HomeMy WebLinkAboutSancon Engineering Inc; 1997-05-19; 34511CITY OF CARLSBAD
AND WHEN RECORDED,
PLEASE MAIL TO
Secretary
Carlsbad Municipal Water District
1200 Carlsbad Village Drive
Carlsbad, California 92008
Please record this document at no fee as it is to the benefit of the District (Gov. Code [6103]).
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CARLSBAD MUNICIPAL WATER DISTRICT
San Diego County
California
OPEN MARKET
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
CONSTRUCTION OF WOODSTOCK PUMP STATION
WET WELL REHABILITATION 0
CMWD PROJECT NO. 97-104
CONTRACT NO. 3451 1
CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD, CALIFORNIA 92008
(760) 438-3367
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INFORMATION FOR CONTRACTOR
A. TO OBTAIN A COPY OF CURRENT PLAN HOLDERS LIST:
a
PHONE (760) 438-3367 EXT. 128
B. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS:
ASSOCIATE ENGINEER
PHONE (760) 438-3367 EXT. 123
DISTRICT ENGl N EER
PHONE (760) 438-3367 EXT. 128
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TABLE OF CONTENTS @Iter3 Paq
NOTICE INVITING BIDS ....................................................................................................... 1
CONTRACTOR'S PROPOSAL .............................................................................................. 4
DESIGNATION OF SUBCONTRACTORS ............................................................................. 9
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY ............................................... 11
BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ............................. 12
BIDDERS CERTIFICATE OF INSURANCE ......................................................................... 13
BIDDERS STATEMENT RE: DEBARMENT ......................................................................... 14
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID ...................................................................... 17
CONTRACT -- PUBLIC WORKS .......................................................................................... 18
REPRESENTATION AND CERTIFICATION ........................................................................ 24
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION ............................................................................. 25
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SPECIAL PROVISIONS
I . SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION ....................................................................... 28
TECHNICAL SPECIFICATIONS
PART 1 - GENERAL ............................................................................................................. 59
PART 2 - PRODUCTS .......................................................................................................... 60
PART 3 - EXECUTION ......................................................................................................... 60
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41819
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CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsba
Village Drive, Carlsbad, California 92008-1989, until 500 P.M. on the day (
a
N/A
, 19 , for performing the work as follows:
CONSTRUCTION OF WOODSTOCK PUMP STATION
WETWELL REHABILITATION
CMWD PROJECT NO. 97-104
OPEN MARKET CONTRACT NO. 3451 I
The work shall be performed in strict conformity with the specifications on file with tt-
Department. The specifications for the work include tl-
Standard Soecifications of Public Works Construction, 1997 Edition, hereafter designate
"SSPWC" as issued by the Southern California Chapter of the American Public WorE
Association and as amended by the special provisions sections of this contract, and Carlsba
MuniciDal Water District Standard Plans and Specifications, May 1993 or as amended
Reference is hereby made to the specifications for full particulars and description of the work.
The Carlsbad Municipal Water District encourages the participation of minority and wornei
owned businesses.
The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturer
fabricators and contractors to utilize recycled and recyclable materials when available ar
where appropriate.
The Carlsbad Municipal Water District may disqualify a contractor or subcontractor fro1
participating in bidding when a contractor or subcontractor has been debarred by anothc
jurisdiction in California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasir
Department.
The documents which must be completed, properly executed, and notarized are:
1. Contractor's Proposal 6. Bidder's Statement of Technical Ability and
2. Non-Collusion Affidavit Experience
3. Designation of Subcontractors 7. Bidder's Statement re: Debarment
Enqineerinq
e
and Amount of Subcontractors 8. Bidder's Disclosure of Discipline Record
Bids 9. The Open Market Contract-Public Works
4. Certificate of Insurance 10. Purchasing Department Representation and
5. Bidder's Statement of Financial Certification
Responsibility 11. Escrow Agreement for Security Deposits (optional)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantitie
are approximate and serve solely as a basis for the comparison of bids. The District'
Estimate is $ 9,000
No bid shall be accepted from a contractor who is not licensed in accordance with thi
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provisions of California state law. The contractor shall state their license number, expiratior
date and classification in the proposal, under penalty of perjury. The following classification5
are acceptable for this contract: Class A
in accordance with the provisions of state law.
A City of Carlsbad Business License is required for all contractors and sub contractors.
If the Contractor intends to utilize the escrow agreement included in the contract documents ir
lieu of the usual 10% retention from each payment, these documents must be completed an(
submitted with the signed contract. The escrow agreement may not be substituted at a late
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasin!
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundablt
fee of $ 20.00 per set. If plans and specifications are to be mailed, the cost fo
postage should be added.
The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waivt
any minor irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute tht
Contract shall be those as determined by the Director of Industrial Relations pursuant to tht
Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Lab0
Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. Thc
Contractor to whom the Contract is awarded shall not pay less than the said specifiec
prevailing rates of wages to all workers employed by him or her in the execution of thc
Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of Sectioi
1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Sublettin!
and Subcontracting Fair Practices Act." The District Engineer is the District's "duly authorizec
officer" for the purposes of Section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 sha
apply to the Contract for work.
A pre-bid meeting and tour of the project site will XX , will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicatec
in this proposal, times the unit price as submitted by the bidder. In case of a discrepanc
between words and figures, the words shall prevail. In case of an error in the extension of i
unit price, the corrected extension shall be calculated and the bids will be computed a
indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typec
or written in with ink and must be initialed in ink by a person authorized to sign for thc
Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior ti
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection c
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o bid.
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Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Ke)
Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business o
insurance in the State of California by the Insurance Commissioner. Auto policies offered tc
meet the specification of this contract must: (I) meet the conditions stated above for al
insurance companies and (2) cover anv vehicle used in the performance of the contract, usec
onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non
scheduled. The auto insurance certificate must state the coverage is for "any auto" an(
cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a cornpan!
meeting the above standards with the exception that the Best's rating condition is waived. Tht
District does accept policies issued by the State Compensation Fund meeting the requiremen
for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. An! additional cost of said insurance shall be included in the bid price.
The award of the contract is contingent upon the Contractor submitting the required insurancc
as described in the contract, within twenty days. If the contractor fails to comply with thesc
requirements, the District may award the contract to the second or third lowest bidder and thc
bid security may be forfeited.
The prime contractor and subcontractors are required to have and maintain a valid City c
Carlsbad Business License for the duration of the contract.
BY SUBMITTING A BID YOU ARE INDICATING THAT YOU ARE CAPABLE OF- AND WILLING
TO OBTAIN INSURANCE THAT MEETS THESE REQUIREMENTS. WORK ON THIS PROJECT WILL NOT BEGIN UNTIL THE SUCCESSFUL BIDDER HAS SUBMITTED PROOF THAT THE PROPER INSURANCE HAS BEEN OBTAINED. PROOF OF PROPER INSURANCE MUST BE RECEIVED BY THE DISTRICT WITHIN 20 BUSINESS DAYS OF NOTIFICATION OF AWARD, OR AWARD MAY BE WITHDRAWN.
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CARLSBAD MUNICIPAL WATER DISTRICT
OPEN MARKET
CONTRACT NO. 3451 1
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CONTRACTOR'S PROPOSAL
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read tht
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish a1
labor, materials, equipment, transportation, and services required to do all the work tc
complete Open Market Contract No. 3451 I in accordance with the Plans an(
Specifications of the Carlsbad Municipal Water District and the Special Provisions and tha
he/she will take in full payment therefor the following unit prices for each item complete, to wit:
CONSTRUCTION OF WOODSTOCK PUMP STATION
WETWELL REHABILITATION
CMWD PROJECT NO. 97-104
Approximate
Item Quantity Unit No. and Unit Description Price Tots 0
1 L.S. Remove existing coating, =t,gc?c prepare interior surfaces,
apply 5 mil primer and 125
mil finish coat of Sancan 100
polyurethane
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Approximate
Item Quantity Unit No. Description and Unit Price Tots 0
e
Total amount of bid in words: %,xi~ TMOYSA Ab 5 Lb t4T- 1% JdD&%3a 13 &l.s%*
Total amount of bid in numbers: $ 3 l 89O-00
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). N/A hadhave been received and idar
included in this proposal.
The Undersigned has checked carefully all of the above figures and understands that th
District will not be responsible for any error or omission on the part of the Undersigned i
preparing this bid.
hPES
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The Undersigned agrees that in case of default in executing the required Contract wit1
necessary [ ] Bonds [applicable only if checked] and insurance polices within twenty (20) day:
from the date of award of contract by the District the District may, administratively authorizc
the award of the contract to the second or third lowest bidder.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed tc
do business or act in the capacity of a contractor within the State of California, validly licensec
under license number c\b\ 833 , classification fi whict
expires on 8l3\\cl& , and that this statement is true and correc
and has the legal effect of an affidavit.
A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant tc
the Business and Professions Code shall be considered nonresponsive and shall be rejected
by the City. ' 7028.15(e). In all contracts where federal funds are involved, no bid submitted
shall be invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code ' 201 04.
The Undersigned bidder hereby represents as follows:
1. That no Board member, officer agent, or employee of the Carlsbad Municipal Water
District is personally interested, directly or indirectly, in this Contract, or the
compensation to be paid hereunder; that no representation, oral or in writing, of the
Board of Directors, its officers, agents, or employees has inducted him/her to entei
into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
That this bid is made without connection with any person, firm, or corporation
making a bid for the same work, and is in all respects fair and without collusion or
fraud.
2. 0
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and agrees to comply with such
provisions before commencing the performance of the work of this Contract and continue to
comply until the contract is complete.
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2
relative to the general prevailing rate of wages for each craft or type of worker needed tc
execute the Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
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(I) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be
made by a general partner)
(3) Place of Business
(Street and Number)
m
City and State
(4) Zip Code Telephone No.
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t CALBFORNIA ALL-PURPOSE ACKNOWLEDGMENT
California
before me, Peqqy E. Scanlon, Notary Public
Name and Ttle of Officer (e g , "Jane Doe, Notary Public")
personally appeared Nick DiBenedetto I
E4 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(& is/wg subscribed to the within instrumeni
and acknowledged to me that he/sfo&hey executed the
same in his/her/their authorized capacity(i@, and that by
his/- signature(s) on the instrument the person(s),
or the entity upon behalf of which the person($ acted
executed the instrument.
WITNESS my hand and official seal.
Narne(s) of Signer(s)
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer
Partner - Limited General 0 Partner - 0 Limited 0 General
0 Corporate Officer
Title(s):
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
8 1994 National Notaly Association * 8236 Rernmet Ave , PO Box 7184 * Canoga Pa&, CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-80
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted ~vW3Cot-L c, w~%.[Lc~~? , ZCd 0
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(2)/,/ - &/dm /--
Signature
?-2%3 LDN
Title
Impress Corporate Seal het
(3) Incorporated under the laws of the State of P/F)L1 *Ed\ Pr
(4) Place of Business SEN \ Zd (ol~fsip >E,
(Street and Number)
City and State AiJdT\r3bT03 %5.&L~, ci4-
(5) Zip Code olab '4 ? Telephone No. b-lq) 8C; L - 23 23
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if i
corporation; if a partnership, list names of all general partners, and managing partners:
-3k.5 ,.yGr-- %TI--
VLC% -3RriS LDWiY- WL%. m5Pswi+-
sc;CU?%TGk(Lq, -bu5WLlw '3;lhrF-Lb cc'tro
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DESIGNATION OF SUBCONTRACTORS 0 (To Accompany Proposal)
The Contractor certifies he/she has used the sub-bids of the following listed Contractors ii
making up hidher bid and that the sub-contractors listed will be used for the work for whicl
they bid, subject to the approval of the District Engineer, and in accordance with applicablc
provisions of the specifications and Section 4100 et seq. of the Public Contracts Code -
"Subletting and Subcontracting Fair Practices Act." No changes may be made in thesi
subcontractors except upon the prior approval of the District Engineer of the Carlsbac
Municipal Water District. The following information is required for each sub-contractor.
Additional pages can be attached if required:
This project does does not XX have bid items designated as "SPECIALTY ITEMS."
Items of Complete Address Phone No.
Work Full ComDany Name with ZiD Code ti Area Code
,o?w/
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AMOUNT OF SUBCONTRACTORS' BIDS 0 (To Accompany Proposal)
The bidder is to provide the following information on the subbids of all the listed subcontractor:
as part of the sealed bid submission. Additional pages can be attached, if required.
Type of State
Contracting Carlsbad Business Amount of Bid
Full Comoanv Name License & No. License No.* I$ or %I
0 /
* Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must bc obtained prior to submission of signed Contracts.
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY e (To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or balance sheets may bt
submitted under separate cover marked "CONFIDENTIAL."
CAN[-// flv:#//e//c ./x /3/%fl,*WJdd
A XfQ L'A72 Gaw& Y /e /+/J
6 ~44r7fi /--s /J//&c?G4
</2kY /&,- J?pf 2+ &xzc7;^ - &A--- 5L,d,65.-*w.-
Ey/d+Le/G c
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BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 0 (To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the proposed Contract helshe has successfully performed and give references, with telephonc numbers, which will enable the District to judge hidher responsibility, experience and skill. Ar
attachment can be used.
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BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS'
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
As a required part of the Bidder's proposal the Bidder must attach either of the following to th
page-
Certificates of insurance showing conformance with the requirements herein for:
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Comprehensive General Liability
Employer's Liability
Automobile Liability
Workers Compensation
Statement with an insurance carrier's notarized signature stating that the carrier can, and upc
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insuranc
for Comprehensive General Liability, Employer's Liability, Automobile Liability and Workei
Compensation in conformance with the requirements herein and Certificates of insurance to tt-
Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policic
offered to meet the specification of this contract a must: (1) meet the conditions stated in Tt-
Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Speci
Provisions for this project for each insurance company that the Contractor proposes, and (:
cover anv vehicle used in the performance of the contract, used onsite or offsite, whethc
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insuranc
certificate must state the coverage is for "any auto" and cannot be limited in any manner. 0
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BIDDERS STATEMENT RE: DEBARMENT 0 (To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder t:
another jurisdiction in the State of California? x Yes no
2. If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) (
debarment(s)? Attach additional copies of this page to accommodate more than tw
debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
e
BY CONTRACTOR:
$F)U 6~GtJzLC\db xdc
(name of Contractor)
3
BY y/&// ~ /p/>7 -- 8 4
(sign here)
h)\c/r biibGJSb CLhO / Pfl€S,V%rJT (print na me/ti tle)
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BIDDERS DISCLOSURE OF DISCIPLINE RECORD 0 (To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State Li
Board which has jurisdiction to investigate complaints against contractors if a complaint regarl
patent act or omission is filed within four years of the date of the alleged violation. A con
regarding a latent act or omission pertaining to structural defects must be filed within 10 years
date of the alleged violation. Any questions concerning a contractor may be referred t
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 Cali
Contractors’ State license Board two or more times within an eight year period?
x Yes no
2. Has the suspension or revocation of your contractors license ever been stayed?
x Yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever had
contractor’s license suspended or revoked by the California Contractors’ State license Board t
more times within an eight year period?
x Yes no 0
4. Has the suspension or revocation of the license of any subcontractor’s that you propo
perform any portion of the Work ever been stayed?
Yes -28-
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 (
violation and the disciplinary action taken therefor.
* (Attach additional sheets if necessary)
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BIDDERS DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED) e (To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the
who's discipline was stayed, the date of the violation that the disciplinary action pertai
describe the nature of the violation and the condition (if any) upon which the disciplinary
was stayed.
(Attach additional sheets if necessary)
BY CONTRACTOR:
5PdcPd &mLd€S&db , -TI4 c (name of Contractor)
0
By: yy2dP/ 1 i &.
(sign here)
Q\C& v, B$&-h'Cm / %%sa b5d7
(print namehitle)
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
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BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California 1
.&> , being first duly sworn, deposes (Name of Bidder)
and says that he or she is ??Gd&Q+
of
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of
undisclosed person, partnership, company, association, organization, or corporation; that the I
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or soli
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, consr
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sougt
agreement, communication, or conference with anyone to fix the bid price of the bidder 01
other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any I
bidder, or to secure any advantage against the public body awarding the contract of an!
interested in the proposed contract; that all statements contained in the bid are true; and, fur
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakc
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and wil
pay, any fee to any corporation, partnership, company association, organization, bid depositor
to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the fore oing is true and correct and that this affidavit
executed on the !q+h day>b>> ,187 .
Signature of Bidder
Subscribed and sworn to before me on the / sf -las day of !ncf- , 1997
@
f7 ,z4/ - p-2 d
(NOTARY SEAL)
Comm. Expires JU. 2- 1
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OPEN MARKET CONTRACT-- PUBLIC WORKS
This agreement is made this day of , 19 , by and bet the Carlsbad Municipal Water District, Carlsbad, California, a municipal corporation, (hereir
called "District"), and whose prir
place of business is (hereir
called "Contractor".)
District and Contractor agree as follows:
1.
0
Description of Work. Contractor shall perform all work specified in the Open Market Coi
documents for:
CONSTRUCTION OF WOODSTOCK PUMP STATION
WETWELL REHABILITATION
CONTRACT NO. 3451 1
CMWD PROJECT NO. 97-104
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, 1
equipment, and personnel to perform the work specified by the Open Market Cor
Documents.
Open Market Contract Documents. The Open Market Contract Documents consist o
Contract, Notice Inviting Bids, Contractor's Proposal, Designation of Subcontractors, Bid
Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Es
Agreement, the Plans and Specifications, the Special Provisions, and all proper amendn
and changes made thereto in accordance with this Contract or the Plans and Specifical
and all bonds for the project; all of which are incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the
as indicated, specified, and implied by the Open Market Contract Documents. Any iter
work not indicated or specified, but which are essential to the completion of the work, sh;
provided at the Contractor's expense to fulfill the intent of said documents. In all insta
through the life of the Contract, the District will be the interpreter of the intent of the (
Market Contract Documents, and the District's decision relative to said intent will be fina
binding. Failure of the Contractor to apprise subcontractors and materials suppliers of
condition of the Contract will not relieve responsibility of compliance.
Pavment. For all compensation for Contractor's performance of work under this Cor
District shall make payment to the Contractor per section 9-3 PAYMENT of the Sta
Specifications for Public Works Construction (SSPWC) 1994 Edition, and the 1995 and
supplements thereto, hereinafter designated "SSPWC", as issued by the Southern Cali
Chapter of the American Public Works Association, and as amended by the Special Prov
section of this contract. The project manager will close the estimate of work completc
progress payments on the last working day of each month.
IndeDendent Investiqation. Contractor has made an independent investigation of the jot:
the soil conditions at the jobsite, and all other conditions that might affect the progress o
work, and is aware of those conditions. The Contract price includes payment for all work
may be done by Contractor, whether anticipated or not, in order to overcome undergrc
conditions. Any information that may have been furnished to Contractor by District a
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3.
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4.
5.
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underground conditions or other job conditions is for Contractor's convenience only,
District does not warrant that the conditions are as thus indicated. Contractor is satisfied
all job conditions, including underground conditions and has not relied on information furni
by District.
Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenct-
other excavations that extend deeper than four feet below the surface Contractor
promptly, and before the following conditions are disturbed, notify District, in writing, of an
A. Hazardous Waste. Material that Contractor believes may be material that is haza
waste, as defined in section 25117 of the Health and Safety Code, that is required
removed to a Class I, Class II, or Class Ill disposal site in accordance with provisic
existing law.
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6.
B. Differins Conditions. Subsurface or latent physical conditions at the site differing from
C. Unknown Phvsical Conditions. Unknown physical conditions at the site of any un
nature, different materially from those ordinarily encountered and generally recogniz
inherent in work of the character provided for in the contract.
District shall promptly investigate the conditions, and if it finds that the conditior
materially so differ, or do involve hazardous waste, and cause a decrease or increi
contractor's costs of, or the time required for, performance of any part of the work
issue a change order under the procedures described in this contract.
In the event that a dispute arises between District and Contractor whether the conc
materially differ, or involve hazardous waste, or cause a decrease or increase i
contractor's cost of, or time required for, performance of any part of the work, cont
shall not be excused from any scheduled completion date provided for by the contrac
shall proceed with all work to be performed under the contract. Contractor shall retai
and all rights provided either by contract or by law which pertain to the resoluti
disputes and protests between the contracting parties.
indicated.
0
7. lmmisration Reform and Control Act. Contractor certifies he is aware of the requiremen
the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and
complied and will comply with these requirements, including, but not limited to, verifyin!
eligibility for employment of all agents, employees, subcontractors, and consultants thal
included in this Contract.
Prevailinq Waqe. Pursuant to the California Labor Code, the director of the Departmei
Industrial Relations has determined the general prevailing rate of per diem wage
accordance with California Labor Code, Section 1773 and a copy of a schedule of said ger
prevailing wage rates is on file in the office of the City Engineer, and is incorporate(
reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall
prevailing wages. Contractor shall post copies of all applicable prevailing wages on the
site.
Indemnification. Contractor shall assume the defense of, pay all expenses of defense,
indemnify and hold harmless the District and the City of Carlsbad, and their officers
employees, from all claims, loss, damage, injury and liability of every kind, nature
description, directly or indirectly arising from or in connection with the performance 01
Contract or work; or from any failure or alleged failure of Contractor to comply with
-19- 4
8.
9. e
L I
applicable law, rules or regulations including those relating to safety and health; and fror
and all claims, loss, damages, injury and liability, howsoever the same may be ca
resulting directly or indirectly from the nature of the work covered by the Contract, exce loss or damage caused by the sole or active negligence or willful misconduct of the Disti
City. The expenses of defense include all costs and expenses including attorneys fee
litigation, arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the District and the City of Carlsbad again5
challenges to the award of the contract to Contractor, and Contractor will pay all (
including defense costs for the District and the City. Defense costs include the cc
separate counsel for District or City, if District or City requests separate counsel.
0
IO. Insurance. Contractor shall procure and maintain for the duration of the contract insur
against claims for injuries to persons or damage to property which may arise from
connection with the performance of the work hereunder by the Contractor, his ag
representatives, employees or subcontractors. Said insurance shall meet the District's I
for insurance as stated in Resolution No. 772.
(A) COVERAGES AND LIMIT--: Contractor shall maintain the types of coverages
minimum limits indicted herein:
1. ComDrehensive General Liability Insurance:
$1,000,000 qombined single limit per occurrence for bodily injury and pro
damage. If the policy has an aggregate limit, a separate aggregate in the amc
specified shall be established for the risks for which the District or its agents, of
or employees are additional insureds.
$1,000,000~ombined single limit per accident for bodily injury and property dam;
In addition, the auto policy must cover anv vehicle used in the performance o
contract, used onsite or offsite, whether owned, non-owned or hired, and whc
scheduled or non-scheduled. The auto insurance certificate must state the COVE
is for "any auto" and cannot be limited in any manner.
3. Workers' Compensation and Employers' Liabilitv Insurance:
Workers' compensation limits as required by th3 Labor Code of the State of Calif
and Employers' Liability limits of $1,000,000 per incident. Workers' compens
offered by the State Compensation Insurance Fund is acceptable to the District.
2. Automobile Liability Insurance: e
(6) ADDITIONAL PROVISIONS-- Contractor shall ensure that the policies of insur
required under this agreement contain, or are endorsed to contain, the folk
provisions. General Liability and Automobile Liability Coverages:
I. The District and the City of Carlsbad, its officials, employees and volunteers are t
covered as additional insureds as respects: liability arising out of activities perfor
by or on behalf of the Contractor; products and completed operations of
contractor; premises owned, leased, hired or borrowed by the contractor.
coverage shall contain no special limitations on the scope of protection afforded tc
District or City, their officials, employees or volunteers.
2. The Contractor's insurance coverage shall be primary insurance as respects
District and City, its officials, employees and volunteers. Any insurance or
insurance maintained by the District and City, their officials, employees or voluni
- 20 - 4
0
shall be in excess of the contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect COVE
provided to the District and City, their officials, employees or volunteers.
4. Coverage shall state that the contractor's insurance shall apply separately to
insured against whom claim is made or suit is brought, except with respect tc
limits of the insurer's liability.
0
(C) "CLAIMS MADE" POLICIES-- If the insurance is provided on a "claims made" t:
coverage shall be maintained for a period of three years following the date of compl
of the work.
(D) NOTICE OF CANCELLATION-- Each insurance policy required by this agreement be endorsed to state that coverage shall not be suspended, voided, canceled, or red
in coverage or limits except after thirty (30) days' prior written notice has been given t
District by certified mail, return receipt requested.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS-- Any deductiblc
self-insured retention levels must be declared to and approved by the District. A
option of the District, either: the insurer shall reduce or eliminate such deductibles or
insured retention levels as respects the District and City, their officials and employee
the contractor shall procure a bond guaranteeing payment of losses and re
investigation, claim administration and defense expenses.
(F) WAIVER OF SUBROGATION-- All policies of insurance required under this agree'
shall contain a waiver of all rights of subrogation the insurer may have or may ac
against the District or City or any of their officials or employees. 0
(G) SUBCONTRACTORS-- Contractor shall include all subcontractors as insured undt
policies or shall furnish separate certificates and endorsements for each subcontrz
Coverages for subcontractors shall be subject to all of the requirements stated herein
(H) ACCEPTABILITY OF INSURERS-- Insurance is to be placed with insurers that ha
rating in Best's Key Rating Guide of at least A-:V, and are authorized to transac
business of insurance by the Insurance Commissioner under the standards specified
the Board of Directors in Resolution No. 772.
(I) VERIFICATION OF COVERAGE-- Contractor shall furnish the District with certificatt insurance and original endorsements affecting coverage required by this clause.
certificates and endorsements for each insurance policy are to be signed by a pe
authorized by that insurer to bind coverage on its behalf. The certificates
endorsements are to be in forms approved by the District and are to be received
approved by the District before work commences.
(J) COST OF INSURANCE-- The Cost of all insurance required under this agreement be included in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolve
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapti
Article 1.5 (commencing with section 201 04) which are incorporated by reference. A col
Article 1.5 is included in the Special Provisions I section. The contractor shall initially subn
claims over $375,000 to the District using the informal dispute resolution process describl
- 21 - 4
a
r
Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions o
section of the contract, all claims shall comply with the Government Tort Claim Act (SE
900 et seq., of the California Government Code) for any claim or cause of action for mon
damages prior to filing any lawsuit for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted
District must be asserted as part of the contract process as set forth in this agreeme
not in anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the Dis
may be 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 kno
submits a false claim to a public entity. These provisions include false claims mad
deliberate ignorance of the false information or in reckless disregard of the truth or
of the information.
(D) Penaltv Recoverv. If the Carlsbad Municipal Water District seeks to recover pei
pursuant to the False Claims Act, it is entitled to recover its litigation costs, inc
attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of i
claim may subject the Contractor to an administrative debarment proceeding where
Contractor may be prevented from further bidding on public contracts for a period oi
five years.
(F) Carlsbad Municioal 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 herc
reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarm
another jurisdiction is grounds for the Carlsbad Municipal Water District to disqual
Contractor or subcontractor from participating in future contract bidding.
0
e
I have read and understand all provisions of Section 11 above.
12. Maintenance of Records. Contractor shall maintain and make available at no cost ti
District, upon request, records in accordance with Sections 1776 and 181 2 of Part 7, Ch
1 , Article 2, of the Labor Code. If the Contractor does not maintain the records at Contra
principal place of business as specified above, Contractor shall so inform the ' Distri
certified letter accompanying the return of this Contract. Contractor shall notify the Distr
certified mail of any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section
of the Labor Code are incorporated herein by reference.
14. Securitv. Securities in the form of cash, cashier's check, or certified check may be substi
for any monies withheld by the District to secure performance of this contract for any oblis
established by this contract. Any other security that is mutually agreed to by the Contr
and the District may be substituted for monies withheld to ensure performance unde
Contract. 0
- 22 - L
15. Provisions Required bv Law Deemed Inserted. Each and every provision of law and c
required by law to be inserted in this Contract shall be deemed to be inserted hereir
included herein, and if, through mistake or otherwise, any such provision is not inserted,
not correctly inserted, then upon application of either party, the Contract shall forthwi
physically amended to make such insertion or correction.
e
16. Additional Provisions. Any additional provisions of this agreement are set forth in the "Gc
Provisions" or "Special Provisions" attached hereto and made a part hereof
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED.
(CORPORATE SEAL)
CONTRACTOR: CARLSBAD M UN IC1 PAL WATER DISTf
a municipal corporation of the Stai
5&&arl E~~,A%%~l.ho, Z+L
(name of Contractor)
BY 7fl/yw-- 2- , rd'
By: zmfl :k;e?d. L]Il . \ 9
(sign he re)
ATTEST:
LLL-dtL 4. #a d\LL '3; (3%~=af=b TO / ?@iS\?-irq--
(print name and title) Secretary
/ 0
-/' (sign here/)
(print nam6 and title) lX!QMNXM&Bd -G=i%@XT%
President or vice-president and secretary or assistant secretary must sign for corporations. If
one officer signs, the corporation must attach a resolution certified by the secretary or assii
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
General Counsel
By:
0
- 23 - 4,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Oranqe
before me, Peqqy E. Scanlon, Notary Public ,
personally appeared Nick ni R-to and nphnrah ni R~nedd-tn I
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 Be/*/they executed the
same in j$&$z4their authorized capacity(ies), and that by
hiim/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Name and Xtle of Officer (e g , "Jane Doe, Notary Public")
Name($ of Signer@)
to persons relying on the document and could prevent
Description of Attached Document
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
Corporate Officer
0 Partner - 0 Limited 0 General
0 Corporate Officer Title(s):
CI Partner - 0 Limited 0 General
0 Attorney-in-Fact
Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Q 1994 National Notary Associa!ion * 8236 Rernmet Ave , PO Box 71 84 * Canoga Park, CA 91 309-71 84 Prod No 5907 Reorder Call Toll-Free
,
CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 0
REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned to City of CarlsbE 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 b CALTRANS? YES
Certification #:
CERTIFICATION OF BUSINESS REPRESENTATION(S):
Mark all applicable blanks. This offeror repres a part of this offer that:
This firm is-, is notKa minority business This firm is-, is not- woman-owned bu
WOMAN-OWNED BUSINESS: A woman busi-ness is a business of which at least 51 pe
owned, controlled and operated by a wor women. Controlled is defined as exercising the to make policy decisions. Operation is defi
actually involved in the day-to-day managemer
FIRM'S PRIMARY PRODUCTS OR SERVICE
J" NO -
DEFINITIONS:
M IN 0 R I TY B U SI N E S S E N TE R P RI S E : " M in o r i t y Business" is defined as a business, at least 51
percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is
owned, operated and controlled by minority group members. The Small Business Administration CONSTRUCTION CONTRACTOR:
defines the socially and economically disadvantaged
Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific LICENSE NUMBER: 4 co
Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea,
Samoa, Guam, the US. 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.
r-v-dKil4-€ ! Pt9r tC'i~VS3iLL7-&T3( 0
(minorities) as Black American, Hispanic American, CLASS IF I CAT1 ON (S ): & c33. c b \,
I833
TAXPAYERS I.D. NO. %- 355 COk?
~~Wdl Ei4@\A%eL%lAb. ZiL CI.c&&.- Th-L.6 COMPANY NAME PRINTED NAME
584 ' Z&CA%%iL bn- 23TL1LI am&
[>~Icr) €33 1-232) 511 4 I h't.
ADDRESS TITLE
bhrdwte& ~ci-~~~l C14 qLbq4 CITY, STATE AND ZIP SIGN ATU RE
TELEPHONE NUMBER DATE e
- 24 -
OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
0
This Escrow Agreement is made and entered into by and between the Carlsbad Municip;
Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafte called "District" and whosc
address is hereinafter callei
"Contractor" and whosi
address is hereinafte
called 'I Escrow Agent .'I
For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree a
follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, th
contractor has the option to deposit securities with the Escrow Agent as a substitute fc
retention earnings required to be withheld by the District pursuant to the Constructio
Contract entered into between the District and Contractor fc
in the amount of date
(hereinafter referred to as the "Contract"
Alternatively, on written request of the contractor, the District shall make payments of th
retention earnings directly to the escrow agent. When the Contractor deposits th
securities as a substitute for Contract earnings, the Escrow Agent shall notify the Distric
within 10 days of the deposit. The market value of the securities at the time of th
substitution shall be a least equal to the cash amount then required to be withheld a
retention under the terms of the contract between the District and Contractor. Securitie
shall be held in the name of the , and shall designal
the Contractor as the beneficial owner.
The District shall make progress payments to the Contractor for such funds whic
otherwise would be withheld from progress payments pursuant to the Contract provision!
provided that the Escrow Agent holds securities in the form and amount specified above.
When the District makes payment of retentions earned directly to the escrow agent, th
escrow agent shall hold them for the benefit of the contractor until such time as tt-
escrow created under this contract is terminated. The contractor may direct tl-
investment of the payments into securities. All terms and conditions of this agreemei
and the rights and responsibilities of the parties shall be equally applicable and bindir
when the District pays the escrow agent directly.
The contractor shall be responsible for paying all fees for the expenses incurred by tt-
Escrow Agent in administering the Escrow Account and all expenses of the District The5
expenses and payment terms shall be determined by the District, Contractor and Escro
Agent.
0
2.
3.
4.
e
- 25 - 4/81
*
5. The interest earned on the securities or the money market accounts held in escrow and al
interest earned on that interest shall be for the sole account of Contractor and shall be
subject to withdrawal by Contractor at any time and from time to time without notice to the
District.
Contractor shall have the right to withdraw all or any part of the principal in the Escro\n
Account only by written notice to Escrow Agent accompanied by written authorization fron
District to the Escrow Agent that District consents to the withdrawal of the amount sough
to be withdrawn by Contractor.
The District shall have a right to draw upon the securities in the event of default by thc
Contractor. Upon seven days' written notice to the Escrow Agent from the District of thc
default, the Escrow Agent shall immediately convert the securities to cash and shal
distribute the cash as instructed by the District.
Upon receipt of written notification from the District certifying that the Contract is final an(
complete and that the Contractor has complied with all requirements and procedure
applicable to the Contract, the Escrow Agent shall release to Contractor all securities an
interest on deposit less escrow fees and charges of the Escrow Account. The escro\
shall be closed immediately upon disbursement of all moneys and securities on depos
and payments of fees and charges.
The Escrow Agent shall rely on the written notifications from the District and the contractc
pursuant to Sections (4) to (6), inclusive, of this agreement and the District and Contractc
shall hold Escrow Agent harmless from Escrow Agent's release, conversion an
disbursement of the securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive writte
notice on behalf of the District and on behalf of Contractor in connection with th
foregoing, and exemplars of their respective signatures are as follows:
0
6.
7.
8.
9.
0
For District: Title
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
0
- 26 - 4/8/
t
At the time the Escrow Account is opened, the District and Contractor shall deliver to thc
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers 01
the date first set forth above.
For District: Title
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
0
0
- 27 - 4/81
P
SPECIAL PROVISIONS
FOR
CONSTRUCTION OF WOODSTOCK PUMP STATION
CONTRACT NO. 3451 1
WETWELL REHABILITATION, CMWD PROJECT NO. 97-104
0
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART I, GENERAL PROVISIONS
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "schec
or words of similar import are used, it shall be understood that reference is made to the
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar imp1
used, it shall be understood that the direction, designation or selection of the Engineer is intt
unless stated otherwise. The word "required" and words of similar import shall be underst
mean "as required to properly complete the work as required and as approved by the Eng
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", an1
words of similar import are used, it shall be understood such words are followed by the expr
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "app
"acceptance", or words of similar import are used, it shall be understood that the ap
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, includi
furnishing and installing of materials that are indicated, specified or required to mean tl
Contractor, at its expense, shall furnish and install the work, complete in place and ready
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, SI
exclusively defined by the definitions assigned to them herein.
Agency - the Carlsbad Municipal Water District, Carlsbad, California.
Board of Directors- the Board of Directors of the Carlsbad Municipal Water District.
Executive Manager - the Executive Manager of the Carlsbad Municipal Water District or
approved representative. 0
- 28 -
1 t
Dispute Board - persons designated by the Executive Manager to hear and advise the Exe
Manager on claims submitted by the Contractor. The Executive Manager is the last appeal lei 0 informal dispute resolution.
Engineer - the District Engineer of the Carlsbad Municipal Water District or hidher app
representative. The District Engineer is the third level of appeal for informal dispute resolution.
Minor Bid item - a single contract item constituting less than 10 percent (10%) of the 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, Statc
Federal income taxes paid and administered, as applicable, by the Contractor. When UI
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 M
operator is not part of the Contractor’s Own Organization and will not be included for the purpl
compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner OperatorILessor - Any person who provides equipment or tools with an operator pr
who is employed by neither the Contractor nor a subcontractor and is neither an agent or em
of the Agency or a public utility.
Principal inspector - The Senior Inspector’s immediate supervisor and second level of app
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 of the Carlsbad Municipal Water District or h
approved representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appc
informal dispute resolution.
0
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 re
the Contractor to complete 50 percent of the contract price with its own organization, the i
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 per
the value of the work performed in excess of 50 percent of the contract price by other tt
Contractor’s own organization. The Board of Directors shall be the sole body for determinati
violation of these provisions. In any proceedings under this section, the prime contractor s
entitled to a public hearing before the Board of Directors and shall be notified ten (IO) (
advance of the time and location of said hearing. The determination of the Board of Direct0
be final.
2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first par
having to do with a surety being listed in the latest revision of U.S. Department of Treasury (
570.
e
- 29 -
, I
Modify Paragraphs three and four to read: The Contractor shall provide a f<
performance/warranty bond and payment bond (labor and materials bond) for this contract.
faithful performance/warranty bond shall be in the amount of 100 percent of the contract pric
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 3C
after recordation of the Notice of completion and will remain in full force and effect for the onc
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 No1
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitte
authorized to transact the business of insurance in California and whose assets exceec
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to conti
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 ins1
0
other instrument entitling or authorizing the person who executed the bond to do so.
commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabili
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 def
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statemei
be verified by the oath of the principal officer or manager residing within the United States.
0
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the St:
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 set of specifications. of Public Works, together with the
Carlsbad Supplemental/Carlsbad Municipal Water District Standard Drawings. Copies of SI
the pertinent standard drawings are enclosed as an appendix to these Special Provisions.
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 appro\
Shop Drawings and that they are in conformance with the requirements of the Contract DOCL
The Contractor shall subscribe to and shall place the following certification on all submittals:
e
- 30 -
I
“I hereby certify that the (equipment, material) shown and marked in this submittal is that pro1
to be incorporated into this Project, is in compliance with the Contract Documents, can be in:
in the allocated spaces, and is submitted for approval.
By: C\..\iK;y- ?wCSo& 7 Title: zs?-,,a‘;wiL
Company Name: SAdco3 5*l.QP&GWAkl1 ZflL
Date: 5/ 19Iq+
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 p~
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and SI
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 iten
no additional payment will be made therefor.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not (
permanent survey monuments or benchmarks without the consent of the Engineer. Whe
Engineer concurs, in writing, with the Contractor that protecting an existing monument in p~
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 lic
land surveyor no later than thirty (30) days after construction at the site of the replacen
completed. The Licensed Land Surveyor shall file corner record(s) as required by §§ 87i
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 w
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
services of a land surveyor licensed in the State of California, hereinafter Surveyor, to perf
work necessary for establishing control, construction staking, records research and a1
surveying work necessary to construct the work, provide surveying services as required hen
provide surveying, drafting and other professional services required to satisfy the requirem
the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operatio
shall personally supervise and certify the surveying work.
Add the following section:
2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sh
the Engineer before commencing work in the area affected by the grade sheets. The Cor
shall submit field notes for all surveying required herein to the Engineer within ten c
performing the survey. All surveying field notes, grade sheets and survey calculations s
submitted in bound form on 81/2’’ by 11” paper. The field notes, calculations and data shall I:
and complete with name of field party chief, field crew members, preparer, date of observ:
calculation, consecutive page numbers and shall be readable without resort to any electroi
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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 Rec
Survey prepared and filed in conformance with §§ 8700 - 8805 of the State of California Bu
and Professions Code showing all SDRS M-IO 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 ap
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 !
intervals as measured along the project stationing unless a lesser interval is specified herein.
sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch points and
crown lines where no median exists. Large slopes shall have line point set to aid in construc
the slope. Rough sub-grade stakes for roadway section shall be set at edge of pavement and
curbs. Finish sub-grade stakes shall be set prior to placing subbase or aggregate base i
roadway section. The stakes shall be set at edge of pavement and top of curbs. Finish SUI
stakes for the aggregate base for the roadway section shall be at 25-foot intervals at el
pavement and top of curbs and crown line where no median exists. Intermediate stakes bc
edge of pavement and top of curb shall be set at 15-foot intervals by the surveyor. Finish agg
subbase and aggregate base grade stakes shall be at 25-foot intervals at top of curb, e
pavement, and all crown lines and grade breaks. Intermediate stakes between edge of pa\
and top of curb shall be set at 15-foot intervals. Storm drain staking shall be done at ;
intervals. Catch basins shall be staked at centerline and each end of the local deprf
Curbskurbs and gutter shall be staked at 25-foot intervals, center line of driveways, and I/
3/4 delta on returns. Fills to finish grade at 25-foot intervals by the paving pass width SI
painted on the pavement prior to placing each lift of asphalt on variable thickness paL
overlays requiring leveling courses. Intersections showing specific finished asphalt grids SI
painted per the grid. Stakes shall be set to show the location and grade of future curbs adjai
traffic signal locations where the curb is not being built as a part of this contract. Surveyc mark the removal limits and limits of work line shown on the plans. The markings shall cor
continuous painted lines on asphalt and concrete surfaces and red flagged or painted laths :
on centers no more than twenty-five feet on unimproved areas. The markings shall be corn
by Surveyor and inspected and approved by the Engineer before the start of construction in tt-
marked. Centerline monuments shall be laid out, their disk stamped, and a Record of
satisfactory to the Engineer filed with the County in accordance with the Professiona
Surveyors Act. Water and sewer line stakes shall be set at 25-foot intervals with offsets refer
the top and centerline of pipe on main line and laterals. For all pipeline work the pipe ani
access hole, pipe material change, lateral connection, fitting, appurtenance, or hydrant locatic
elevations shall be staked and provided with grade stakes designating the offset of the ref
point, station, elevation of reference point, cut (or fill) and feature of pipe that is referenced. I
mitigation sites and other areas to be preserved that are shown on the plans shall be staki
flagged at 25 foot intervals prior to the start of any other 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 requiremt
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 inch
compensation for attendant survey work and no additional payment will be made therefor. Pi
for the replacement of disturbed monuments and the filing of corner records shall be incidr
the work necessitating the disturbance of said monuments and no additional payment will bc
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2-10 AUTHORITY OF BOARD AND ENGINEER
0 Add the following section:
2-10.1 Availability of Records,
Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may reque
Add the following section:
2-1 0.2 Audit And Inspection, Contractor agrees to maintain andlor 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 ir
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and inte
of Contractor’s staff. At any time during normal business hours and as often as the Enginec
deem necessary, upon reasonable advance notice, Contractor shall make available to the En
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 rl
to all matters covered by this Contract. However, any such activities shall be carried 01
manner so as to not unreasonably interfere with Contractor’s ongoing business oper
Contractor shall maintain such data and records for as long as may be required by applicabl
and regulations.
The Contractor shall provide copies of all records
SECTION 3 -- CHANGES IN WORK
0 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. Adjustmc
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, Regard
ownership, the rates and right-of-way delay factors to be used in determining rental and dela)
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTI
current at the time of the actual use of the tool or equipment. The right-of-way delay factors 1
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
con tract.
3-3.2.3 Markup,
replace with the following:
second paragraph, modify as follows:
Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSP1
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a 1
(a) and shall constitute the markup for all overhead and profits:
1) Labor 20
2) Materials ............................. 15
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be 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, Paym
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 hl
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 measurer
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 dis
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the District 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 wil
working days of the date of service of the written notice of potential claim for changed cond
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Clair
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the Ca
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
District’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 Cor shall submit substantiation of its actual costs to the Engineer within 20 working days af
affected work is completed. Failure to do so shall be sufficient cause for denial of an),
subsequently filed on the basis of said notice of potential claim.
Work by Contractor. The following percentages shall be added to the Contractor’s e ...................................
add the following after the second sentence:
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It is the intention of this section that differences between the parties arising under and by vir
the contract be brought to the attention of the Engineer at the earliest possible time in ordc
such matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written no
potential claim prior to commencing any disputed work. Failure to give said notice shall const
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with d
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the coni
shall attempt to resolve all disputes informally through the following dispute resolution ch
command:
@
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. District Engineer
5. Executive Manager
The Contractor shall submit a complete report within 20 working days after completion
disputed work stating its position on the claim, the contractual basis for the claim, along v
documentation supporting the costs and all other evidentiary materials. At each level of clt
appeal of claim the District will, within 10 working days of receipt of said claim or appeal of
review the Contractor's report and respond with a position, request additional information or rc
that the Contractor meet and present its report. When additional information or a me€
requested the District will provide its position within 10 working days of receipt of said ad1
information or Contractor's presentation of its report. The Contractor may appeal each
position up to the Executive Manager after which he may proceed under the provisions
Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommen
resolution to a claim to the Executive Manager. Actual approval of the claim is subject to the (
order provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance w
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencii
Section 201 04) which is set forth below:
0
ARTICLE I .5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thc
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 Arti
(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,
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) payr
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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
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by tht agency .
(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.
(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 inten
extend the time limit or supersede notice requirements otherwise provided by contract for thc
of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respl
writing to any written claim within 45 days of receipt of the claim, or may request, in writing,
30 days of receipt of the claim, any additional documentation supporting the claim or rela
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
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 submi
the claimant within 15 days after receipt of the further documentation or within a period of ti
greater than that taken by the claimant in producing the additional information, whichever is gr
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hL
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all '
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of rec
the claim, any additional documentation supporting the claim or relating to defenses to the CIS
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
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 submi
the claimant within 30 days after receipt of the further documentation, or within a period of ti
greater than that taken by the claimant in producing the additional information or req
documentation, whichever is greater.
(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 wii
days of receipt of the local agency's response or within 15 days of the local agency's fai
respond within the time prescribed, respectively, and demand an informal conference to me
confer for settlement of the issues in dispute. Upon a demand, the local agency shall sche
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 dispu
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Ch:
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government COC
purposes of those provisions, the running of the period of time within which a claim must k
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivis
until the time that claim is denied as a result of the meet and confer process, including any pe
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 SI
construed to change the time periods for filing tort claims or actions specified by Ch;
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of C
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims
to this article:
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I
(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 pi
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 a
requirement is extended upon a good cause showing to the court or by stipulation of both pari
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 procc
shall apply to any proceeding brought under the subdivision consistent with the rules pertain
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 di
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the C
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 undt
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
0
arbitration process.
0 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 r
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filc
court of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free anc
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 progres
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 tc
this Contract.
4-1.4 Test of Materials, add the following: Except as specified in these Special Provisio
Agency will bear the cost of testing materials andlor workmanship where the results of suc
meet or exceed the requirements indicated in the Standard Specifications and the :
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
before the delivery is started. All materials proposed for use may be inspected or tested at al
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I
during their preparation and use. If, after incorporating such materials into the Work, it is foun
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 fro
project site all at the Contractor's expense.
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 i
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 fo
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.
0
SECTION 5 -- UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a I
of known records, endeavored to locate and indicate on the Plans, all utilities which exist wit1
limits of the work. However, the accuracy and/or completeness of the nature, size andlor loc~
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caul
the failure of other parties to relocate utilities that interfere with the construction, the Coni
upon request to the Engineer, may be permitted to temporarily omit the portion of work affec
the utility. Such omission shall be for the Contractor's convenience and no additional comper
will be allowed therefor. The portion thus omitted shall be constructed by the Con
immediately following the relocation of the utility involved unless otherwise directed by the En{
0
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsectic
and substitute the following: The Contractor shall begin work within 20 (twentv) calenda
after receipt of the "Notice to Proceed".
Add the following section:
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engin
set the time and location for the Preconstruction Meeting. Attendance of the Conti
management personnel responsible for the management, administration, and execution
project is mandatory for the meeting to be convened. Failure of the Contractor to h:
Contractor's responsible project personnel attend the Preconstruction Meeting will be grou
default by Contractor per section 6-4. No separate payment will be made for the Conti
attendance at the meeting. The notice to proceed will only be issued on or after the complc
the preconstruction meeting. 0
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Add the following section:
6-1 .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the BE
Construction Schedule per the submittal requirements of section 2-5.3. The submittal 1
Baseline Construction Schedule shall include each item and element of sections 6-1.2 throi
1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-
Electronic Media.
Add the following section:
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contract0
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule
precedence diagram method (activity-on-node) format. The Baseline Construction Schedult
depict a workable plan showing the sequence, duration, and interdependence of all ac
required to represent the complete performance of all project work. The Baseline Constt
Schedule shall begin with the projected date of issuance of the notice to proceed and concluc
the date of final completion per the contract duration. The Baseline Construction Schedulc
include detail of all project phasing, staging, and sequencing, including all milestones neces:
define beginning and ending of each phase or stage.
Add the following section:
6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedt
Contractor shall prepare and submit to the Engineer a complete time-scaled network di
showing all of the activities, logic relationships, and milestones comprising the schedule.
Add the following section:
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractc
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each i
the identification number, the description, the duration, the early start, the early finish, the latt
the late finish, the total float, and all predecessor and successor activities for the activity descr
Add the following section:
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall p
and submit to the Engineer a chart showing individual tasks and their durations arranged w
tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use d
texture patterns or distinctive line types to show the critical path.
Add the following section:
6-1.2.4 Schedule Software. The Contractor shall use commercially available software ec
the Windows 95 compatible Suretrak program by Primavera to prepare the Baseline Const
Schedule and all updates thereto. The Contractor shall submit to the Agency a 3.5” data disk 1
network information contained thereon, in a format readable by a Microsoft Windows 95 s)i
The Agency will use a Suretrak or equal software program for review of the Contractor’s sch
Should the Contractor elect to use a scheduling program other than the Suretrak progr
Primavera the Contractor shall provide the Engineer three copies of the substituted program ti fully licensed to the Agency and 32 class hours of on-site training by the program publisher fc
eight Agency staff members. The on-site training shall be held at 2075 Las Palmas Drive, Ca
California.
Add the following section:
6-1.2.5 Schedule Activities.
than 1 working day nor longer than 15 working days, unless specifically and individually allo\
the Engineer. The Baseline Construction Schedule shall include between 100 and 500 ac
including submittals, interfaces between utility companies and other agencies, project mile
and equipment and material deliveries. The number of activities will be sufficient, in the judgr
0
Except for submittal activities, activity durations shall not be
0
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,
the Engineer, to communicate the Contractor’s plan for project execution, to accurately descril
project work, and to allow monitoring and evaluation of progress and of time impacts.
activity’s description shall accurately define the work planned for the activity and each activit!
have recognizable beginning and end points.
Add the following section:
6-1.2.6 Float.
to whatever party or contingency first exhausts it.
Add the following section:
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of P
supplied materials, equipment, or services, which may impact any activity’s construction st
shown as a restraint to those activities. Time periods to accommodate the review and correc
submittals shall be included in the schedule.
Add the following section:
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration
than the specified contract duration will not be acceptable and will be grounds for dek
Contractor, per section 6-4.
Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor
to support and maintain the project for the entire contractual timespan of the project. Shot
Contractor propose a project duration shorter than contract duration, a complete B:
Construction Schedule must be submitted, reflecting the shorter duration, in complete accoi
with all schedule requirements of section 6-1. The Engineer may choose to accept the Contr
proposal of a project duration shorter than the duration specified; provided the Agency is si
the shortened Baseline Construction Schedule is reasonable and the Agency and all other e
public and private, which interface with the project are able to support the provisions
shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened dl
project will be confirmed through the execution of a contract change order revising the
duration and implementing all contractual requirements including liquidated damages in accoi
with the revised duration.
Add the following section:
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the En
The Engineer’s determination that the Baseline Construction Schedule proposed by the Cor
complies with the requirements of these special provisions shall be a condition precec
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Const
Schedule does not meet the requirements of these specifications the Contractor shall corn
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure
Contractor to obtain the Engineer’s determination that the initial Construction Schedule propo
the Contractor complies with the requirements of these special provisions within thirty (30) v
days after the date of the preconstruction meeting shall be grounds for termination of the c
per section 6-4. Days used by the Engineer to review the initial Construction Schedule will
included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the B
Construction Schedule within 15 working days of submittal. The Baseline Construction Sc
will be returned marked as per sections 6-1.2.10.1 through 6-1.2.1 0.3.
Add the following section:
Float or slack time within the schedule is available without charge or compen
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6-1.2.1 0.1 “Accepted.” The Contractor may proceed with the project work upon issuance
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.
Add the following section:
6-1.2.1 0.2 “Accepted with Comments.” The Contractor may proceed with the projec
upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorpc
the comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporatir
corrections and changes of the comments prior to receipt of payment per section 6-1.8.’
Notice to Proceed will not be issued by the Engineer if the changes of the comments a
submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments”
Engineer. The Contractor, at the sole option of the Engineer, may be considered as
defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR
changes of the comments are not submitted as required hereinbefore and marked “Accept
the Engineer.
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet w
Engineer during the last week of each month to agree upon each activity’s schedule status an
submit monthly updates of the Baseline Construction Schedule confirming the agreements n
than the fifth working day of the following month. The monthly update will be submitted 01
(paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the su
requirements of section 2-5.3 and will include each item and element of sections 6-1.2 thro
1.2.9 and 6-1.3.1 through 6-1.3.7.
0
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or corr
during the month. After first reporting an actual date, the Contractor shall not change that
date in later updates without specific notification to the Engineer with the update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the mon
Contractor shall report the percentage determined by the Engineer as complete for the activitj
Add the following section:
6-1.3.3 Electronic Media. The schedule data disk shall be a 31/2’’ high density diskette, I:
with the project name and number, the Contractor’s name and the date of preparation
schedule data disk. The schedule data disk shall be readable by the software specified in sec
1.2.2 Schedule Software and shall be free of file locking, encryption or any other protoc
would impede full access of all data stored on it.
Add the following section:
6-1.3.4 List of Changes.
logic, with an explanation for each change.
Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network re
reflecting the change orders approved in the previous month. The network revisions will
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
A list of all changes made to the activities or to the intercom
@
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6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks anc
durations arranged with the tasks on the vertical axis and duration on the horizontal axis. Tt
chart shall use differing texture patterns or distinctive line types to show the critical path.
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will revie\
return the Updated Construction Schedule to the Contractor, with any comments, within 5 w(
days of submittal. The Updated Construction Schedule will be returned marked as per sectic
1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Commer
“Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resut
the Engineer will review and return the resubmitted Updated Construction Schedule t
Contractor, with any comments, within 5 working days. Failure of the Contractor to sub
monthly updated construction schedule will invoke the same consequences as the En!
returning a monthly updated construction schedule marked “Not Accepted”.
Add the following section:
6-1.4.1 “Accepted.”
for the schedule in accordance with section 6-1.8.2.
Add the following section:
6-1 -4.2 ”Accepted with Comments.” The Contractor may proceed with the project work
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporatii
corrections and changes noted in the Engineer’s comments prior to receipt of payment per I
0
The Contractor may proceed with the project work, and will receive pa
6-1.8.2.
Add the following section:
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schec
the Engineer incorporating the corrections and changes noted in the Engineer’s comments I:
receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, n
considered as having defaulted the contract under the provisions of section 6-4 DEFAUI
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted”
Engineer before the last day of the month in which the Updated Construction Schedule is due
Contractor fails to submit the corrected Updated Construction Schedule as required here
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect
proceed with the project, any resulting delay, impact, or disruption to the project will t
Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a con-
or contractually required milestone date later than the properly adjusted contract or mil
duration, the Agency may withhold Liquidated Damages for the number of days late. SI-
subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the all
portion of the previously held Liquidated Damages shall be released in the monthly paymeni
Contractor immediately following the “Accepted” schedule.
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work b
substantially different from that depicted in the Project Schedule, independently of and prior
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, wi
and explanation of each change made to the schedule. The Revised Construction Schedule
submitted per the submittal requirements of section 2-5.3 and per the schedule revie
acceptance requirements of section 6-1, including but not limited to the acceptance and pi
provisions.
0
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Add the following section:
6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule u
when one hundred percent of the construction work is completed. The Contractor’s Final Sch
Update must accurately represent the actual dates for all activities. The final schedule update
be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revision
6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final sch
update is required for completion of the project and release of any and all funds retained per SI
9-3.2.
Add the following section:
6-1.8 Measurement and Payment. Construction Schedule will be paid for at the stipulate0
sum price of seven thousand eight hundred ninety dollars ($7,890.00). The stipulated luml
price paid for Construction Schedule shall include full compensation for furnishing all
materials including, but not limited to, the computer hardware and software, tools, equipmen
incidentals; and for doing all the work involved in attending meetings, preparing, furni
updating, revising the tabular, bar and flow chart Construction Schedules and narrative rl
required by these special provisions and as directed by the Engineer. The Engineer’s determi
that each and any construction schedule proposed by the Contractor complies wit
requirements of these special provisions shall be precedent to each and any payment f
Construction Schedule. Payments for Construction Schedule will be made as per sections f
through 6-1.8.3.
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s prepa
revision and maintenance of the Construction Schedule are incidental to the work and no se
payment will be made therefor.
6-2 PROSECUTION OF WORK. 0
Add the following section:
6-2.1 Order of Work.
materials, and performing all operations necessary to complete the Project Work as shown
Project Plans and as specified in the Specifications.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly I
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The .
Representative shall be the individual determined under section 7-6, “The Contt
Representative”, SSPWC. No separate payment for these meetings will be made.
The work to be done shall consist of furnishing all labor, equipme
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide
notice to the Engineer within two hours of the beginning of any period that the Contractor has
any workers or equipment on standby for any reason that the Contractor has determinec
caused by the Agency or by any organization that the Agency may otherwise be obligated I:
Contractor shall provide continuing daily written notice to the Engineer, each workin
throughout the duration of such period of delay. The initial and continuing written notice
include the classification of each workman and supervisor and the make and model of each F
equipment placed on standby, the cumulative duration of the standby, the Contractor’s opi
the cause of the delay and a cogent explanation of why the Contractor could not avoid the d
reasonable means. Should the Contractor fail to provide the notice(s) required by this sect
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I >
Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecul
work to completion within 30 (thirtv) working days after the starting date specified in the Not
Proceed.
6-7.2 Working Day. Unless otherwise approved in writing by the En!
the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays tt
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval
Engineer if the Contractor desires to work outside said hours or at any time during weekends
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 hislhs
opinion, such work conducted by the Contractor is beneficial to the best interests of the Agenc
Contractor shall pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted fo
(5) years after recordation of a "Notice of Completion" and any faulty work or materials disco1
during the warranty period shall be repaired or replaced by the Contractor, at its expense. Tw
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 set
of the second paragraph and add the following: For each consecutive calendar day in exc
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contracto
pay the Agency, or have withheld monies due it, the sum of One Hundred Dollars, ($I(
Execution of the Contract shall constitute agreement by the Agency and Contractor One Hu
Dollars ($100.00) per day is the minimum value of costs and actual damages caused I
Contractor to complete the Work within the allotted time. Any progress payments made aft(
specified completion date shall not constitute a waiver of this paragraph or of any damages.
0
Add the following:
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 Cal
. and are listed in the official publication of the Department of Insurance of the State of Cali. Policies issued by the State Compensation Fund meet the requirement for workers' compen:
insurance.
7-5 PERMITS. Except as specified herein the agenc
obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building pt
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 ur
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 inc
in the price bid for the appropriate bid item and no additional compensation will be allowed ther
- 44 - 4
Modify the first sentence to read:
e
4 !I
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility coml
during the relocation or construction of their lines. The Contractor may be granted a time extc
if, in the opinion of the Engineer, a delay is caused by the utility company. No adc
compensation will be made to the Contractor for any such delay.
0
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required
shall also be executed on weekends and other non-working days when needed to preser
health safety or welfare of the public. The Contractor shall conduct effective cleanup an
control throughout the duration of the Contract. The Engineer may require increased le\
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 itc
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 01
construction meter for water used for the construction, plant establishment, maintenance, clc
testing and all other work requiring water related to this contract. The Contractor shall conti
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup, s
meter and any, and all, other charges, deposits and/or fees therefor. Said costs sk
considered incidental to the items of work that they are associated with and no additional p: @ will be made therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be eq
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 sha
accordance with the plans, Chapter 5 of the California Department of Transportation "Mal
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, duri
progress of the work, the Contractor shall immediately repair said component to its original cc
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, ma
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 (9
per day per traffic sign or device, or the actual cost of providing such traffic control
whichever is the greater.
Add the following section:
7-1 0.3.1 Construction Area Signs. Warning and advisory signs, lights and devices inst:
placed to provide traffic control, direction and/or warning shall be furnished, installed, mail
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 sig
e
- 45 -
y b.
remain in place overnight shall be stationary mounted signs. Stationary signs that warn o
existent conditions shall be removed from the traveled way or shielded from the view of the tra
public during such periods that their message does not pertain to existing conditions. All exca
required to install stationary construction area signs shall be performed by hand methods VI
the use of power equipment. Warning and advisory signs that are used only during working
may be portable signs. Portable signs shall be removed from the traveled way and shieldec
the view of the traveling public during non-working hours.
During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformanc
the provisions in Section 12-3.06B, “Portable Signs”, of the CALTRANS Standard Specificatic
Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheet
aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retroref
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 ma
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 leas 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 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 50C 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 PI;
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, diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless ott-
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 uni
be capable of being delivered to the site of use and placed in immediate operation. Sign par
portable signs shall conform to the requirements of sign panels for stationary mounted signs
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 dur
hours of darkness. Size, color, and legend requirements for portable signs shall be as descri
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
parts of the sign standard or framework shall be finished with 2 applications of an orange (
which will match the color of the sign panel background. Testing of paint will not be requi
0
0
0
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1 ,,
portable signs are displaced or overturned, from any cause, during the progress of the wor
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 Contract0
its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than PO:
delineators are used during the hours of darkness, they shall be affixed or covered with ref
cone sleeves as specified in CALTRANS 'Standard Specifications", except the sleeves sf-
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 me:
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 '
authorization to the reduction in clearance that is specific to the time, duration and location o
waiver or for the work of installing, maintaining and removing traffic control devices. As a COI
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 travelec
including any section closed to public traffic. Whenever vehicles or equipment are parked 1
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 equipme
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 bf
for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be moun
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 th
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 dire(
travel.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of
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 !
Provisions. The provisions in this section will not relieve the Contractor from its responsit
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 1
System for Lane Closure" of these Special Provisions or by use of an alternative traffic conti
proposed by the Contractor and approved by the Engineer. The Contractor shall not star
striping operations using an alternative plan until he has submitted its plan to the Engineer a
NOT APPLICABLE
0
0
NOT APPLICABLE
0
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1 'I
received the Engineer's written approval of said plan.
7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation sh
furnished, placed, maintained and removed in accordance with the minimum standards speci
Chapter 5 of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the
causes obliteration of pavement delineation, temporary or permanent pavement delineation SI
in place prior to opening the traveled way to public traffic. Lane line or centerline pav
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 delin
shall be performed by the Contractor. When temporary pavement delineation is removed, a and marks used to establish the alignment of the temporary pavement delineation shall be rei
by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose mi
Temporary pavement delineation shall not be applied over existing pavement delineation 01
temporary pavement delineation. Temporary pavement delineation shall be maintainec
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Enginet
temporary pavement delineation conflicts with the permanent pavement delineation or with
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 es
the alignment of the temporary pavement delineation shall be removed.
The Contractor shall provide traffic control at the contract lump sum price bid. The contrac
sum price paid for "traffic control" shall include full compensation for furnishing all labor (in(
flagging costs), materials (including signs), tools, equipment and incidentals, and for doing
work involved in preparation, reproduction and changing of traffic control plans, placing, a1
traffic stripes and pavement markers with bituminous adhesive, removing, storing, maint
moving to new locations, replacing, and disposing of the components of the traffic control sys
shown on the plans and approved additions and modifications, as specified in these I
provisions, and as directed by the Engineer. Flagging costs will be paid for as a part of the
Sum Amount for "Traffic Control." When included as a bid item the cost of labor and mate
portable concrete barriers will be paid for at the price bid. When there is no bid item the 1
labor and material for portable concrete barriers they will be paid as an incidental to the worl
performed and no additional payment will be made therefor. Progress payment for "Traffic C
will be based on the percentage of the improvement work completed.
The Contractor shall prepare and correct TCP and shall furnish all labor and materials to pc
install, maintain, replace and remove all traffic control as incidentals to the work with which tl-
associated and no other compensation will be allowed therefor.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all nec
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 ir
persons on, about, or adjacent to the premises where the work is being performed. The Cor
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 dange
warning against hazards created by such features of construction as protruding nails, hois
holes, and falling materials.
Add the following section: NOT APPLICABLE
0
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I CL.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this
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 conc
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conc
of the contract.
0
SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL. Add the following: Contractor shall furnish the Engineer a “Class A” Field C
The field office shall be for the exclusive use of the Engineer and such other individuals that h
designate. The Contractor shall maintain the field office throughout the entire duration of the c(
unless the Engineer shall otherwise direct.
8-2.1 Class “A” Field Office. Add the following: Additionally the “Class A” Field Office s
provided with: one (1) additional standard five foot double pedestal desk with two chair:
electrostatic copier and supplies, copier shall be Xerox Model 5018, or equal, and one addition
rack shall be provided. Water cooler to have hot and chilled water. The integral sanitary facilitic
be separate enclosed toilets per Section 7-8.4. Furnishings are subject to agency approval. Tt
office shall be located at a site satisfactory to the Engineer and within the limits of work. Acce
three parking spaces for the exclusive use of the Engineer and hidher designees that are con\
and satisfactory to the Engineer shall be provided by the Contractor.
The field office shall have a 24“ x 36” sign affixed near the entry door. The sign text st
proportioned as shown below. The Contractor shall affix a City seal to the sign in a centered lo(
The City seal will be supplied by the Engineer.
CITY OF CARLSBAD
ENG I N EERl N G INS PECTIO N
8-6 BASIS OF PAYMENT. Add the following: Payment for field office will be made at the n
price bid and will include full compensation for installing and removing the field office, relocatir
may be necessary to facilitate the project, providing utilities including, but not limited to, el€
telephone, potable water and sanitary facilities, and maintenance. The monthly rate will be F
each full calendar month throughout the duration of the contract that the field office, complete
facilities and utilities, is available to the Engineer and on the project excepting when the Engine
ordered that the field office be removed from the project.
SECTION 9 -- MEASUREMENT & PAYMENT 0
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, 1
9-3 PAYMENT.
0 9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each montt-
Engineer will make an approximate measurement of the work performed to the closure dai
basis for making monthly progress payments. The estimated value will be based on contrac
prices, completed change order work and as provided for in Section 9-2 of the Star
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 informa
Should the Contractor assert that additional payment is due, the Contractor shall within ten
days of receipt of the progress estimate, submit a supplemental payment request to the Eng
with adequate justification supporting the amount of supplemental payment request. Upon re
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. I
Engineer determines that the supplemental payment request is not proper, then the request
be returned to the Contractor as soon as practicable, but not later than seven (7) days after rec
The returned request shall be accompanied by a document setting forth in writing the reasons
the supplemental payment request was not proper. In conformance with Public Contract
Section 20104.50, the District shall make payments within thirty (30) days after receipt
undisputed and properly submitted supplemental payment request from the Contractor. If pa) of the undisputed supplemental payment request is not made within thirty (30) days after rece
the Engineer, then the District shall pay interest to the Contractor equivalent to the legal rai
forth in subdivision (a) of Section 685.010 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 mal
so estimated to have been furnished and delivered and unused or furnished and storc
aforesaid as part security for the fulfillment of the contract by the Contractor, except that i
time after 20 percent of the work has been completed, if the Engineer finds that satisf:
progress is being made, the Agency may reduce the total amount being retained from pa)
pursuant to the above requirements to 5 percent of the total estimated value of said worl
materials and may also reduce the amount retained from any of the remaining partial payme
5 percent of the estimated value of such work and materials. In addition, on any partial pa)
made after 95 percent of the work has been completed, the Agency may reduce the ar
withheld from payment pursuant to the requirements of this Section to such lesser amounts E
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 PC
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 appro
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 executii
approval for the surety shall be properly acknowledged and the power of attorney authorizir
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 inspecti
Engineer will make a Final Payment Estimate and process a corresponding payment. This e'
will be in writing and shall be for the total amount owed the Contractor as determined
Engineer and shall be itemized by the contract bid item and change order item with quantiti
payment amounts and shall show all deductions made or to be made for prior paymer
amounts to be deducted under provisions of the contract. All prior estimates and progress pa'
shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate tc
Add paragraph 6 et seq. as follows:
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I‘i
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 tin-
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 ascert:
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 caL
denying the claims.
9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted
Agency within 30 calendar days of receipt of Final Payment for all claims for the entire projei
claim will be considered that was not included in this written statement, nor will any claim be a
for which written notice or protest is required under any provision of this contract including sc
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 \
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complie
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascert
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 contc
involved in its claims. Failure to submit such information and details will be sufficient cat
denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written staten
further information, whichever is longer, for those claims approved by the Engineer. The Cor
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those
remaining in dispute.
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Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory W
be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lurr
price paid for mobilization shall not exceed dollars ($ ), and ir
full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities,
equipment and incidentals, and for doing all the work involved in mobilization and preparatoi and operations, including, but not limited to, those necessary for the movement of per!
equipment, supplies, and incidental to preparing to conduct work on and off the project s
other offsite facilities necessary for work on the project; for all other facilities, sureties, wc
operations which must be performed or costs incurred prior to beginning work on various c
items on or off the project site, excepting those specifically paid for under separate sections c
specifications. The Contractor hereby agrees that the stipulated lump sum amount is suffic
Mobilization and Preparatory Work, as described in this section, and that the Contractor shz
no right to additional compensation for Mobilization and Preparatory Work.
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Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (4C
the amount bid for Mobilization And Preparatory Work will be allowed. For the second prc
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatorq
will be allowed therefor.
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TECHNICAL SPECIFICATION FOR
CONSTRUCTION OF
WOODSTOCK PUMP STATION
WETWELL REHABILITATION
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Part 1 - General
1.01 Description
A. Statement of Work
The work to be performed under this contract shall consist of furnishing all labor, equil
materials for installation of a polyurethane spray applied lining on the interior surface
Woodstock Pump Station wetwell.
B. Responsibilities
The Contractor shall furnish and install an eight inch (8”) plug in the influent gravity line
construction. Plug shall be rated for a minimum of thirty (30) psi. A means to release a
the plug from grade level shall be provided and be acceptable to the Engineer. Subrr
and air release plan to Engineer for approval.
The Contractor shall be responsible for hauling wastewater or setting up a bypass duri
construction. Wastewater shall be hauled a minimum of two (2) times per day at the dis
of the Engineer or District staff. The average daily volume is approximately twent!
hundred (2,800) gallons. Provide a wastewater hauling schedule or bypass plan
Engineer for approval prior to beginning with construction. A standby hauler, hauling
bypass pump shall be provided and be a part of the contract. The wastewater SI
collected at Access Hole (AH#I) and delivered to AH #2 as shown on Exhibit B.
The Contractor shall begin construction on a Monday. The Carlsbad Municipal Water
(District) will not be responsible for the length of time it takes the Contractor to complc
coating system, as different coating system may require cure times that are differ
recommended by the manufacturer.
Space heaters shall be used after hydroblasting the interior surface of the wetwe
Contractor shall be responsible for paying all water and electrical costs that occur
construction.
C. References
Standard Specifications for Public Works Construction (SSPWC), Section 5(
Polyurethane Protective Lining Manhole Rehabilitation.
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1.02 Environmental Conditions
The coating system shall be capable of holding up in a wastewater environment with a
air temperatures ranging from twenty (20) to one hundred (100) degrees and wasi
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temperatures ranging from fifty (50) to seventy five (75) degrees Fahrenheit. 0 1.03 Quality Assurance
The Contractor’s employees applying the coating system shall have a certification frc
coating system manufacturer stating that they are qualified to install the manufac
product and have a minimum of ten (IO) applications using the same manufacturer’s prc
Provide ten (I 0) references for the previous jobs completed.
I .04 Submittals
A. Submit manufacturer’s data sheets showing the following information:
1. Percent solids by volume.
2. Minimum and maximum recommended dry-film thickness per coat for prime anc
coats.
3. Recommended surface preparation.
4. Statement verifying that the specific prime coat is recommended by the manufi
for use with the finish coat.
5. Application instructions including recommended equipment and temp(
limitations.
6. Curing requirements and instructions.
B. Submit color swatches and exact color number.
C. Hauling plan.
D. Plug and air release plan. e
Part 2 - Products
2.01 Primer Material
The primer materials shall be a one hundred percent (100%) solids, moisture tolerant
capable of spray application to five (5) mils dry film thickness in a single continuous ci
manufactured by Sancon Engineering or approved equal. Note that the primer and linc
be provided by one manufacturer only.
2.02 Finish Liner
The finish liner shall be a one hundred twenty five (125) mil dry film thickness polyur
liner manufactured by Sancon Engineering or approved equal. Finish liner shall be ~i
near white.
Part 3 - Execution
3.01 Installation
A. Cal-OSHA
All Cal-OSHA safety regulations shall be followed and particularly the confined spac
and regulations. 0
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B. Manufacturing Recommendation
Contractor shall apply all coatings in strict accordance with the manufacturer’s \
instructions and recommendations.
C. Cleaning
Prior to application of the polyurethane protective lining system, the wetwell sh
thoroughly cleaned by high water pressure blasting at pressures of five thousand (5,0(
minimum and ten thousand (10,000) psi maximum. Debris from cleaning shall not be a
to enter the sewer system. Contractor shall provide all necessary debris containment dc
The Contractor shall provide all necessary debris containment devices. The Contract0
remove and dispose of all debris collected from the cleaning operation per regulatic
outlined in Subsection 500-1.1.4. All excess material from cleaning shall be dc
Contractor’s property and disposal shall be at no expense to the Carlsbad Municipal
District (CMWD).
D. Pre-prime Coating Responsibilities
Contractor shall use a minimum of one (1) space heaters at 15,000 BTU output for a mil
of 4 hours after hydroblasting to facilitate removal of excess moisture in the wetwell are:
walls should be dry to the touch after this period. In the event that the walls are still dan
Engineer may, at his discretion, ask that the space heater be used for a longer period c
The extra time will constitute extra work. No claim shall be made by the Conk
application of the primer must occur on the following day.
E. Inspection
Contractor shall notify Carlsbad Municipal Water District Engineer at 438-3367 (or Insr,
twenty-four (24) hours in advance for surface preparation and primer application inspe
and spark test witness for final polyurethane lining.
F. Primer Application
Contractor shall apply primer after space heating wetwell area. The primer shall be apt
one (1) coat to a dry film thickness of 5 mils. Prior to the primer coating becoming tac
the polyurethane coating shall be applied. The Contractor shall provide proof of the nur
mils applied and incorporate this into a field test data report to be approved by the Engin
G. Polyurethane Lining
The polyurethane lining shall be applied to all concrete surfaces within the wetwell are;
lining shall be homogenous and be applied to a minimum thickness of one hundred (IO
and a maximum thickness of one hundred twenty five (125) mils. The lining shall be uni
color, fully cured, free of pinholes, and surface imperfections and blisters. The Cor
shall provide proof of the number of mils applied and incorporate this into a field te
report to be approved by the Engineer.
H. SparkTest
The cured polyurethane lining shall be spark tested for pinholes with a spark tester
15,000 volts minimum. All holidays shall be marked with a black per and repaired. A di
of six inches (6”) shall be repaired around all holidays found in the liner. The areas four
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be rescarified, epoxy primed, and a polyurethane lining applied following the procedure
in Sections F. and G.
I. 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.
B. Repair the problem(s).
C. Cleanup the area as required by the County Health Department, the Carlsbad Mu
Water District and the Regional Water Quality Control Board.
D. Be responsible and liable for any claim against the CMWD due to a sewage spill.
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EXlSllNG MOTOR
EXlSllNC FIBERCUSS REINFORCED pusnc ENCLOSURE
EXISTING BUBBLER CONlROL SYSTELl
MlY-FOUR INCH (2c) ACCESS HOLE
WMP STATION SUB
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MISTING I' PVC INFLUENT GRAVllY LINE (I.E. 307.0)
WOODSTOCK PUMP STATION WEWELL REHABILITATION
EXHIBIT A 0
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LANCASTER ROAD
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