregate in the amounts specified shall be established for the risks for which the City or its as
officers or employees are additional insured.
b. Automobile Liability Insurance: $1,000,000 combined single limit per accident for I
injury and property damage. In addition, the auto policy must cover any vehicle used i
performance of the contract, used onsite or offsite, whether owned, non-owned or hired
whether scheduled or non-scheduled. The auto insurance certificate must state the coverage
"any auto'' and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation
as required by the Labor Code of the State of California and Employers' Liability limits of $1,00
per incident. Workers' compensation offered by the State Compensation Insurance Fu
acceptable to the City.
(6) Additional Provisions. Contractor shall ensure that the policies of insurance required
this agreement contain, or are endorsed to contain, the following provisions. General Lia
Employers' Liability and Automobile Liability Coverages:
a. The City, its officials, employees and volunteers are to be covered as additional insurc
respects: liability arising out of activities performed by or on behalf of the Contractor; product
completed operations of the contractor; premises owned, leased, hired or borrowed b!
contractor. The coverage shall contain no special limitations on the scope of protection afford
the City, its officials, employees or volunteers. All additional insured endorsements mu:
evidenced using separate documents attached to the certificate of insurance; one for each corr
affording general liability, employers' liability and auto liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the Cit
officials, employees and volunteers. Any insurance or self-insurance maintained by the Cii
officials, employees or volunteers shall be in excess of the contractor's insurance and sha
contribute with it.
@
@
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em p,s 2/26/97 Contract No. 34521 Page 28 of 63Pages
c. Any failure to comply with reporting provisions of the policies shall not affect coverage prc
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each in
against whom claim is made or suit is brought, except with respect to the limits of the ins
liability.
(C) "Claims Made" Policies. If the insurance is provided on a "claims made'' basis, cov
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 end
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduc
coverage or limits except after thirty (30) days' prior written notice has been given to the C
certified mail, return receipt requested.
(E) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-in
retention levels must be declared to and approved by the City. At the option of the City, eithei
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respec
City, its officials and employees; or the contractor shall procure a bond guaranteeing paymi
losses and related investigation, ciaim administration and defense expenses.
(F) Waiver Of Subrogation. All policies of insurance required under this agreement shall cc a waiver of all rights of subrogation the insurer may have or may acquire against the City or i
its officials or employees.
(G) Subcontractors. Contractor shall include all subcontractors as insured under its polici
shall furnish separate certificates and endorsements for each subcontractor. Coverage
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 E
Key Rating Guide of at least A-:V. insurers must also be authorized to transact the busine
insurance by the State of California Insurance Commissioner as admitted carriers as evidencec
listing in the official publication of the Department of Insurance of the State of California E
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 insurancc original endorsements affecting coverage required by this clause. The certificates
endorsements for each insurance policy are to be signed by a person authorized by that insur
bind coverage on its behalf. The certificates and endorsements are to be in forms approved b
City and are to be received and approved by the City before the Contract is executed by the Cit
(J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be incl in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolv
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1 , Articli
(commencing with section 20104) which are incorporated by reference. A copy of Article 1
included in the Special Provisions I section. The contractor shall initially submit all claims
$375,000 to the City using the informal dispute resolution process described in Public Cor
Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the con'
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the Calif
Government Code) for any claim or cause of action for money or damages prior to filing any la\
for breach of this agreement.
0
@
0
ew p,# 2/26/97 Contract No. 34521 Page 29 of 63 Pages
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to th
must be asserted as part of the contract process as set forth in this agreement and I
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it rr
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code se
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly sub
false claim to a public entity. These provisions include false claims made with deliberate ignc
of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false may subject the Contractor to an administrative debarment proceeding wherein the Contract0
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.3: 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referencl
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarmt
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcont
from participating in future contract bidding.
I have read and understand all provisions of Section 11 above.
12. Maintenance of Records. Contractor shall maintain and make available at no cost
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,i
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal
of business as specified above, Contractor shall so inform the City by certified letter accompz
the return of this Contract. Contractor shall notify the City by certified mail of any change of ad
of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with SI
1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be subsi
for any monies withheld by the City to secure performance of this contract for any obli!
established by this contract. Any other security that is mutually agreed to by the Contractor ar
City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of la\
clause required by law to be inserted in this Contract shall be deemed to be inserted herei
included herein, and if, through mistake or otherwise, any such provision is not inserted, or
correctly inserted, then upon application of either party, the Contract shall forthwith be phyi
amended to make such insertion or correction.
0
(Initial)
0 *.. ...
em %$ 2/26/97 Contract No. 34521 Page 30 of 63Pages
16. Additional Provisions. Any additional provisions of this agreement are set forth i
"General Provisions" or "Special Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST
ATACHED
(CORPORATE SEAL)
CONTRACTOR:
spvicq?/ M @Z. wc
(name of contract&) fl&YLYe
(sign here)
0
President or vice-president and secretary or assistant secretary must sign for corporations. I
one officer signs, the corporation must attach a resolution certified by the secretary or as:
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
0
*m tl@ 2/26/97 Contract No. 34521 Page 31 of 63Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orawe
before me, PeqqY E. Scanlon, Notarv Public ,
perSonally appeared Nick l7iEie.nedetf-n and nehnrah ni Renatn I
B personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) @/are subscribed to the within instrument
and acknowledged to me that ke/sbe/they executed the
same infabs/kdtheir authorized capacity(ies), and that by
g&&their signature(s) on the instrument the person@),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Name and Title of Officer (e g , =lane Doe, Notary Public”)
Name(s) of Signer(s)
Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Individual 0 Individual
Corporate Officer
Partner - 0 Limited 0 General
0 Corporate Officer
0 Partner - 0 Limited 0 General
Attorney-in-Fact
Guardian or Conservator
Tit le( s) :
ci Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Prod No 5907 Reorder Call Toll-Free 1-1 0 1994 National Notary Association. 8236 Remmel Ave , PO Box 7184 * Canoga Park. CA 91309-7184
-e $ ? Bond No. 155 92 13
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Reso
No. 97-656 adopted OCTOBER 28, 1997 , has awardc SANCON ENGINE'ERING 11, INC.
(hereinafter designated as the "Principal"), a Contract for:
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Coi
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of whic
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms tt-
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall
pay for any materials, provisions, provender or other supplies or teams used in, upon or aboi
performance of the work agreed to be done, or for any work or labor done thereon of any kin1
Surety on this bond will pay the same to the extent hereinafter set forth.
0
WASH IN GTON STREET PI PEL1 N E SYSTEM REHAB I LITATION
CMWD PROJECT NO. 97-103 - CONTRACT NO. 34521
NOW, THEREFORE, WE, SANCON ENGINEERING II, INC.
as Principal, (hereinafter designated, as the "Contractor"), and Insurance Company Of the we!
as Surety, are held firmly bound unto the City of Carlsbad in the sum of FsFTY ElGHT TH(
DO
($ 58,185.00 ), said sum being fifty percent (50%) of the estimated amount payak
the City of Carlsbad under the terms of the Contract, for which payment well and truly to be I
we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hidher subcontractoi
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or aboi
performance of the work contracted to be done, or for any other work or labor thereon of any
or for amounts due under the Unemployment Insurance Code with respect to such work or lab1
for any amounts required to be deducted, withheld, and paid over to the Employment Develop
Department from the wages of employees of the contractor and subcontractors pursuant to se
13020 of the Unemployment Insurance Code with respect to such work and labor that the Suret
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brc
upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fee
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 entitlc
file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 308:
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terr the Contract, or to the work to be performed thereunder or the specifications accompanyin!
same shall affect its obligations on this bond, and it does hereby waive notice of any ch:
extension of time, alterations or addition to the terms of the contract or to the work or tc
ONE HUNDRED EIGHTY FIVE AND NO/IQO ____----------- - ---------- --------- e
e specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor
e- p,@ 2/26/97 Contract No. 34521 Page 32 of 63Pages
--
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 19 Executed by SURETY this 7 th pa *
day of A!!Ocwh ,1977 . of November 9 19-
CONTRACTOR: SURETY:
5x/wx 45v- GYA :e* Insurance Company of the wst
(name of Contractor) (name of Surety)
17q52 x. 17th Street, B111 Tustir 1- :- By: p@Cg/ (sign here) - (address of Surety) L-
71/L 817 - 9900
Michael R. Langan
(printed name of Attorney-in-Fact)
(attach corporate resolution showing cur
power of attorney)
(print name here)
(title and organization of'signatory)
C-iG4. r 9rL. e/- 0
(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.
one officer signs, the corporation must attach a resolution certified by the secretary or as:
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
-=
0
*B r,s 2/26/97 Contract No. 34521 Page 33 of 63Pages
t .. -
' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of us Angel=
before me, Judith H. McNiff, Notary Fublic On NOV. 7, 1997
DATE NAME. TITLE OF OFFICER - E G 'JANE DOE NOTARY PUBLIC"
personally appeared Michael R* Lmgan
B personally known to me - OR - 0 proved to me on the basis of satisfactory evidenc
to be the person(%) whose name(n) is/=
subscribed to the within instrument and a(
knowledged to me that he/&=W$%y execute
the same in hislhw&ba P authorize
signature@) on the instrument the person@
NAME(S) OF SIGNER(S)
<
WITNESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevt
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 CORPORATE OFFICER Labor and Materials Bond
TITLE OR TYPE OF DOCUMENT TITLE(S)
2 M ATTOR N EY - I N- FACT
0 GUARDIAN/CONSERVATOR
NUMBER OF PAGES
11/7/97
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE Insurance Company of the West
01993 NATIONAL NOTARY ASSOCIATION * 8236 Rernmet Ave., P.0 Box 7184 - Canoga Park, CA 91:
.e * .- , *
Insurance Company of the West
POWER OF ATTORNEY
HOME OFFICE: SAN DIEGO, CALIFORNIA a
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation. does hereby appoinr
MICHAEL R. LANGAN
Its me and la~~i AnorneY(s)-in-Fact, with full power and authority. to exeyte. on behalf of the Company. fidelity and surety bonds. undeGakin( olher conlracts of surelyship of a similar nature.
This Power of Anorney is granted and is signed and sealed by facsimile under the authority of the following Resolut~on adopted by the Boarcr c! 01
On the i2nd aay of November, 1994. which said Resolulion has not been amended or rescinded and of which the following IS a true cc3y
"RESOLVED. lhat the Chairman of the Board. the President. an Executive Vice President or a Senior Vice Presidenl of Ihe Company, anc E
them is hereby authorized to execule Powers of Atlorney qualifying the attorney named in the given Power of Attorney to execute on behalf
Company, fidelity and surety bonds, underlakings. or ocher contracls of suretyship of a similar nature; and to attach thereto lhe seal of the Coi
providea however, that the absence of the seal shall not affect the validity of the inslrument.
FURTHER RESOLVED, lhal the stgnalures of such off!cers and the seal of the Company, and the signatures of any witnesses. Ihe sigr,a!ui
seal of any noiary. and Ihe signatures of any officers certifying the validity of the Power of Attorney. may be afixed by facsimile ''
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents lo be signed by 11s duly aulhorized oflcers 'I
2nd day cf May 1995 . 0 INSURANCE COMPANY OF THE WEST
2' ,,,t3R?ORAl[o **
@STATE OF CALlFORNtA
%cn c41~~~~U\L j,4' pa- John - L. Hannum. ____ - __ - Senior . ,.. - - Vice . . . . President . . .- - ._ . . . ss
COUNTY OF SAN DIEGO
On May 2nd 1995 before me, personally appeared John L. Hannum. Senior Vice President of INSURANCE COI
OF THE WEST, personally known io me to be the individual and officer who executed the within ins!rument. and acknowledged lo me tnai ne e
the same in his official capacity and thal by his signature on the instrument. the corporation. on behalf of which he acted. executed rne ins:
WITNESS my hana and official seal
- q&B&!..&dk/? Notary Public
CERTIFICATE.
I E ilarned Davis. Vice Presideril of INSUWNCE COMPANY OF THE WEST. do hereby certify that the original POWER OF ATTORNEY
[he fore~olng IS a true copy, IS still in full force and eHect. and that this certificate may be signed by facsimile under the authority of tP.e a3ovi
resolution
IN WITNESS WHEREOF, I hav2 susscribed my name as Vice Presidencbn this 7th day of Nov !(
INSURANCE COMPANY OF THE WEST 0 ; uca~~n~~~J,, *.ac* \ !%I' F6
-. __. . . . I. . . F)g&&t. -.. d@(/ /(
CAlVoRO E. Harned Davis. Vice President
ICW 37
a
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
before me, Peqqy E. Scanlon. Notary Public ,
personally appeared - and nGbar;lh ni Renede_ttn ,
El personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) k/are subscribed to the within instrument
and acknowledged to me that Re/sbe/they executed the
same infabslhdtheir authorized capacity(ies), and that by
kbier/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
' 1 date' Name and Title of Offlcer (e g , "Jane Doe, Notary Public')
Narne(s) of Signer@)
Signature of Notary Public
Though the information below IS not required by law, /t may prove valuable to persons rebing on the document and could prevent fraudulent removal and reattachment of thls form to another document.
Description of Attached Document
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer
Partner - 0 Limited 0 General
0 Corporate Officer
cl Partner - 0 Limited 3 General
0 Attorney-in-Fact
0 Guardian or Conservator
Title(s):
0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Prod No 5907 Reorder Call Toll-Free 1 0 1994 National Notary Association * 8236 Rernrnet Ave PO Box 7184 - Canoga Park CA 91309-7184
t" :, Bond NO. 155 92 13
FAITHFUL PERFORMANCEWARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Reso
No. 97-656 , adopted OCTOBER 28, 1997 , has award
SANCON ENGINEERING II, INC. , (herein
a
designated as the "Principal"), a Contract for:
in the City of Carlsbad, in strict conformity with the contract, the drawings and specification5
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad,
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms tt
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, SANCON ENGINEERING 11, INC. , as Prim
WASHINGTON STREET PIPELINE SYSTEM REHABILITATION
CMWD PROJECT NO. 97-1 03 - CONTRACT 34521
(hereinafter designated as the "Contractor"), and Tnsmance Company of the Vest
, as Surety, are held and firmly bound unto the City of Carl
in the sum of ONE HUNDRED SIXTEEN THOUSAND THREE HUNDRED SEVENT'
, said sum being
to one hundred percent (100%) of the estimated amount of the Contract,)to be paid to City
certain attorney, its successors and assigns; for which payment, well and truly to be made, WI
ourselves, our heirs, executors and administrators, successors or assigns, jointly and sev
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide b
well and truly keep and perform the covenants, conditions, and agreements in the Contract ar
alteration thereof made as therein provided on their part, to be kept and performed at the tim
in the manner therein specified, and in all respects according to their true intent and meanin!
shall indemnify and save harmless the City of Carlsbad, its officers, employees and agen
therein stipulated, then this obligation shall become null and void; othetwise it shall remain
force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified thc
there shall be included costs and reasonable expenses and fees, including reasonable atto
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as cosi
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the te
the Contract, or to the work to be performed thereunder or the specifications accompanyii
same shall affect its obligations on this bond, and it does hereby waive notice of any ct
extension of time, alterations or addition to the terms of the contract or to the work or
specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractc
not exonerate the Surety from its obligations under this bond.
Dollars ($ 116,370.00 AND N0/100 ......................... '
e
*w p,s 2/26/97 Contract No. 34521 Page 34 of 63Pages
-4 I
0 Executed by CONTRACTOR this /e Executed by SURETY this Tth dr
,1997 . November day of , 19 q7.
CONTRACTOR: SURETY:
INSURANCE COMPANY OF THE LEST
(name of Surety)
17852 E. 17th Street, #Ill Tustin C!
(address of Surety)
714 832-9900
I +w44=K AkL2n
(brint name here)
By:
(signatyfe of At orney-in-lf$rct)
c
Elichael R. Langan
(printed name of Attorney-in-Fact)
(sign here)
d2LS (Attach corporate resolution showing c
power of attorney.) Q P/( gw
“58C p
0
(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.
one officer signs, the corporation must attach a resolution certified by the secretary or as:
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
JANE MOBALDI
Deputy City Attor
e
4= aS 2/26/97 Contract No. 34521 Page 35 of 63Pages
- **
CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
Countyof IDS Angel-
before me, Judith H. McNiff , Notary Public on Nov. 7, 1997
DATE NAME, TITLE OF OFFICER - E G , "JANE DOE NOTARY PUBLIC'
personally appeared Michael R. Langan
H personally known to me - OR - 0 proved to me on the basis of satisfactory evidenc
to be the person(s) whose name(s) is/%
subscribed to the within instrument and ac
knowledged to me that he/&- execute
the same in his/kw&hxw P authorize
capacity(*, and that by his/MA
signature(a) on the instrument the person@
or the entity upon behalf of which th
person@) acted, executed the instrumeni
NAME(S) OF SIGNER(S1
1,1,,,1,1,,11,,11111 ,,,, lilllll~~!~~~~~i~~~~~~~~ii~i~~~~i~:~~~~~~~ igi~~ i-8. MeNIFF z
NESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevl
fraudulent reattachment of this form.
CAPACITY CLAl M ED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENl
Faithful Performance Bond
TITLE OR TYPE OF DOCUMENT TITLE(S)
2
NUMBER OF PAGES
11/7/97
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIN(IES)
SIGNER(S) OTHER THAN NAMED ABOVE Insurance Company of the West
___~
01993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave , P 0 Box 71 84 * Canoga Park, CA 91
- . , F*
Insurance Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA
1. POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation. does hereby appolnr
MICHAEL R. LANGAN
11s true and lawful AHorney(s)-in-Fact, with full power and authority. to exeyte, on behallof the Company, fidelity and surely bonds. underlakln5
olher contracts of suretyship of a similar nature.
This po.wer of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by Ihe Board o! Dl,
on the 22nd day of November. 1994. which said Resolution has not been amended or rescinded and of which the following IS a [rue co3y
"RESOLVED. that the Chairman of lhe Board. the Presidenl. an Executive Vice President or a Senior Vice President of Ihe Company. and E
Ihem. IS hereby aurhorized to execute Powers of Altorney qualifying the attorney named in the given Power of Attorney to execute on behail
Company. fidelity and surety bonds, underlakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of me Cor
provided however, lhat the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, [hat the signalures of such otfrcers and the seal of the Company, and the signatures of any witnesses. Ihe slgnaldr
seal 01 any notary. and the signatures of any officers certifying the validity of the Power of Attorney. may be affixed by facsimile "
IN WITNESS WHEREOF. INSURANCE COMPANY OF THE WEST has caused these presents to be signed by ifs duly aulhorized oscers lr
2nd daycf May > 995 0 4%" 1, ,912
c41 If or*\'
INSURANCE ~ COMPANY OF THE WEST
John L. Hannum. Senior Vice Presidenl
2 ,~CO~'O~~I~~ e* - - ___. . __ - - .. - -. - . . . . .- - .- . . PC TATE OF CFtLIFORNIA
COUNTY OF SAN DIEGO
.j ss.
Or May 2nd. 1995 belore me, personally appeared John L. Hannum. Senior Vice President of INSURANCE Cob
OF THE WEST, personally known Io me to be the individual and oficer who executed the within instrument. and acknowleaged 10 me Inal ne ex
the Same in his oHicial capacity and that by his signature on the instrument, the corporation. on behalf of which he acted. execuled Ihe !nslrl
WITNESS my hand and official Seal.
- q &BdL! Notary Public _.__. 4% &4 L --_.
CERTIFICATE.
I E larned Davis, Vice Presideill of INSUFWNCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY 3
[he forecolng 1s a true copy. IS still In full force and effect. and that this certificate may be signed by facsimile under the authority of !he aoove
resolullon
IN LfiiiTNESS WHEREOF, I have susscribed my name as Vice Presidenc'on this 7th day of NOV '9
INSURANCE COMPANY OF THE WEST 0 ; _'o~~na'l[o *.ec* , $91' ** Fg&&t. ,. ... c&;. / .. .__ . . . . .
CAi ,IC**+ E. Harned Davis. Vice President a
ICW 3;
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orawe
before me, Peqqv E. Scanlon, Notarv Public ,
personally appeared Nick i7iRenpdeti-n and n-hnrah niRenewtn t
El personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) &/are subscribed to the within instrument
and acknowledged to me that he/&/they executed the
same infak/hs&their authorized capacity(ies), and that by
Bia/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
i Date ’ Name and Title of Officer (e g , “Jane Doe, Notary Public”)
Name(s) of Signer(s)
Though the /nformat/on below IS not required by law, it may prove valuable to persons relymg on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General
Corporate Officer
0 Partner - Limited 0 General
0 Attorney-in-Fact
0 Guardian or Conservator
Title(s):
0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Prod No 5907 Reorder Call Toll-Free 1 Q 1994 National Notary Association * 8236 Remmet Ave PO Box 7184 * Canoga Park CA 91309-7184
..
N Hollywood Way Suite 201 mk, CA 91505-1055
Sancon Engineering II, Inc. 5841 Engineer Dr. Huntington Beach, CA 92649
(97)C129147116
NERS 8 CONTRACTORS PROT
ALL OWNED AUTOS
SCHEDULED AUTOS
NON-OWNED AUTOS
UMBRELLA FORM
ontract No. 34521
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008-1989 DAYS WRITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
lmx€xSmma
- "
Saccon Engineering 11, Inc I
~ POi!CY NUMBER: (97)c129147116 COMMERCIAL GENERAL LIAE!'
THIS ENBOR$EMENT CMA HE POLICY, PLEAS READ IT CAREFULLY.
DDllTlONAL - OWNERS, LESSEES OR e
c RS(FORP61 B)
This endorsement modifies insurance pr~w&rd under the tollawtng:
CQMMERClAt GENERAL LIAQILITY COVERAGE PART,
SCHSDULE
ffams of Peaon or Organization:
The City sf Carlshad, Xtc-6FfTcE , emplZiyees and vo
{If no entry eppears above, infwrn&tlen
a5 apphcabre to this eitdorsement.)
WHO IS AN INSURED (Section fl) IS am Schedule, but only with rsspxt 40 hbi
to cm?ItM@ tku?i =ndot'sement wd; be shown h-l the oectafa
indude 85 a7 inaurwl the Per6an QP organ'zation sq'ov*n ! 0 put sf "Ywr wsrk'' fQr'wm? insLv*d by Or for YOU,
0
$wane@ f~~~czs Offica, I~c e 1934
Ir
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CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive
b8 Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned to Carlsbad as a part of the bid package.
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?
Certification #:
CERTlFlCATlON OF BUSINESS REP RES EN TAT10 N (S ) :
Mark all applicable blanks. This offeror represe part of this offer that:
This firm is-, is notxa woman-owned but
c WOMAN-OWNED BUSINESS: A woman-own ness is a business of which at least 51 pe owned, controlled and operated by a woman or Controlled is defined as exercising the power t
F policy decisions. Operation is defined as involved in the day-to-day management.
I DEFINITIONS: FIRM'S PRIMARY PRODUCTS OR SERVICE:
MINORITY BUSINESS ENTERPRISE: "Minority r% 0 Business" is defined as a business, at least 51
c, 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 6"
members. The Small Business Administration CoNSTRUCTION CoNTRACTOR: ! c defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, CLASSIFICATION(S): Ai
C' Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific LlCENSE NUMBER: 7 Americans (Le., US. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted.
I/- NO - YES
This firm is-, is not / a minority business.
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COMPANY NAME PRINTED NAME
ADDRESS TIT
CITY, STATE A~D ZIP SI'GNAT RE
TELEPHONE NUMBER DATE
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em aS 2/26/97 Contract No. 34521 Page 36 of 63Pages
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION a
This Escrow Agreement is made and entered into by and between the City of Carlsbad \i
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City'
whose addre
hereinafter
"Contractor" and whose addre
hereir
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as foll
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of Cali
the contractor has the option to deposit securities with the Escrow Agent as a substitL
retention earnings required to be withheld by the City pursuant to the Construction Contract ei
into between the City and Contractor for WASHINGTON STREET PIPELINE REHABILITA
(hereinafter referred to as the "Contract"). Alternatively, on written request
contractor, the City shall make payments of the retention earnings directly to the escrow a
When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow
shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurai
cover negligent acts and omissions of the escrow agent in connection with the handling of rete
under these sections in an amount not less than $100,000 per contract. The market value
securities at the time of the substitution shall be a least equal to the cash amount then requ
be withheld as retention under the terms of the contract between the City and Conk
Securities shall be held in the name of the , an(
designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise
be withheld from progress payments pursuant to the Contract provisions, provided that the E
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 E
agent shall hold them for the benefit of the contractor until such time as the escrow created
this contract is terminated. The contractor may direct the investment of the paymeni
securities. All terms and conditions of this agreement and the rights and responsibilities
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 E
Agent in administering the Escrow Account and all expenses of the City. These expensc
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 i
interest earned on that interest shall be for the sole account of Contractor and shall be sut
withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow A only by written notice to Escrow Agent accompanied by written authorization from City to the E
CMWD PROJECT NO. 97-103 - CONTRACT 34521 Of
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e- %c' 2/26/97 Contract No. 34521 Page 37 of 63 Pages
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 Conk Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow shall immediately convert the securities to cash and shall distribute the cash as instructed t
City.
8. Upon receipt of written notification from the City certifying that the Contract is final and con
and that the Contractor has complied with all requirements and procedures applicable 1
Contract, the Escrow Agent shall release to Contractor all securities and interest on deposi
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately
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 con1
pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor sha
Escrow Agent harmless from Escrow Agent's release, conversion and disbursement ( securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive \
notice on behalf of the City and on behalf of Contractor in connection with the foregoins
exemplars of their respective signatures are as follows:
For City: Title
Name
Signature a Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
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em p,@ 2/26/97 Contract No. 34521 Page 38 of 63Pages
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow
a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers (
date first set forth above.
a
For City: Title
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title a Name
Signature
Address
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*w p,s 2/26/97 Contract No. 34521 Page 39 of 63 Pages
SPECIAL PROVISIONS
WASHINGTON STREET
PIPELINE SYSTEM REHABILITATION
0 FOR
CMWD PROJECT NO. 97-103 - CONTRACT NO. 34521
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CQNSTRUCTIC
PART I, GENERAL PROVISIONS
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBQ
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "schec
or words of similar import are used, it shall be understood that reference is made to the
accompanying these provisions, unless stated otherwise. 0 Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar imp(
used, it shall be understood that the direction, designation or selection of the Engineer is ink
unless stated otherwise. The word "required" and words of similar import shall be understc
mean "as required to properly complete the work as required and as approved by the Engi
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", an(
words of similar import are used, it shall be understood such words are followed by the exprc
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", l'app
"acceptance", or words of similar import are used, it shall be understood that the apl
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor,
expense, shall perform all operations, labor, tools and equipment, and further, includir
furnishing and installing of materials that are indicated, specified or required to mean th
Contractor, at its expense, shall furnish and install the work, complete in place and ready t
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, st-
exclusively defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
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4w %# 2/26/97 Contract No. 34521 Page 40 of 63Pages
City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Mana! claims submitted by the Contractor. The City Manager is the last appeal level for informal d
resolution.
Engineer - the City Engineer of the City of Carlsbad or hidher approved representative. Th
Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than IO percent (10%) of the o Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are directed, supervised and paid by the Contractor to accomplish the completion of the Work. FI such employees have their employment taxes, State disability insurance payments, Stat Federal income taxes paid and administered, as applicable, by the Contractor. When u! Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or I and uses to accomplish the Work. Equipment that is owner operated or leased equipment w operator is not part of the Contractor’s Own Organization and will not be included for the purp compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator pn
who is employed by neither the Contractor nor a subcontractor and is neither an agent or em1 of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appl informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract adminis and first level for informal dispute resolution.
Project Manager - the District Engineer, William E. Phmmer, of the City of Carlsbad or h approved representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appf informal dispute resolution. -
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SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions ret
the Contractor to complete 50 percent of the contract price with its own organization, the P may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 perc the value of the work performed in excess of 50 percent of the contract price by other th Contractor’s own organization. The City Council shall be the sole body for determinatioi violation of these provisions. In any proceedings under this section, the prime contractor SI entitled to a public hearing before the City Council and shall be notified ten (IO) days in adva the time and location of said hearing. The determination of the City Council shall be final. 0
e- aS 2/26/97 Contract No. 34521 Page 41 of 63Pages
2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first parac
having to do with a surety being listed in the latest revision of U.S. Department of Treasury Ci
Modify Paragraphs three and four to read: The Contractor shall provide a fr
performance/warranty bond and payment bond (labor and materials bond) for this contract.
faithful performance/warranty bond shall be in the amount of I00 percent of the contract prici
the payment bond shall be in the amount of 50 percent of the contract price. Both bonds
extend in full force and effect and be retained by the Agency during this project until the
released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30
after recordation of the Notice of Completion and will remain in full force and effect for the on€
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer.
The payment bond shall be released six months plus 30 days after recordation of the Not
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admittec
authorized to transact the business of insurance in California and whose assets exceed
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to conk
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by la\
2) A certified copy of the certificate of authority of the insurer issued by the insb
If the bid is accepted, the Agency may require a financial statement of the assets and liabilii
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date
execution of the bond. The financial statement shall be made by an officer's certificate as defi
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statemer
be verified by the oath of the principal officer or manager residing within the United States.
@ 570.
other instrument entitling or authorizing the person who executed the bond to do so.
commissioner. a
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Stti
Specifications for Public Works Construction, (SSPWC), 1997 Edition, hereinafter desi$
"SSPWC", as issued by the Southern California Chapter of the American Public Works Assoc
and as amended by the Special Provisions section of this contract.
The construction plans consist of one (I) set. The first set is designated as City of Carlsbad DI
No. 97-103 and consists of seven (7) sheets.
2-5.3.3 Submittals, add the following: When submitted for the Engineer's review,
Drawings shall bear the Contractor's certification that he has reviewed, checked, and approvl
Shop Drawings and that they are in conformance with the requirements of the Contract Docur
The Contractor shall subscribe to and shall place the following certification on all submittals:
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“I hereby certify that the (equipment, material) shown and marked in this submittal is that pro[
to be incorporated into this Project, is in compliance with the Contract Documents, can be ins
in the allocated spaces, and is submitted for approval.
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as
record set of blue-line prints, which shall be corrected in red daily and show every change fro
original drawings and specifications and the exact “as-built“ locations, sizes and kinds of equip
underground piping, valves, and all other work not visible at surface grade. Prints for this pu
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and st
used only as a record set and shall be delivered to the Engineer upon completion of the \
Payment for performing the work required by section 2-5.4 shall be included in various bid iterr
no additional payment will be made therefor.
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2-9 SURVEYING.
2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not c
permanent survey monuments or benchmarks without the consent of the Engineer. Whei
Engineer concurs, in writing, with the Contractor that protecting an existing monument in pl(
impractical, the Contractor shall employ a licensed land surveyor to establish the location
monument before it is disturbed. The Contractor shall have the monument replaced by a licl
land surveyor no later than thirty (30) days after construction at the site of the replacem
completed. The Licensed Land Surveyor shall file corner record(s) as required by §§ 877
8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in wl
permanent survey monument is located, the Contractor shall adjust the monument frame and
to the new grade. Monument frames and covers shall be protected during street sealing or p;
projects or be cleaned to the satisfaction of the Engineer.
2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pay f
services of a land surveyor licensed in the State of California, hereinafter Surveyor, to perfc
work necessary for establishing control, construction staking, records research and all
surveying work necessary to construct the work, provide surveying services as required here
provide surveying, drafting and other professional services required to satisfy the requireme
the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operatior
shall personally supervise and certify the surveying work.
0
. Add the following section:
2-9.3.1 Submittal of Surveying Data,
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade she
the Engineer before commencing work in the area affected by the grade sheets. The Con
shall submit field notes for all surveying required herein to the Engineer within ten d:
performing the survey. All surveying field notes, grade sheets and survey calculations st
submitted in bound form on 8’/”’ by 11” paper. The field notes, calculations and data shall bc
and complete with name of field party chief, field crew members, preparer, date of observai
calculation, consecutive page numbers and shall be readable without resort to any electron
All surveying data submittals shall conform
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4- aS 2/26/97 Contract No. 34521 Page 43 of 63Pages
computer program or documentation for any computer program. The field notes shall be pre
in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Recc
Survey prepared and filed in conformance with §§ 8700 - 8805 of the State of California Bu:
and Professions Code showing all SDRS M-10 monuments set. The record of survey shall shc
location and justification of location of all permanent monuments set and their relation to the
right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and apl
before submittal to the County Surveyor and before submittal to the County Recorder.
Add the following section:
2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at 5
intervals as measured along the project stationing unless a lesser interval is specified he
Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch poini
street crown lines where no median exists. Large slopes shall have line point set to
construction of the slope. Rough sub-grade stakes for roadway section shall be set at ec
pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing subbz
aggregate base for the roadway section. The stakes shall be set at edge of pavement and
curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be at 2
intervals at edge of pavement and top of curbs and crown line where no median e)
Intermediate stakes between edge of pavement and top of curb shall be set at 15-foot interv
the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be at 2
intervals at top of curb, edge of pavement, and all crown lines and grade breaks. lnterm
stakes between edge of pavement and top of curb shall be set at 15-foot intervals. Storm
staking shall be done at 25-foot intervals. Catch basins shall be staked at centerline and eac
of the local depression. Curbs/curbs and gutter shall be staked at 25-foot intervals, center
driveways, and 1/4, 1/2, 314 delta on returns. Fills to finish grade at 25-foot intervals by the I
pass width shall be painted on the pavement prior to placing each lift of asphalt on vi
thickness pavement overlays requiring leveling courses. Intersections showing specific fii
asphalt grids shall be painted per the grid. Stakes shall be set to show the location and gri
future curbs adjacent to traffic signal locations where the curb is not being built as a part
contract. Surveyor shall mark the removal limits and limits of work line shown on the plans
markings shall consist of continuous painted lines on asphalt and concrete surfaces and red fl
or painted laths spaced on centers no more than twenty-five feet on unimproved areas.
markings shall be completed by Surveyor and inspected and approved by the Engineer befc
start of construction in the area marked. Centerline monuments shall be laid out, the1
stamped, and a Record of Survey satisfactory to the Engineer filed with the County in accor
with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at 2
intervals with offsets referencing the top and centerline of pipe on main line and laterals.
pipeline work the pipe and each access hole, pipe material change, lateral connection,
appurtenance, or hydrant location with elevations shall be staked and provided with grade
designating the offset of the reference point, station, elevation of reference point, cut (or fi
feature of pipe that is referenced. Habitat mitigation sites and other areas to be preserved tt
shown on the plans shall be staked and flagged at 25 foot intervals prior to the start of an)
activities within the limits of the work.
Add the following section:
2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requireme
Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the surve:
and no additional payment will be made. Extension of unit prices for extra work shall inclu
compensation for attendant survey work and no additional payment will be made therefor. PE
for the replacement of disturbed monuments and the filing of corner records shall be incide
the work necessitating the disturbance of said monuments and no additional payment will be
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therefor.
4- p,# 2/26/97 Contract No. 34521 Page 44 of 63Pages
2-10 AUTHORITY OF BOARD AND ENGINEER
@ Add the following section:
2-10.1 Availability of Records, The Contractor shall provide copies of all records i
Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may requei
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, ’
Engineer, within San Diego County, accurate books and accounting records relative to
activities. The Engineer shall have the right to monitor, assess, and evaluate Contr:
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to in
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and intei
of Contractor’s staff. At any time during normal business hours and as often as the Enginee
deem necessary, upon reasonable advance notice, Contractor shall make available to the En1
for examination, all of its records with respect to all matters covered by this Contract and will
the Engineer to audit, examine, copy and make excerpts or transcripts from such data and re
and to make audits of all invoices, materials, payrolls, records of personnel, and other data rf
to all matters covered by this Contract. However, any such activities shall be carried OL
manner so as to not unreasonably interfere with Contractor’s ongoing business open
Contractor shall maintain such data and records for as long as may be required by applicablc
and regulations.
SECTION 3 -- CHANGES IN WORK
@ 3-3 EXTRA WORK.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decreas
minor Bid Item, the use of this basis for the adjustment of payment will be limited to that por
the change, which together will all previous changes to that item is not in excess of 25 percent
total cost of such item based on the original quantity and Contract Unit Price. Adjustme
excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3,
Work.
3-3.2.2 ( c ) Tool and Equipment Rental, Regardl
ownership, the rates and right-of-way delay factors to be used in determining rental and delay
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTf
current at the time of the actual use of the tool or equipment, The right-of-way delay factors t
shall be used as multipliers of the rental rates for determining the value of costs for delay
Contractor and subcontractors, if any, The labor rates published therein are not a part 1
contract.
3-3.2.3 Markup,
replace with the following:
(a) and shall constitute the markup for all overhead and profits:
second paragraph, modify as follows:
Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPh
Work by Contractor. The following percentages shall be added to the Contractor’s
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e* p,s 2/26/97 Contract No. 34521 Page 45 of 63Pages
1) Labor ................................... 20
2) Materials ............................. 15 @ 3) Equipment Rental ................... 15
Other Items and Expenditures .. 15 4)
To the sum of the costs and markups provided for in this section, 1 percent shall be add
compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcont
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, Paymc
extra work will not be made until such time that the Contractor submits completed daily repor
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete par;
five (5), and add the following: The Contractor shall not be entitled to the payment of any adc
compensation for any act, or failure to act, by the Engineer, including failure or refusal to i:
change order, or for the happening of any event, thing, occurrence, or other cause, unless hc
have first given the Engineer due written notice of potential claim as hereinafter spec
Compliance with this section shall not be required as a prerequisite to notice provisions in Sec
7.3 Contract Time Accounting, nor to any claim that is based on differences in measurem
errors of computation as to contract quantities. The written notice of potential claim for ch
conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior
time that the Contractor performs the work giving rise to the potential claim. The Contractor’s
to give written notice of potential claim for changed conditions to the agency upon their disc
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description
particular circumstances giving rise to the potential claim, the reasons for which the Con
believes additional compensation may be due and nature of any and all costs involved wit1
working days of the date of service of the written notice of potential claim for changed condi
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claim
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the Cal
False Claims Act, Government Code sections 12650-1 2655. The undersigned further under:
and agrees that this potential claim, unless resolved, must be restated as a claim in response
City’s proposed final estimate in order for it to be further considered.’’
The Contractor’s estimate of costs may be updated when actual costs are known. The Con
shall submit substantiation of its actual costs to the Engineer within 20 working days aft
affected work is completed. Failure to do so shall be sufficient cause for denial of any
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by vi1
the contract be brought to the attention of the Engineer at the earliest possible time in ordf such matters be settled, if possible, or other appropriate action promptly taken.
add the following after the second sentence:
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** p,s 2/26/97 Contract No. 34521 Page 46 of 63Pages
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written not
potential claim prior to commencing any disputed work. Failure to give said notice shall constil
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with di
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the conti
shall attempt to resolve all disputes informally through the following dispute resolution ch:
command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion c
disputed work stating its position on the claim, the contractual basis for the claim, along w
documentation supporting the costs and all other evidentiary materials. At each level of CIS
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of I
review the Contractor's report and respond with a position, request additional information or re
that the Contractor meet and present its report. When additional information or a meet
requested the City will provide its position within 10 working days of receipt of said addl
information or Contractor's presentation of its report. The Contractor may appeal each I
position up to the City Manager after which he may proceed under the provisions of the I
Contract Code.
The authority within the dispute resolution chain of command is limited to recommend
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change
provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance wit
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencini
Section 20104) which is set forth below:
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ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five tho1
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
public agency when the public agency has elected to resolve any disputes pursuant to Artic
(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, E
that "public work" does not include any work or improvement contracted for by the state (
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) paym
money or damages arising from work done by, or on behalf of, the contractor pursuant
contract for a public work and payment of which is not otherwise expressly provided for t
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by thc
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specific
for any work which may give rise to a claim under this article.
@ agency.
e- %# 2/26/97 Contract No. 34521 Page 47 of 63Pages
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the (
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intenc
extend the time limit or supersede notice requirements otherwise provided by contract for the
of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respc
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, 1
30 days of receipt of the' claim, any additional documentation supporting the claim or relati
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 1
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 submit
the claimant within 15 days after receipt of the further documentation or within a period of tir
greater than that taken by the claimant in producing the additional information, whichever is grc
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hu
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all Y
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of rect
the claim, any additional documentation supporting the claim or relating to defenses to the clai
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant i
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 submit
the claimant within 30 days after receipt of the further documentation, or within a period of tir
greater than that taken by the claimant in producing the additional information or reqL
(d) If the claimant disputes the local agency's written response, or the local agency fails to re!
within the time prescribed, the claimant may so notify the local agency, in writing, either witt
days of receipt of the local agency's response or within 15 days of the local agency's fail1
respond within the time prescribed, respectively, and demand an informal conference to mec
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schec
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 disput
> claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Cha
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Cod(
purposes of those provisions, the running of the period of time within which a claim must bc
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivisi
until the time that claim is denied as a result of the meet and confer process, including any pel
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor sh
construed to change the time periods for filing tort claims or actions specified by Chat
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of D
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims s
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both p
The mediation process shall provide for the selection within 15 days by both parties
disinterested third person as mediator, shall be commenced within 30 days of the submitta
shall be concluded within 15 days from the commencement of the mediation unless i
requirement is extended upon a good cause showing to the court or by stipulation of both par
e
@ documentation, whichever is greater.
1)
ew p,@ 2/26/97 Contract No. 34521 Page 48 of 63Pages
the parties fail to select a mediator within the 15-day period, any party may petition the cc
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursu
Chapter 2.5 (commencing with Section 1141 .IO) of Title 3 of Part 3 of the Code of Civil Proct
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Arti
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil proa
shall apply to any proceeding brought under the subdivision consistent with the rules pertair
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators app
for purposes of this article shall be experienced in construction law, and, upon stipulation
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay
exceed their customary rate, and such fees and expenses shall be paid equally by the p
except in the case of arbitration where the arbitrator, for good cause, determines a different dii
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) Title 3 of Part 3 of the Cc
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo bu
not obtain a more favorable judgment shall, in addition to payment of costs and fees undr
chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the media
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undi:
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 ri
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is file
court of law.
*
arbitration process.
0
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and
access to any and all parts of work at any time. Contractor shall furnish Engineer with
information as may be necessary to keep the Engineer fully informed regarding progress
manner of work and character of materials. Inspection or testing of the whole or any portion (
work or materials incorporated in the work shall not relieve Contractor from any obligation to
this Contract.
4-1.4 Test of Materials, add the following: Except as specified in these Special Provisior
Agency will bear the cost of testing materials and/or workmanship where the results of suct
meet or exceed the requirements indicated in the Standard Specifications and the 2
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved 1
before the delivery is started. All materials proposed for use may be inspected or tested at an
during their preparation and use. If, after incorporating such materials into the Work, it is four
sources of supply that have been approved do not furnish a uniform product, or if the produc
any source proves unacceptable at any time, the Contractor shall furnish approved materia
other approved sources. If any product proves unacceptable after improper storage, handling
any other reason it shall be rejected, not incorporated into the work and shall be removed frc
project site all at the Contractor's expense.
0
ew tlg 2/26/97 Contract No. 34521 Page 49 of 63Pages
Compaction tests may be made by the Engineer and all costs for tests that meet or excee
requirements of the specifications shall be borne by the Agency. Said tests may be made a
place along the work as deemed necessary by the Engineer. The costs of any retests
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for
satisfactory performance of substituted items. If, in the sole opinion of the Engineer,
substitution is determined to be unsatisfactory in performance, durability, compatibility
associated items, availability of repair parts and suitability of application the Contractor
remove the substituted item and replace it with the originally specified item at no cost tc
Agency.
@
SECTION 5 -- UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a s
of known records, endeavored to locate and indicate on the Plans, all utilities which exist with
limits of the work. However, the accuracy and/or completeness of the nature, size and/or local
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caus
the failure of other parties to relocate utilities that interfere with the construction, the Contr
upon request to the Engineer, may be permitted to temporarily omit the portion of work affect
the utility. Such omission shall be for the Contractor’s convenience and no additional compenc
will be allowed therefor. The portion thus omitted shall be constructed by the Cont
immediately following the relocation of the utility involved unless otherwise directed by the Engi
0
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsectioi
and substitute the following: The Contractor shall begin work within thirtv (30) calendar
after receipt of the “Notice to Proceed”.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly F
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The F
Representative shall be the individual determined under section 7-6, “The Contr:
Representative”, SSPWC. No separate payment for these meetings will be made.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecutl
work to completion within sixtv (60) working days after the starting date specified in the Noti
Proceed.
6-7.2 Working Day. Unless otherwise approved in writing by the Eng
the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays th
0 Add the following:
e= %c’ 2/26/97 Contract No. 34521 Page 50 of 63 Pages
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval o
Engineer if the Contractor desires to work outside said hours or at any time during weekends a
holidays. This written permission must be obtained at least 48 hours prior to such work
Engineer may approve work outside the hours and/or days stated herein when, in hidher
opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency
Contractor shall pay the inspection costs of such work.
Contractor is hereby advised that the Engineer will require after hours on an interim ba:
accomplish pipeline rehabilitation work for on Washington Street.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for
(1) year after recordation of a "Notice of Completion" and any faulty work or materials discov
during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twc
five percent of the faithful performance bond shall be retained as a warranty bond for the one
warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sen
of the second paragraph and add the following: For each consecutive calendar day in exce
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor
pay the Agency, or have withheld monies due it, the sum of five hundred ($500) Dollars.
Execution of the Contract shall constitute agreement by the Agency and Contractor five hu
($500) per day is the minimum value of costs and actual damages caused by the Contrac
complete the Work within the allotted time. Any progress payments made after the sp~
completion date shall not constitute a waiver of this paragraph or of any damages.
0
0
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurer
have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authoriz
conduct business in the state of California and are listed in the official publication of the Depar
of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is
placed with insurers that are admitted and authorized to conduct business in the state of Cali
and are listed in the official publication of the Department of Insurance of the State of Califc
Policies issued by the State Compensation Fund meet the requirement for workers' compen
insurance.
7-5 PERMITS. Except as specified herein the ageni obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building p1
necessary to perform work for this contract on Agency property, in streets, highways (except
highway right-of-way), railways or other rights-of-way. Contractor shall not begin work UI permits incidental to the work are obtained. The Contractor shall obtain and pay for all perm
the disposal of all materials removed from the project. The cost of said permit(s) shall be in( in the price bid for the appropriate bid item and no additional compensation will be allowed the1
Modify the first sentence to read:
0
em tl# 2/26/97 Contract No. 34521 Page 51 of 63 Pages
7-7 COOPERATION AND COLLATERAL WORK. @ Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility comp
during the relocation or construction of their lines. The Contractor may be granted a time exte
if, in the opinion of the Engineer, a delay is caused by the utility company. No addl
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required I
shall also be executed on weekends and other non-working days when needed to presen
health safety or welfare of the public. The Contractor shall conduct effective cleanup anc
control throughout the duration of the Contract. The Engineer may require increased lev
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health,
and welfare of the public. Cleanup and dust control shall be considered incidental to the ite
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall ob
construction meter for water used for the construction, plant establishment, maintenance, cle
testing and all other work requiring water related to this contract. The Contractor shall conta
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup, sf
meter and any, and all, other charges, deposits and/or fees therefor. Said costs sh
considered incidental to the items of work that they are associated with and no additional pa
will be made therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be eqi
with mufflers in good repair when in use on the project with special attention to the City
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall
accordance with the plans, Chapter 5 of the California Department of Transportation "Mar
Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffic (
system is displaced, or ceases to operate or function as specified, from any cause, durii
progress of the work, the Contractor shall immediately repair said component to its original COI
or replace said component and shall restore the component to its original location. In the eve
the Contractor fails to install and/or maintain barricades or such other traffic signs, mal
delineation or devices as may be required herein, the Engineer may, at hidher sole option,
the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($
per day per traffic sign or device, or the actual cost of providing such traffic control I
whichever is the greater.
Add the following section:
7-10.3.1 Construction Area Signs. Warning and advisory signs, lights and devices insta
placed to provide traffic control, direction and/or warning shall be furnished, installed, mair
and removed by the Contractor when no longer required. Care shall be used in perf(
excavation for signs in order to protect underground facilities. Warning and advisory sigr
remain in place overnight shall be stationary mounted signs. Stationary signs that warn c
@
4- aS 2/26/97 Contract No. 34521 Page 52 of 63Pages
existant conditions shall be removed from the travelled way or shielded from the view c
travelling public during such periods that their message does not pertain to existing condition:
excavation required to install stationary construction area signs shall be performed by methods without the use of power equipment. Warning and advisory signs that are used only c
working hours may be portable signs. Portable signs shall be removed from the travelled wa
shielded from the view of the travelling public during non-working hours.
During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle 1
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformancc
the provisions in Section 12-3.06B, “Portable Signs”, of the CALTRANS Standard Specificatio
Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheeti
aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retrorefl
sheeting signs; or equal.
Stationary mounted signs used for traffic control during construction of the Work shall be instal
on break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same mal
shown on CALTRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of roadside
except as follows:
(a) Back braces and blocks for sign panels will not be required.
(b) The height to the bottom of the sign panel above the edge of traveled way shall be at leasi 2.1 m.
(c) Construction area sign posts may be installed on above ground temporary platform sign supports as approved by the Engineer, or the signs may be installed on existing lighting stand:
or other supports as approved by the Engineer.
(d) When construction area signs are installed on existing lighting standards, holes shall not t made in the standards to support the sign.
(e) The post embedment shall be 0.8-m if post holes are backfilled around the posts with 500-
2500 concrete.
(f) When break-away sign posts (SDRS M-45) are used one post shall be provided for each square meters of sign area.
For wood posts post size and number of posts shall be as shown on CALTRANS Standard Pla
2. Lumber for wood posts shall be as for sight posts.
Sign panels for stationary mounted signs shall conform to the requirements of Section 2
“Reflective Sheeting Aluminum Signs”, and the following:
(a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axis, i diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless othc
specified.
(b) Frames shall be constructed in accordance with “Framing Details for Sheet Aluminum $ Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS.
(c) Sign panel fastening hardware shall be commercial quality.
Each portable sign shall consist of a base, standard or framework and a sign panel. The unit
be capable of being delivered to the site of use and placed in immediate operation. Sign pan
portable signs shall conform to the requirements of sign panels for stationary mounted signs i
7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cotton drill
flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used duri hours of darkness. Size, color, and legend requirements for portable signs shall be as descrit
stationary mounted sign panels in Section 206-7, “Reflective Sheeting Aluminum Signs”.
height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3 I
parts of the sign standard or framework shall be finished with 2 applications of an orange e
which will match the color of the sign panel background. Testing of paint will not be requir
portable signs are displaced or overturned, from any cause, during the progress of the WOI
0
0
0
*w r,# 2/26/97 Contract No. 34521 Page 53 of 63Pages
Contractor shall immediately replace the signs in their original locations.
@ Add the following section:
7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-1 0 SSPWC “Public Conver
and Safety.” Nothing in these Special Provisions shall be construed as relieving the Contractoi
its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than pos
delineators are used during the hours of darkness, they shall be affixed or covered with refl
cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves sh
seven (7) inches long.
The Contractor‘s personnel shall not work closer than six (6) feet, nor operate equipment with
(2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be mea
from the closest approach of any part of the equipment as it is operated and/or maneuve
performing the work. This requirement may be waived when the Engineer has given v
authorization to the reduction in clearance that is specific to the time, duration and location oi
waiver or for the work of installing, maintaining and removing traffic control devices. As a cor
of such waiver the Engineer may require the Contractor to detour traffic, adjust the width
realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.
Personal vehicles of the Contractor’s employees shall not be parked within the traveled
including any section closed to public traffic. Whenever vehicles or equipment are parked (
shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent
cones or portable delineators placed on a taper in advance of the parked vehicles or equipmei
along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past tt-
vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be
for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounl
a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engine(
construction traffic control devices shall be maintained in good order and according to thc
throughout the duration of work. During the entire construction, a minimum of two paved
lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each direc
travel.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of c
traffic lanes in accordance with the details shown on the plans, CALTRANS “Manual of
Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these S
Provisions. The provisions in this section will not relieve the Contractor from its responsib
provide such additional devices or take such measures as may be necessary to maintain
safety.
When lanes are closed for only the duration of work periods, all components of the traffic (
system, except portable delineators placed along open trenches or excavation adjacent
traveled way, shall be removed from the traveled way and shoulder at the end work period.
Contractor so elects, said components may be stored at selected central locations, approved
Engineer, within the limits of the right-of-way.
Add the following section:
7-1 0.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic
operations, traffic shall be controlled with lane closures, as provided for under “Traffic C
System for Lane Closure” of these Special Provisions or by use of an alternative traffic contrc
proposed by the Contractor and approved by the Engineer. The Contractor shall not start
striping operations using an alternative plan until he has submitted its plan to the Engineer ar
received the Engineer’s written approval of said plan.
0
e- r,s 2/26/97 Contract No. 34521 Page 54 of 63 Pages
Add the following section: 0 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation sha
furnished, placed, maintained and removed in accordance with the minimum standards specif Chapter 5 of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the
causes obliteration of pavement delineation, temporary or permanent pavement delineation sh
in place prior to opening the traveled way to public traffic. Lane line or centerline pave
delineation shall be provided at all times for traveled ways open to public traffic. All work nece:
including any required lines or marks, to establish the alignment of temporary pavement delinc
shall be performed by the Contractor. When temporary pavement delineation is removed, all
and marks used to establish the alignment of the temporary pavement delineation shall be rerr
by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose ma
Temporary pavement delineation shall not be applied over existing pavement delineation or
temporary pavement delineation. Temporary pavement delineation shall be maintained
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Enginee
temporary pavement delineation conflicts with the permanent pavement delineation or with i
traffic pattern for the area and is no longer required for the direction of public traffic.
temporary pavement delineation is required to be removed, all lines and marks used to est
the alignment of the temporary pavement delineation shall be removed.
Add the following section:
7-1 0.3.6 Modifications and Additions to Traffic Control Plan Sheets. The Contractoi
submit new Traffic Control Plans (TCP) for the Engineer's review for any construction activitie
do not fall within the Traffic Control Staging plans that may be included in the plans for this pr
The Contractor must obtain the Engineer's approval of the new TCP prior to implementing t
The Contractor may choose to modify, add to or supplement the traffic control plan shown o
and 7 of Drawing 97-103 of the contract documents or substitute traffic control schemes to f
its own interests. Such substitution shall be prepared in type and kind as sheets 5, 6, anc
Drawing 97-103. The level of detail, format, and graphics shall be of quality and size no lesi
shown on sheets 5, 6, and 7 of Drawing 97-103. All expenses and time to prepare and reviev
modifications, additions, supplements and/or new designs shall be included in the lump sum I
traffic control or, in the absence of a traffic control bid item, borne by the Contractor a
additional payment will be made therefor. Such modifications, supplements and/or new desigr
meet the requirements of the "MANUAL OF TRAFFIC CONTROLS, 1996 Edition as publisf
the State of California Department of Transportation and of the Engineer. Such modifi
addition, supplement, and/or new design shall be prepared by a professional engineer appror
registered in the State of California. The Engineer shall be the sole judge of the suitabili
quality of any such modifications, supplements, and/or new designs. The Engineer may a1
any such modifications, supplements, and/or new designs to the traffic control plans when, in I
sole opinion, such modifications, supplements, and/or new designs to the traffic control
prepared by the registered engineer retained by the Contractor will be beneficial to thl interests of the Agency. Such modification, addition, supplement, and/or new design shall
implemented and no work shall be commenced that is contingent on such approval ur
changed traffic control plans are approved by the Engineer. The preparation of such modifi addition, supplement, and/or new designs shall not presuppose their approval or obligr
Agency in any fashion. Submittal and review requirements for such modifications, supple and/or new designs shall conform to the requirements of section 2-5.3 Shop Drawing * Submittals.
*w t# 2/26/97 Contract No. 34521 Page 55 of 63Pages
Add the following section:
7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum pric
The contract lump sum price paid for "traffic control" shall include full compensation for furnish
labor (including flagging costs), materials (including signs), tools, equipment and incidentals, a
doing all the work involved in preparation, reproduction and changing of traffic control plans, pl
applying traffic stripes and pavement markers with bituminous adhesive, removing, si
maintaining, moving to new locations, replacing, and disposing of the components of the
control system as shown on the plans and approved additions and modifications, as specil
these special provisions, and as directed by the Engineer. Flagging costs will be paid for as
of the Lump Sum Amount for "Traffic Control." When included as a bid item the cost of lab(
material for portable concrete barriers will be paid for at the price bid. When there is no bid itc
cost of labor and material for portable concrete barriers they will be paid as an incidental to tht
being performed and no additional payment will be made therefor. Progress payment for 'I
Control" will be based on the percentage of the improvement work completed.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necc
precautions for the safety of employees on the work and shall comply with all applicable pro\
of Federal, State and Municipal safety laws and building codes to prevent accidents or in]
persons on, about, or adjacent to the premises where the work is being performed. The Con
shall erect and properly maintain at all times, as required by the conditions and progress
work, all necessary safeguards for the protection of workers and public, and shall use dangei
warning against hazards created by such features of construction as protruding nails, hoist
holes, and falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect thic
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or pc
materials, such as borrow pits or gravel beds, for use in the proposed construction project
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the con
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become con
of the contract.
0
SECTION 9 -- MEASUREMENT & PAYMENT
- 9-3 PAYMENT.
9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each mont~
Engineer will make an approximate measurement of the work performed to the closure dz
basis for making monthly progress payments. The estimated value will be based on contra(
prices, completed change order work and as provided for in Section 9-2 of the Sta
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar
after the closure date. Five (5) working days following the closure date, the Engineer
complete the detailed progress pay estimate and submit it to the Contractor for his inform:
Should the Contractor assert that additional payment is due, the Contractor shall within tei
days of receipt of the progress estimate, submit a supplemental payment request to the En!
with adequate justification supporting the amount of supplemental payment request. Upon ri of the supplemental payment request, the Engineer shall, as soon as practicable after re
determine whether the supplemental payment request is a proper payment request.
Engineer determines that the supplemental payment request is not proper, then the reques'
be returned to the Contractor as soon as practicable, but not later than seven (7) days after re
The returned request shall be accompanied by a document setting forth in writing the reason
0
QW aS 2/26/97 Contract No. 34521 Page 56 of 63Pages
the supplemental payment request was not proper. In conformance with Public Contract (
Section 20104.50, the City shall make payments within thirty (30) days after receipt c
undisputed and properly submitted supplemental payment request from the Contractor. If pay1
of the undisputed supplemental payment request is not made within thirty (30) days after recei
the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set
in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure.
9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agency
retain 10 percent of such estimated value of the work done and 10 percent of the value of matt
so estimated to have been furnished and delivered and unused or furnished and store
aforesaid as part security for the fulfillment of the contract by the Contractor, except that a
time after 20 percent of the work has been completed, if the Engineer finds that satisfa
progress is being made, the Agency may reduce the total amount being retained from pay
pursuant to the above requirements to 5 percent of the total estimated value of said work
materials and may also reduce the amount retained from any of the remaining partial paymer
5 percent of the estimated value of such work and materials. In addition, on any partial pay
made after 95 percent of the work has been completed, the Agency may reduce the an
withheld from payment pursuant to the requirements of this Section to such lesser amounts a
Engineer determines is adequate security for the fulfillment of the balance of the work and
requirements of the contract, but in no event will said amount be reduced to less than 125 pe
of the estimated value of the work yet to be completed as determined by the Engineer.
reduction will only be made upon the written request of the Contractor and shall be approv
writing by the surety on the Performance Bond and by the surety on the Payment Bond.
approval of the surety shall be submitted to the Engineer; the signature of the person executin
approval for the surety shall be properly acknowledged and the power of attorney authorizin!
to give such consent must either accompany the document or be on file with the Agency.
9-3.2 Partial and Final Payment. After final inspectic
Engineer will make a Final Payment Estimate and process a corresponding payment. This es
will be in writing and shall be for the total amount owed the Contractor as determined I
Engineer and shall be itemized by the contract bid item and change order item with quantitic
payment amounts and shall show all deductions made or to be made for prior payment
amounts to be deducted under provisions of the contract. All prior estimates and progress pay
shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to
written statement disputing any bid item or change order item quantity or payment amount
Contractor shall provide all documentation at the time of submitting the statement support
position. Should the Contractor fail to submit the statement and supporting documentation
the time specified, the Contractor acknowledges that full and final payment has been made
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned tirr
Engineer will review the disputed item within 30 calendar days and make any apprc
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascerti
basis and amount of said claims. The Engineer will consider and determine the Contractor’s
and it will be the responsibility of the Contractor to furnish within a reasonable time such
information and details as may be required by the Engineer to determine the facts or conk
involved in its claims. Failure to submit such information and details will be sufficient cat
denying the claims.
0
Add paragraph 6 et seq. as follows: 0
0
ern p,s 2/26/97 Contract No. 34521 Page 57 of 63Pages
9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted t
Agency within 30 calendar days of receipt of Final Payment for all claims for the entire projec'
claim will be considered that was not included in this written statement, nor will any claim be all
for which written notice or protest is required under any provision of this contract including sec
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 v1
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has compliec
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascerta
basis and amount of said claims. The Engineer will consider and determine the Contractor's c
and it will be the responsibility of the Contractor to furnish within a reasonable time such fi
information and details as may be required by the Engineer to determine the facts or contei
involved in its claims. Failure to submit such information and details will be sufficient cau!
denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written statem
further information, whichever is longer, for those claims approved by the Engineer. The Cont
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those (
remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
into the work (will not) be included in the progress estimate.
0
The cost of materials and equipment delivered but not incorpc
e
e
4- tl# 2/26/97 Contract No. 34521 Page 58 of 63Pages
TECHNICAL SPECIFICATIONS FOR
PIPELINE SYSTEM REHABILTATION
OF EXISTING VITRIFIED CLAY PIPE
IN WASHINGTON STREET
e
Part 1 -General
1.01 Description
A. Statement of Work
The work to be performed under this contract shall consist of furnishing all
equipment, and materials for rehabilitation of approximately two thousand se
feet (2070’) of ten inch (IO”) and two hundred seventy feet (270’) of twelve inch
vitrified clay pipe (VCP). The method to rehabilitate these sections shall coni
inserting a preheated, folded polyvinyl chloride (PVC) pipe inside the VCP,
progressively heating, unfolding and expanding the new pipe against the inside 1
VCP pipe or using a cure in place method. The new installation will cover tk
length described, be homogenous, continuous and a tight fitting pipe within a
Four out of five phases will be done during the night to avoid conflicts with e>(
businesses.
B. Responsibilities
The contractor shall be fully responsible for following the bypass plan and pro
plugs during construction of the ten inch (IO”) line and for the twelve inch (12”)
Sheet 2 on the drawings shows the bypass plan. Any proposed changes 1
bypass plan shall be approved by the Carlsbad Municipal Water District Eng
herein referred to as Engineer.
The Contractor shall begin construction on a Monday. The Contractor shall z
follow the manufacturer’s recommendations on curing time and installation.
The Contractor shall be responsible for all related water and electrical power
that occur during construction.
The Contractor shall be responsible for traffic control during construction. Folk
traffic control plan shown on sheets 3, 4, and 5 of the plans. Any proposed chan!
the traffic control plan shall be approved by the Engineer.
C. References
Standard Specifications for Public Works Construction (SSPWC), Section 500 Pi
System Rehabilitation. The following SSPWC sections shall apply to specific
lining methods:
e
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em p,s 2/26/97 Contract No. 34521 Page 59 of 63 Pages
Trade Name SSPWC Section Process
AM-Liner Folded and Reformed PVC Pipe Liner
I nsituform 500-1.4 Cured in Place Pipe Liner
NuPipe Folded and Reformed PVC Pipe Liner
U-Liner 500-1.7 Deformed/Reformed HDPE Pipe Liner
The physical properties of any of the above proposed products shall conform wit
minimum physical strengths specified in Table 500-1.4.2 (A) of the SSPWC.
500-1 .I 0 Type B
500-1 .I 0 Type A
a
1.02 Environmental Conditions
The sliplining system shall be capable of holding up in a wastewater environmen
ambient air temperatures ranging from twenty (20) to one hundred (100) degree:
wastewater temperatures ranging from fifty (50) to seventy five (75) de!
Fahrenheit.
1.03 Quality Assurance
The Contractor’s employees applying the sliplining system shall have a certific
from the system manufacturer stating that they are qualified to instal
manufacturer‘s product and have a minimum of ten (IO) applications using the
manufacturer’s product. Provide ten (1 0) references for the previous jobs comple
@ 1.04 Submittals
A. Submit manufacturer‘s data sheets and recommendations for the follc
information:
1. Performance requirements and ASTM test procedures.
2. Standard dimension ratio (SDR).
3. Recommended storage and handling.
4. Recommended cleaning and inspection. Include equipment to be USE
cleaning and television inspection.
5. Application instructions including recommended equipment and tempe
limitations.
6. Curing requirements and instructions.
7. Color.
B. Deviations from the traffic control plan.
C. Deviations from the bypass plan.
D. Plug and air release plan.
Part 2-Products
2.01 Slipliner
The slipliner material shall be made from unplasticized PVC compounds conforrr
SSPWC 207-17, having a cell classification of 12344-B or 12454-By as defir
e
*m ts 2/26/97 Contract No. 34521 Page 60 of 63 Pages
ASTM D 1784. Additives and fillers, including, but not limited to stabilizers,
oxidants, lubricants, and colorants, shall not exceed 10 parts per 100 by weigt
PVC resin in the compound. The material shall be NuPipe as manufacture
lnsituform Technologies, a cured in placed vinyl resin impregnated felt by lnsiti
Technologies or approved equal. The standard dimension ratio (SDR) shall be
five (35) corresponding to a minimum wall thickness of 0.285” and 0.342” for thc
and 12” pipelines, respectively. Cured in place pipe lining systems shall use a fi
percent (1 5%) extra thickness to compensate for resin migrationkeal factor
joints, cracked or deteriorated pipe.
a
Part 3-Execution
3.01 Pre-Installation and Installation
It is the intent of the Carlsbad Municipal Water District not to excavate any porti
any street during this sliplining operation. Therefore the Contractor will not be all
to perform any excavations during this construction unless an emergency sit\
arises due to an unforeseen circumstance.
A Prior to installation, the pipe coils shall be checked by the inspector using AS
2122-90 to verify compliance with the minimum wall thickness specified in
500-1 .I .I .a of the SSPWC.
B. Contractor shall field verify all diameters and lengths of pipeline to be sliplinec @ to any fabrication or ordering of materials.
C. Contractor shall perform sliplining in strict accordance with the manufact
written instructions and recommendations.
D. During installation of the sliplining system in the ten inch (1 0”) and twelve inct
line, follow the bypass plan on sheet 2. Plugs shall be rated for a minim
thirty (30) psi. Provide one (1) spare 8” and IO” plug at all times (
construction. A means to release air from the plugs from grade level sh
provided and be acceptable to the Engineer. Submit plug and air release F
Engineer for approval.
E. The Contractor shall be responsible for bypassing wastewater durin
construction. Follow the bypass plan as shown on sheet 2 of the plans. St
bypass pumps shall be provided at all bypassing locations in the bypass pk
be included in the bid price.
F. After installation of the sliplining system, the liner shall be cut off in the i
holes. The cuts shall be smooth and parallel with the access hole wall.
finished lining system shall not protrude over two inches (2”) into the acces
unless the access hole has been lined through. Then the liner pipe may be
even with the top of the shelf leaving the channel lined.
3.02 Cleaning and Preliminary Television Inspection
a
*w %# 2/26/97 Contract No. 34521 Page 61 of 63Pages
A. Prior to application of the sliplining system, the full length of the pipeline
sliplined shall be cleaned by a hydraullically propelled jet rodder or an appi
method as stated in SSPWC Section 500-1 .I .4.
B. After cleaning, the pipeline shall be televised using closed circuit television (C
to verify that the sliplining system can be installed in accordance wit1
manufacturer's recommendations. The CCTV inspection shall be perform
accordance with SSPWC Section 500-1.1.5. The Contractor shall use a (
camera with a pivoting head and be capable of looking into all lateral connec
to determine if the laterals or activated or deactivated. All deactivated laterals
be noted on the television inspection report and shall not be cut out aft€
sliplining system has been installed.
a
C. The Contractor shall televise the pipeline during low flow periods between
a.m. until 3:OO p.m. Documentation shall consist of a color, VHS-format videc
log sheets, and a written report detailing the pre-sliplining condition of the piF
Include in the report the time and date of the inspection, street name, ups
and downstream access hole, direction of view and flow, surface material, pi1
length, individual section lengths from centerline of accesshole to accesshole
size and material, lateral connections, video tape number, counter number,
detailed logging of defects encountered. The information listed shall be provic
the CMWD Engineer as part of the contract. -
3.03 Post-Lining Television Inspection e
A. A post-lining video inspection shall be provided and follow Section
Preliminary Television Inspection format and time. For a cured in place
method, the camera shall stop at each lateral and the head rotated to look I
lateral to verify that the resin has not run up the lateral and combinec
protrusions to plug the lateral.
B. If the cured in place pipe liner is found to have any roughness related to 1
folds that may affect the hydraulic conditions, they shall be removed by sand
trimming to the satisfaction of the Engineer.
3.04. Pipeline Point Repair
If a pipeline point repair is discovered in the pre-inspection CCTV, it will con
extra work when approved by the Engineer. The work shall include verifying lo
of the point repair, locating all interfering utilities, excavation, pipe repa
replacement, backfilling, surface restoration, temporary flow bypassing,
dewatering, and traffic control.
3.05. Identifying Existing Connections and Providing Written Notification
A. The Contractor shall be responsible for locating all service connection
cleanouts. The Contractor shall provide three (3) written notices, or
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*- r,# 2/26/97 Contract No. 34521 Page 62 of 63Pages
preliminary, one (1) final notice to all affected local users and one (I) door kn
notice. Local users will be defined as those who have a direct lateral connc
to the pipeline being rehabilitated and that need temporary disconnectii
accomplish the work defined on the plans and in the specifications.
preliminary notice shall be sent out a minimum of two (2) weeks pri
construction and inform the users of dates for the construction, and the final I
shall be sent out one (1) week prior to construction and include dates fc
construction and the type of interim sewer service that will be provided. The
knockers shall be put out on all Washington Street frontage properties o
Thursday prior to the Monday start date. Include a name, number, and c(
person at the Contractor's office as well as a brief explanation of the type an(
of construction.
I)
B. The Contractor shall provide temporary sewering facilities via means of PO
toilets where necessary. The Contractor shall include a minimum of 3 PO
toilets in their bids for each of the five (5) phases of construction.
3.06. Service Connections
A. Service connections shall be reestablished to all users within four (4) hour:
the sliplining system has been installed. When the service connecti
reestablished the lateral inverts shall match the bottom of the reinstated ope
The total opening shall be a minimum of ninety five percent (95%) to a maxim
one hundred five percent (105%) of the original service connection. e
B. The Contractor shall use a remote control device to reestablish s
connections, and have a fully operational backup device on site. If the s
opening is not able to be reestablished using the remote control devicc
Contractor shall immediately notify the Engineer within two (2) hours for apprc
excavate. In the event this occurs, the Contractor shall excavate and ope
service connection at no cost to the Carlsbad Municipal Water District.
C. All final lateral cuts shall be finished off with a wire brush to remove chip
rough edges to provide a smooth opening.
3.07 Sewage Spill
In the event of a sewage spill, the Contractor shall be fully responsible to:
A. Take all necessary action to immediately stop the spill.
8. Repair the line(s).
C. Clean up the area as required by the County Health Department, Ca
D. Be responsible and liable for any claim against the CMWD due to a sewage s
Municipal Water District and the Regional Water Quality Control Board. e
4- p,s 2/26/97 Contract No. 34521 Pace 63 of 63Paces
+ "g%af-g f";;=+ $3 .v= s-3, d,\P-$$=J=-\ J 3 2- :7-*2 s j/D pa& i! L?L.
I$! jL -s* 3-5 cm L e,, m
-- pj&R 31 3 -J-q*yf=J -J--J-:3, Recording requested by:
CITY OF CARLSBAD gFfiClfll RECORDS
br;;rb@y J, $@f& ~I-jIJp.!~ y $.;kgLI$:DER
When recorded mail to: FEES:: ,.rJ -
5g.j DIEGO CgjjTy WEC&'DER ' 5 fiFfICE .-.!y--.. I -,I* rr--
r; fir,
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Space above this line for Record6
MOTICE OF COFAP!-ETION
Notice is hereby given that:
q.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on February 19, 1998.
6. The name of the contractor, if any, for such work of improvement is Sancon Engineering 11, Inc.
7. The property on which said work of improvement was completed is in the City of Carlsbad, County
Diego, State of California, and is described as the Rehabilitation of the Washington Street 10 i
inch Gravity Sewer Pipeline, Contract No. 34521, CMWD Project No. 97-1 03.
8. The address of said property is within the limits of the City of Carlsbad.
The un&;sigi-,ed is ~.,$ji-,cr of ihs ;i-,tei-& Gr es'ate sjaied kZiGVV. iii ihG p-GpErty. ;-,Ersiiizffsr descriy2<
VERIFICATION OF CITY CLERK
I. the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008;
Council of said City on MARC/+ 2Y'L
ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on /'?# rc Cl 2 Sa
, 1998, accepted the above described work as comple
, 1998, at Carlsbad, California.
CITY OF CARLSBAD
-
Exhibi.