HomeMy WebLinkAboutSancon Engineering II Inc; 2004-02-10; 3840-2DOC # 2004-0788488
RECORDED REQUESTED BY
CITY OF CARLSBAD fi AND WHEN RECORDED PLEASE
1200 Carlsbad Village Drive
Carlsbad, California 92008
I llllllll Ill 11111 11111 111llll1ll11111 Ill11 Ill11 111ll11111111ll Ill1 1111
AUG 19,2004 9% AM
OFFICIAL RE CURDS
SAFI DIELO COUNTY RECORDER'S OFFICE
GRELORY J SMITH, COUNTY RECORDER FEES 0 013
PAGES 1
I 11111 Illll Ill11 Ill11 11111 11111 Ill11 MI11 11111 11111 1111 11111 Ill11 Ill11 Ill1 111
I Space above this line for Recorder's use.
PARCELNO: N/A
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee.
A work or improvement on the property hereinafter described was completed on 6/4/2004.
The name of the contractor for such work or improvement is Sancon Engineering II, Inc.
The property on which said work or improvement was completed is in the City of Carlsbad, County of
San Diego, State of California, and is described as follows: CIP 3840-2 the Villas Lift Station Wet
Well Rehabilitation.
The street address of said property is in the City of Carlsbad. 8.
GLENN PRUlM '
Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California,
92008; the City Manager of said City on A~%-sf \3 ,20a, accepted the above
described work as completed and ordered that 5 Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on @,~O.\L!A \7 , 20&, at Carlsbad, California.
CITY OF CARLSBAD
Word\Masters\Forms\Notice of Completion (City)
City Clerk
3/9/98
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
Sancon Engineering It, Inc. has constructed the improvements required for CIP Project No.
3840-2, the Villas Lift Station Wet Well Rehabilitation, and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of:
IMPROVEMENTS VALUE
Sewer $62,945
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS
Lloyd Hubbs, Publi'c Works Director
CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above described public improvements is deemed complete and hereby
accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances.
The City of Carlsbad is hereby directed to commence maintaining the above described improvements. 7dL RAYMOND R. PATCHETT, City Manager
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:N (k!f
Deputy City Attorne
Date
Word\Masters\Fom\Acceptance of Public Improvements (City)
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
.-
8- k# Revised 7/29/02
P’dS04-17ENG
October 2003
Contract Ne. 3840-2 Page 1 of 66
. TABLE OF CONTENTS
Item Pane .
Notice Inviting Bids ........................................................................................................................
Contractor‘s Proposal ....................................................................................................................
Bid Security Form ..........................................................................................................................
Bidder‘s Bond To Accompany Proposal .......................................................................................
Guide For Completing The “Designation Of Subcontractor and Amount of
Subcontractor‘s Bid Items” and “Designation of Owner Operator/Lessor and
Amount of Owner Operator/Lessor Work” Forms ........................................................................
Designation Of Subcontractor and Amount Of Subcontractor‘s Bid Items .................................
Bidder‘s Statement Of Financial Responsibility ............................................................................
Bidder‘s Statement Of Technical Ability And Experience .............................................................
Bidder‘s Certificate Of Insurance For General Liability. Employers’ Liability. Automotive
Liability And Workers’ Compensation ...........................................................................................
Bidder‘s Statement Of Re Debarment ...........................................................................................
Bidder‘s Disclosure Of Discipline Record .........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..............................
Contract Public Works ..................................................................................................................
Labor And Materials Bond ............................................................................................................
Faithful Performance/Warranty Bond ...........................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ......................................
-
5
9
14
15
17
19
21
22
23
24
25
27
28
34
36
38
a Revised 10/08/03 Contract No . 3840-2 Page 2 of 66 Pages
SUPPLEMENTAL PROVISIONS
It Part 1 General Provisions
Section 1
1-1
1-2
1-3
Section 2
2-3
2-4
2-5
2-9
2-1 0
Section 3
3-2
3-3
3-4
3-5
Section 4
4-1
4-2
,- Section 5
5- I
5-4
Section 6
6-1
6-2
6-6
6-7 6-8
6-9
Section 7
7-3 7-4
7-5
7-7
7-8
7-1 0
7-1 3
Terms. Definitions Abbreviations And Symbols
Terms .................................................................................................................... 44
Definitions ............................................................................................................. 44
Abbreviations ........................................................................................................ 43
Scope And Control Of The Work
Subcontracts ......................................................................................................... 44
Contract Bonds ..................................................................................................... 44
Plans And Specifications ...................................................................................... 45
Surveying .............................................................................................................. 46
Authority Of Board And Engineer ......................................................................... 49
Changes In Work
Changes Initiated by the Agency .......................................................................... 50
Extra Work ............................................................................................................ 50
Changed Conditions ............................................................................................. 50
Disputed Work ...................................................................................................... 51
Control Of Materials
Materials And Workmanship ................................................................................. 54
Materials Transportation. Handling and Storage .................................................. 55
Utilities
Location ................................................................................................................. 55
Relocation ............................................................................................................. 55
Prosecution. Progress And Acceptance Of The Work ......................................... 56
Construction Schedule And Commencement Of Work ........................................ 56
Prosecution Of Work .............................................................................................. 56
Delays And Extensions Of Time ........................................................................... 56
Time of Completion ............................................................................................... 56
Completion And Acceptance ................................................................................ 57
Liquidated Damages ............................................................................................. 57
Responsibilities Of The Contractor
Liability Insurance ................................................................................................. 57
Workers' Compensation Insurance ...................................................................... 57
Permits .................................................................................................................. 58
Cooperation and Collateral Work ......................................................................... 58
Project Site Maintenance ...................................................................................... 58
Laws To Be Observed .......................................................................................... 64
Public Convenience And Safety ........................................................................... 59
Section 9 Measurement and Payment
9- 1 Measurement Of Quantities For Unit Price Work ................................................. 64
9-3 Payment ................................................................................................................ 64
Part 5 System Re habilitation .
Section 500 Pipeline 500-1.2.4 Sewer Bypassing and Dewatering ........................................................................ 83
em %# Revised 7/29/02 Contract No . 3840-2 Page 3 of 66
TECHNICAL S PECl FI CAT10 N S
DIVISION I - GENERAL REQUIREMENTS
SECTlON011010 GENERAL SCOPE OF WORK AND PROCEDURES OF
CONSTRUCTION
DIVISION 9 - LINERS
SECTION 09881 PLASTIC LINING FOR STRUCTURES (ARROW-LOCK)'
SECTION 09885 CHEMICALLY BONDED PLASTIC COATING SYSTEM FOR CONCRETE
SURFACES (LINABOND)
APPENDIX A - Site Map
APPENDIX B - Location Map
APPENDIX C - Pipeline System Map
APPENDIX D - Conceptual Bypass Plan
APPENDIX E - Wetwell Detail
APPENDIX F - Lift Station Plan View
-
APPENDIX G - Resident Notification Example
e= %$ Revised 7/29/02 Contract No. 3840-2 Page 4 of 66
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO PM, December IO, 2003 the City shall accept sealed bids, clearly marked as such, at
the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer,
by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time
they will be opened and read, for performing the work as follows: Remove the existing liner and
install a PVC liner in the wet well of the Villas Wastewater Lift Station.
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved
bythe City Council of the City of Carlsbad on file with the Engineering Department.
The specifications for the work include the Standard Specifications for Public Works
Construction, 2003 Edition, and the 2003 supplements thereto, all hereinafter designated
“SSPWC” as issued by the Southern California Chapter of the American Public Works
Association and as amended by the supplemental provisions sections of this contract.
Reference is hereby made to the plans and specifications for full particulars and description of
the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
r
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and
contractors to utilize recycled and recyclable materials when available, appropriate and
approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding
when a contractor or subcontractor has been debarred by the City of Carlsbad or another
jurisdiction in the State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law.
The bidder’s security of the second and third next lowest responsive bidders may be withheld
until the Contract has been fully executed. The security submitted by all other unsuccessful
bidders shall be returned to them, or deemed void, within ten (IO) days after the Contract is
awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate
securities may be substituted for any obligation required by this notice or for any monies withheld
by the City to ensure performance under this Contract. section 10263 of the Public Contract
Code requires monies or securities to be deposited with the City or a state or federally chartered
bank in California as the escrow agent. The escrow agent shall maintain insurance to cover
negligent acts and omissions of the agent in connection with the handling of retentions under
this section in an amount not less than $100,000 per contract.
em %@ Revised 7/29/02 Contract No. 3840-2 Page 5 of 66
The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: -
1.
2.
3.
4.
5.
6.
Contractor's Proposal 7.
Bidder's Bond 8.
Non-Collusion Affidavit 9.
Designation of Subcontractors and Amount of Subcontractor Bid
Designation of Owner Operator/Lessor & IO.
11.
12.
Amount of Owner Operator/Lessor Work
Bidder's Statement of Financial Responsibility
Bidder's Statement of Technical Ability and Experience
Acknowledgement of Addendum(a)
Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract.
Bidder' s Statement Re Debarment
Bidder's Disclosure Of Discipline Record
Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $82,000.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered non-responsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract:
-
Classification I Description II 1 General En ineering I
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of twenty dollars ($20.00) per set. If plans and specifications are to be mailed, the cost for postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. -
4- %# Revised 7/29/02 Contract No. 3840-2 Page 6 of 66
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity
or informality in such bids. -
The general prevailing rate of wages for each craft or type of worker needed to execute the
Contract shall be those as determined by the Director of Industrial Relations pursuant to the
sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor
Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The
Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing
rates of wages to all workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section
1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting
and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer"
for the purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall
apply to the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated
in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy
between words and figures, the words shall prevail. In case of an error in the extension of a unit
price, the corrected extension shall be calculated and the bids will be computed as indicated
above and compared on the basis of the corrected totals.
_. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
.written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day
prior to bidding. Submission of bids without acknowledgment of addenda may be cause of
rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an
amount equal to:
1. One hundred percent (100%) of the total amount payable by the terms of the contract when
the total amount payable does not exceed five million dollars ($5,000,000).
2. Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten
million dollars ($1 0,000,000).
3. Twenty-five percent (25%) of the total amount payable by the terms of the contract if the
contract exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall
extend in full force and effect and be retained by the City until they are released as stated in the
Supplemental Provisions section of this contract. All bonds are to be placed with a surety
insurance carrier admitted and authorized to transact the business of insurance in California and
whose assets exceed their liabilities in an amount equal to or in excess of the amount of the
bond. The bonds are to be accompanied by the following documents:
-
I
e= %@ Revised 7/29/02 Contract No. 3840-2 Page 7 of 66
1. An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2. A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
-.-
If the bid is accepted, the City may require copies of the insurer's most recent annual statement
and quarterly statement filed with the Department of Insurance pursuant to Article 10
(commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within
10 calendar days of the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1. Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2. Are admitted and authorized to transact the business of insurance in the State of California
by the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1. Meet the conditions stated above for all insurance companies.
2. Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above'standards with the exception that the Best's rating condition is waived.
The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract.
Any additional cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening.
If the Contractor fails to comply with these requirements, the City may award the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
DATE: October 30,2003
43 Revised 7/29/02 Contract No. 3840-2 Page 8 of 66
CITY OF CARLSBAD
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
CONTRACTOR’S PROP%!UED, WITNESSED AND RECORDED:
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda
thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and
services required to do all the work to complete Contract No. 3840-2 in accordance with the
Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to it:
I tern
No. Description I -
1 Wastewater Bypass at
Tb4-NTq rz04 -rWSM
2 Remove Existing Liner - Prepare
Surface for New Liner at
stZ:Ja -InoJtA&
Dollars (Lump Sum)
Install PVC Liner on Concrete at
TN%n)tr qtbt8c T-OSA 43
eitb,-m nawaLxb
Dollars (Lump Sum)
3
Approximate
Quantity Unit
and Unit Price Total
1 LS 4 2’s,wc - tl Z3,IYS-
. Total amount of bid in numbers: $ b2, q45-
Price(s) given above are firm for 90 days after date of bid opening.
4- %# Revised 7/29/02 Contract No. 3840-2 Page 9 of 66
._ Addendum(a) No(s). ~o~h haslhave been received and islare included in this
proposal.
The Undersigned has carefully checked all of the above figures and understands that the City
will not be responsible for any error or omission on the part of the Undersigned in preparing this
bid.
The Undersigned agrees that in case of default in executing the required Contract with
necessary bonds and insurance policies within twenty (20) days from the date of award of
Contract by the City Council of the City of Carlsbad, the City may administratively authorize
award of the contract to the second or third lowest bidder and the bid security of the lowest
bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to
do business or act in the capacity of a contractor within the State of California, validly licensed
under license number 731797 , classification A which
expires on //3 I/D 5 , and that this statement is true and correct and has the
legal effect of an affidah.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the
City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code § 201 04.
The Undersigned bidder hereby represents as follows:
/---
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or
employees has inducted him/her to enter into this Contract, excepting only those contained
in this form of Contract and the papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid
for the same work, and is in all respects fair and without collusion or fraud.
companying this proposal is Dirl B ond (Cash, Certified Check, Bon or Cashier's Check) for ten percent (1 0%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires
every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and agrees to comply with such
provisions before commencing the performance of the work of this Contract and continue to
comply until the contract is complete.
&
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
relative to the general prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to complywith its provisions.
e= k# Revised 7/29/02 Contract No. 3840-2 Page 10 of 66
License, Detail Page 1 of 3
IC33 I
n
License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 731 797
PAINTING AND DECORATING
SYNTHETIC PRODUCTS
ELECTRICAL
DISCLAIMER
A license status check provides information taken from the CSLB license data base.
Before relying on this information, you should be aware of the following limitations: r CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is
subject to public complaint disclosure, a link for complaint disclosure will appear
below. Click on the link or button to obtain complaint and/or legal action information.
are disclosed.
the arbit ration.
onto the Board's license data base.
Per B&P 7071.17, only construction related civil judgments known to the CSLB
Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered
Extract Date: 1211 0/2003 -
* * * Business Information * * *
SANCON ENGINEERING II INC 5841 ENGINEER DRIVE
HUNTINGTON BEACH, CA 92649
Business Phone Number: (71 4) 891 -2323
Entity: Corporation
Issue Date: 01/27/1997 Expire Date: 01/31/2005
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
Description
GENERAL ENGINEERING CONTRACTOR
12/10/2003
License Detail
pi1 WI
Page 2 of 3
Description
HOME IMPROVEMENT CERTIFICATION
,-
I
11. GENERAL BUILDING CONTRACTOR
* * * Certifications * * *
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 1486568 in the amount of $7,500 with the bonding company
INSURANCE COMPANY OF THE WEST. Effective Date: 1 1/26/1996
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO)
NICHOLAS FREDERICK DI BENEDETTO certified that he/she owns 10 percent or
more of the voting stocklequity of the corporation. A bond of qualifying individual is not
required.
Effective Date: 05/01/2003
BQl's Bondina History
BOND OF QUALIFYING INDIVIDUAL(2): The Responsible Managing Officer (RMO) CHARLES BROWNING PARSONS certified that he/she owns 10 percent or more of the
voting stock/equity of the corporation. A bond of qualifying individual is not required.
Effective Date: 07/07/2003
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 1602041 Effective Date: 10/01/2000 Expire Date: 10/01/2004
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
License Number Request Contractor Name Request Personnel Name Request
1 2/ 10/2003
License Detail
Salesperson Request Salesperson Name Request
0 2003 State of California. Conditions of Use Privacy Policy
Page 3 of 3
12/10/2003
Personnel List Page 1 of 1
Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 731 797
Click on the person's name to see a more detailed page of information on that person.
Association Disassociation Class More Name Title Date Class Date
SECRETARY 01/27/1997 DEBORAH ELLEN DI
BEN ED ETTO
NICHOLAS FREDERICK DI RMO/p 01/27/1997 C33 More BEN E DElTO
CHARLES BROWNING RMO 07/07/2003 A More PARSONS
ROBERT EUGENE
H 0 LL I N G SW 0 RT H TREASURER 01/27/1997
License Number RequeSf Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
0 2003 State of California. Conditions of Use Privacy PolLq.
http://www2.cslb.ca.gov/CSLB~LIBRARY/Personnel+List.asp?LicNum=73 1797 12/10/2OO3
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
Name under which business is conducted
Signature (given and surname) of proprietor
Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
em ts Revised 7/29/02 Contract No. 3840-2 Page 11 of 66
IF A PARTNERSHIP, SIGN HERE:
(I) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by
a general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted SanUn Enq; neerins II 1 , 1 n~.
r
(Signature)
Impress Corporate Seal here
(3) Incorporated under the lam of the State of
(4) Place of Business 58Ltl E~jncer Dr.
CA
(Strget and Number)
City and State N Wf/ nq A917 Bedch ,, LA
(5) Zip Code 92-6 4q Telephone No. c719) gql-2-323
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
c# Revised 7/29/02 Contract No. 3840-2 Page 12 of 66
State of California
On beforeme, Peggy E. Scanlon, Notary Public ,
Name and Title of Officer (e.g.. “Jane Doe, Notary Public”)
I Name(s) of Signer@)
personally appeared Bob Hollingsworth
4fl personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person($
whose name&) isbe subscribed to the within instrument
and acknowledged to me that he/zh&key executed the
same in hismatttPdr authorized capacity(kZs), and that by
his/rom-/thxr signature(sj on the instrument the person@),
or the entity upon behalf of which the person@) acted,
executed the instrument.
WITNESS my hand and official seal. - SMatz 6f UotaT Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reaffachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
0 Individual
0 Corporate Officer
Title (s) :
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
I I
Signer’s Name:
0 Individual
0 Corporate Officer
Tit le(s) :
0 Partner - 17 Limited 0 General
0 Attorney-in-Fact
0 Trustee-
0 Guardian or Conservator 0 Other: Top of thumb here
I I
Signer Is Representing:
I I
Q 1995 National Notary Association 6 8236 Remmet Ave , P.O. Box 7184 * Canoga Park CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
- List below names of president, vice president, secretary and assistant secretary, if a corporation;
if a partnership, list names ofall general partners, and managing partners:
em ts Revised 7/29/02 Contract No. 3840-2 Page 13 of 66
BID SECURITY FORM
(Check to Accompany Bid)
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2 /
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified* Cashiers Check payable to the
CARLSBAD, in the sum of /
)I this amount being ten percent (10%) of the total amo
shall become the property of the City provided thi through action of its legally constituted contracting
execute a contract and furnish the required Perfor
proof of insurance coverage within the stipulated ti
the undersigned. The proceeds of this check sha
undersigned shall withdraw his or her bid within th
for the opening thereof, unless otherwise required
contract to another bidder.
ds of this check
ent Bonds and
I be returned to
er the date set
-
the Bid Bond form on the following pages
en percent (10%) of the total amount of the
-
/
4- GS Revised 7/29/02 Contract No. 3840-2 Page I4 of 66
Nov.24. 2003 9:29AM SANCON
-. -, -,
c
No.3183 Po 2/3
Bid Bond Number: 148 65 68
BIDDER'S BOND TO ACCOMPANY PROPOSAL,
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
KNOW ALL PERSONS BY THESE PRESENTS:
SW'N ENGINEFBJNG 11, INC., as Prindpal, anANSJRAJXE CQMPANy OF THE WEST That we,
as Surety are held and firmly bound unto the City of Carlsbad California in an amount ad
follows: (must be at least ten percent (10%) 07 the bid amount) Thu pEXCEPh OF
for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jojntlyand severally. firmly by these presents.
(10%)
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the
above-bounden Principal for:
VILLAS LIFT SiATlON WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into
and execute a Contract including required bonds and insurance policies within twenty (20) days
from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified
of said award, then this obligation shall become null and void; otherwise, it shall be and remain
in full force and effect, and the amount specified hekin shall be forfeited to the said City.
-
'.. ,
- . ... ^^_^ -
Nov.24. 2003 9:30AM SANCON
in the event Principal executed this bond as an individual, it is agreed that the death of Principal
shall not exonerate fie Suretyfrom its obligations under this bond: bcceb bcr Executed by PRINCIPAL this -, 2003 1 * day of ,20 03 .
-.=s=l.i
PRINCIPAL:
sA" ENGIIqzKmG 11, m.
Executed bySURETy this 24th . day of m-, 2003 .20 .
SURETY:
IEUFWKE CQMPANy OF THE WESR
(name of Surety)
17852 E. 17th Street #I11
of Surety) Tustin, cA(m
714-832-9900
(telephone number of Surety)
aichael R. Lang an
(print name of Attorneyin-Fact)
(Attach corporate resolution showing current powr of attorney.)
(Proper notarial acknovddgment of execution by PRINCIPAL and SURETY must be attached.)
(President or. vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution .certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL
City Attorney
CA,LlFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 .,
.-
A
On November 24, 2003 before me, - Katherine L. Banks Notary Public -I
personally appeared Michael R. Lanean I
awersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the personw whose namew islam
subscribed to the within instrument and ac-
knowledged to me that heMW€tWjiXexecuted
the same in hisltxerndj&ak authorigqd
capacityflR7, and that by hisl&WWhs
DATE NAME, TITLE OF OFFICER ~ E.G , 'JANE DOE. NOTARY PUBLIC'
NAME(S) OF SIGNER(S)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL 0 CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) LIMITED
AlTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIANKONSERVATOR 0 OTHER:
0 GENERAL
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR EMIlY(IES)
INSURNXE CDMPANY OF TEE XEST
INSURANCE COMPANY OF THE WEST SIGNER(S) OTHER THAN NAMED ABOVE
Q1993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Can- Park, CA 913087184
./F
_- OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called ''City
and
whose address
is hereinafter
called "Contractor" and whose
address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as
follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the Contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contract
+ entered into between the City and Contractor for Villas Lift Station Wet Well Sewer
Rehabilitation Project, Contract No. 3840-2. in the amount of
dated (hereinafter referred to as the "Contract"). Alternatively, on written
request of the Contractor, the City shall make payments of the retention earnings directly to the
Escrow Agent. When the Contractor deposits the securities as a substitute for Contract
earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent
shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in
connection with the handling of retentions under these sections in an amount not less than
$100,000 per contract. The market value of the securities at the time of the substitution shall be
a least equal to the cash amount then required to be withheld as retention under the terms ofthe
contract between the City and Contractor. Securities shall be held in the name of the
, and shall designate the Contractor as the
beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions, provided that
the Escrow Agent holds securities in the brm and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow
Agent shall hold them for the benefit of the Contractor until such time as the escrow created
under this contract is terminated. The Contractor may direct the investment of the payments into
securities. All terms and conditions of this agreement and the rights and responsibilities of the
parties shall be equally applicable and binding when the City pays the Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the
Escrow Agent in administering the Escrow Account and all expenses of the City. These
expenses and payment terms shall be determined bythe City, Contractor and Escrow Agent.
,- '
4- a# Revised 7/29/02 Contract No. 3840-2 Page 38 of 66
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time Athout notice to the City
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as
instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and
complete and that the Contractor has complied with all requirements and procedures applicable
to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed
immediately upon disbursement of all moneys and securities on deposit and payments of fees
and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the Cityand Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the
securities and interest as set brth above.
IO. The names of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: c
For City
For Contractor:
For Escrow Agent:
Title FINANCE DIRECTOR
Name
Signature
Address
Title .
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
-
ts Revised 7/29/02 Contract No. 3840-2 Page 39 of 66
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City: Title MAYOR
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent:
Name
Signature
/-
em %# Revised 7/29/02 Contract No. 3840-2 Page 40 of 66
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the “Companies”), do hereby appoint
MICHAEL R LANGAN
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalfof the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President
State of California
County of San Diego ] s.9.
No. 0000982
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
Norma Porter, Notary Public
RESOLUTIONS
This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
“RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, -re berehy authorkd to cudciite Powers of Attomey appokting the ;;erson(s) nslmed as Adorney(s)-in-Fact :a date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surezy bonds, undertakings, and other similar contracts of suretyship, ar:d any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validlty
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be Edcsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying.”
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Compmy of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are n w in full force.
IN WITNESS WHEREOF, I have set my hand this 34% day of dwm@ , -3 .
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1 1 1 1 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group,
11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
.c -.*. ... .... . .. :,. .I
...; ... ::..*:" .I
.-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
1 State of California
On -'I 2 lati I 63 , before me, Peggy E. Scanlon, Notary Public ,
personally appeared
Name and Title of Officer (e 9.. 'Jane Doe, Notary Public")
Nick DiBenedetto and Bob Hollingsworth
Name(s) of Signer(s)
E personally known to me
El proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
qWiWSS,my hand pd official seal.
Place Notary Seal Above - Signatuie of Noiary Public
0 PTlO NA L
Thougn the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
Corporate Officer - Title(s):
Ci Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1997 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
Company Profile Page 1 of 2
-
Company Profile
INSURANCE COMPANY OF THE WEST
PO BOX 85563
SAN DIEGO, CA 92186-5563
800-877- 1 1 1 1
Agent for Service of Process
Unable to Locate the Agent for Service of Process?
JAMES III W. AUSTIN, 11455 EL CAMINO REAL SAN DIEGO, CA 92130-2045
Reference Information
NAIC #: 27847
NAIC Group #: 0922
Date authorized in California:
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: CALIFORNIA
California Company ID #: 207 1-9
May 17, 1972
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof_utl.get_co_prof?p_EID=5... 12/10/2003
Company Profile
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Page 2 of 2
Company Complaint Information
Company Enforcement Action Documents
Company Performance 8z Comparison Data
Composite Complaint Studies
Want More?
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Financial Rating Organizations
Last Revised - October 16,2003 01:24 PM
Copyright 0 California Department of Insurance
Disclaimer
http://cdinswww.insurance.ca.gov/pls/wu_co~prof/idb~co~prof_utl.get~co~prof?p~EID=5 ... 12/10/2003
,-- GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS'
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC, 2000 Edition, and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.
I
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor's decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Omer Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit" or Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor's Overhead & Profit 'I unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount ofwork so installed.
-- .
4% ks Revised 7/29/02 Contract No. 3840-2 Page 17 of 66
- Suppliers of materials from sources outside the limits of work are not subcontractors. The value
of materials and transport of materials from sources outside the limits of work, as shown on the
plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as
the case may be, that the Bidder proposes as installer of said materials. The value of material
incorporated in any Subcontractor or Owner Operator/Lessor installed bid item that is supplied
by the Bidder shall be included as a part of the work that the Bidder proposes to be performed
by the Subcontractor or Ower Operator/Lessor installing said item.
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in the
"Bid Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number
must be entered on the form. If the Subcontractor does not have a valid business license enter
"NONE" in the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to
provide the required information. The page number and total number of additional form pages
shall be entered in the location proided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install
less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the
designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The
explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the
specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the
work with its own forces.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the
contract documents and the Supplemental Provisions. The decision of the City Council shall be
final.
rc
%# Revised 7/29/02 Contract No. 3840-2 Page 18 of 66
.-
& Profit
$
$
$
$
$
$
$
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
Overhead & Profit
$ $
$ $
$ $
$ $
$ $
$ $
$ $
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approml of the Agency.
Full Company Name of Subcontractor: - ,do+€-
Subcontractor's Location of Business
Street Address
City State Zip
I *Subcontractor's Telephone Number including Area Code:
*Subcontractor's California State Contractors License No. and Classifcation
*Subcontractor's Carlsbad Business License No.:
SUBCONTRACTOR'S BID ITEMS* 11 Bid I Amount of Subcontracted I Amount of Work In Bid I Amount of Contractor's 11
Bid Item Including 1 Item Performed by 1 Overhead & Profit In 11 Em 1 Subcontractor's Overhead Contractor Excluding Bid Item
Explanation: Column 1 - Bid Item No. from the bid proposal, page 9, inclusive. Column 2 - The dollar amount of the item to be pehormed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the
Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal page 9, inclusive.
Page of pages of this Subcontractor Designation brm
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice lnvitino Bids." - e* ks Revised 7/29/02 Contract No. 3840-2 Page 19 of 66
I
Bid
Item
No.
It
DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATORILESSOR WORK
Amount of Owner Amount of Work In Bid
OperatorlLessor Bid Item Item Performed by
Including Owner Contractor Excluding
OperatorlLessor's Overhead & Profit
Overhead & Profit
$ $
$ $
$ $ ts ts
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
The Bidder certifies that it has used the sub-bid of the following listed Owner OperatorlLessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name: - flON6-
Owner OperatodLessor Location of Business Street Address
City State Zip - *Owner Operator/Lessor Telephone Number including Area Code:
*Owner Operator/Lessor City of Carlsbad Business License No.:
II IS Its
Amount of Contractor's
Overhead & Profit In
ts II
JJ I' Explanation:
Column 1 - Bid Item No. from the bid proposal, page 9, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be Derformed bv Contractor's own forces. Column 4 - The dollar amount of the Contractois overhead-and profit for work done by both the Contractor's and the Owner Operator/Lessor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid
proposal page 9, inclusive.
Page of pages of this Owner OperatorlLessor form
* Pursuant to section 4104 (a)(Z)(A) California Public Contract Code, receipt of the p6rtions of the information preceded by an
asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids."
e= ts Revised 7/29/02 Contract No. 3840-2 Page 20 of 66
.- BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cow marked CONFIDENTIAL. /
em %# Revised 7/29/02
~ ~~
Contract No. 3840-2 Page 21 of 66
December 9,2003
To: Whom It May Concern
Re: Statement of Financial Responsibility for Sancon Engineering 11, Inc.
Sancon Engineering, 11, Inc. has at its disposal all the necessary financial means, owned
equipment and necessary manpower to successfully complete the following Project:
“Villas Lift Station Wet Well Rehabilitation Project
City of Carlsbad”
for the City of Carlsbad complete per plans and specifications for this project and within
the specified contract completion time.
Bank reference: Pacific Liberty r
16001 Springdale
Huntington Beach, CA 92649
7 14-500-3900
If there are any questions regarding any of the above information, please feel free to call
Sincerely,
SANCON ENGINEERING 11, INC.
Bob Hollingswortho
Secretary
5841 ENGINEER DRIVE
HUNTINGTON BEACH, CA 92649
(7 14) 891 -2323 (800) 726-2664
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers,
which will enable the City to judge hidher responsibility, experience and skill. An attachment
can be used.
Contract
Name and Phone
Name and Address No. of Person Type of 1 Amznt
I I I
e- %$ Revised 7/29/02 Contract No. 3840-2 Page 22 of 66
Date
Contract
Completed
2003
2003
2003
2003
Name & Address of the
Employer
City of El Segundo
350 Main St.
El Segundo, CA
90245
Sunset Beach Sanitary District
P.O. Box 1185
Sunset Beach, CA
90742
City of Port Hueneme
700 East Hueneme Road
Port Hueneme, CA
93041
City of Big Bear Lake
P.O. Box 10000
Big Bear Lake, CA
Name & Phone No. of Person to
~
Contact
Paul Bowen: 310-524-2300
Jim Caslin: 71 4-892-51 12 -
~
9231 5 1 John London: 909-866-5831
Fred Camarillo: 805-986-6661
Type of Work
Rehab Wetwell
Rehabiliate 2
wetwells
Rehab 1
wetwell and 4
man holes
Rehab 4
Wetwells
Amount of
Contract
$29.300.00
$ 14.500.00
- $ 95,320.0C
$77,801 .OO
-- BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
As a required part of the Bidder's proposal the Bidder must attach either of the following to this
page.
1) Certificates of insurance showing conformance with the requirements herein br each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability - 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of
i n s u ra n ce f o r Co m p re h e n s i ve G e n e ra I L i a b i I it y, Auto mob i le Lia b i I it y, W o r ke rs Co m p e n sa t ion
and Employer's Liability in conformance with the requirements herein and Certificates of
insurance to the Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies
offered to meet the specification of this contract must:
1 ) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the cowage is for "any auto" and cannot be limited in any manner.
em ts Revised 7/29/02 Contract No. 3840-2 Page 23 of 66
P. 05 POMS and ASSOC Fax: 1-81 8-876-3322 . , .. Nov 25 2003 12:33
PATE (MWIDDmw) . Ac_cI)RDM CERTIFICATE OF LIABILITY INSURANCE Il/2 S/2003
THIS CERTWCATE IS ISSUED AS A MAWER OF INFORMATION ONLY AND CONFERS NO RIOHTS UPOM THE CERTIFICATE
hUL
PRODU=R (aiai 876-3 336
pcys & AssocJates
Su.ite CllO
25 PaFk Sorrsnto Attn:
.. NAIC# .. ' INSURERS AFFORDING COVERAGE
INSURER^ Virginia .Surety Cornpamy, Inc. -A/P
INSURERC; AmrQcan Znt'l. SpecQalty Lines h+/xV
.; . Calabasas, CA 9i302
,* msunco,Sancon Engineerlng IT, Inc.
,,', :. 5841 Engfneer Drive 'I INSURERB; Liberty Insurance Underwrf ters q)Xv
I ':...I
1
; ,I Huntington Beach, CA 92649 ' 1; INSURER 0: I
23 - C-9
Np6 Or! INBURAYCE 3 kucv NUYEW
CUIMS MID€ OCCUR
A'
]I ! lCG50113200 lO/Ol/2003 i ,:
'!
..
1
II
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I I i ,! I 1 QARAGE UPglLlTY - I
I EXCE8WYBRELLA LIABIUTY I,
=OCCUR (WCIAIMSUAOE
B .~1-871181325013 10/01/2003
DEDUMI3LE t
RETENTION 5 i
WORKERS CONPENSATION AND 6MPLOY6RS' UAElLllY
1 11 CPLlf76136 10/01/2003
I I
DESCRIPTION Df OPERAT ONS I LOCATIONS /VEHICLE8 I EXCLUSIONS ADDED BY ENOORBEUENl / SPECIAL PRO': be: Villas LiCt StatSon Wet Well RebabSlftatqon Contract No.
EACH OCCURRENCS
10/01/2004
MED EXP (Any one mun)
PERSONAL (L ADV INJURY
I GENERAL APPREGATE
1 PRODUCT8 - COMPIOP AQQ
BODILY INJURY 10/01/2004 (psr wnrDn) 1 BODILY INJURY (Per &dent)
PROPERlY DAMAdE (kr acCiScn()
AUTO ONLY - EA ACCIDENT
OTHERTHAN E
A00 AUTO ONLY!
EACH OCCURRMCE '
AdQREGATE
10/01/2004
I
E.L, EACH ACCIDENT
E.L DISEABE - EA EMPLOYE 10/01/2004 I EL DBEASE - POLICY UMR CLAIMS MAD
I I 71
1 000 00
s 2,000,000 s 2,ooo,og
-1 ;
POLICY: I 10'01/2004 S1,000,000 Each ClaSdAgg. I I DNS 40-2
for Non-Payment of Premlum.
City of Carlsbad 1200 Carlsbad VSllage Dr-ive Carlsbad, CA 92008
POfdS and ASSOC
a Certfffcats issued to City of'
. ns & Assodates
a 11/25/2003 ' .. .,VirglnSa Surety Company, Inc. - A
'.'.''AddSt'ional Insured - Owners, Less
: ,. .This endorsement modifies insuran
,Pol I cy No lCG50113200
,. ,.
,.
' ,' COMMERCIAL GENERAL LIABILITY PART
. SCHEDULE
.. Name of Person or Organization! "
{If no entry appears above, $nfot
Declarations as appljcable to thi
WHO IS AN INSURED (Section 11) is the Schedule, but only with respe you I
IS0 ENDORSEMENT KC 20 10 11 85"
Fax: 1-81 8-876-3322 Nov 25 2003 12:34 P. 06
Clty of Carlsbad hr7 sbad 1112 512003
~ -~ ~
nitted A/IX
es or Contractors (FORM B)
2 provided under the following:
ity of Carlsbad
ition requfred to complete this endorsement will be shown in the endorsement .I
mended to include as an insured the person or organization shown in : to liability arfsfng out of "your work" for that Insured by or for
A.M. Best's Rating for Virginia Surety Company, Inc. Page 1 of 1
02314 - Virginia Surety Company, Inc.
fl
Member of Aon Corporation Group
View a list of arouD members or the group's rating A.M. Best # 02314 NAlC I: 40827
A (Excellent)*
Financial Size Cateaory
IX ($250 milllon to $500 million)
*Ratings as of 01/26J2004 06:45:30 PM E.S.T.
Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders.
Important Notice: Best's Ratings reflect our opinlon based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details.
Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online.
Copyright Q 2004 by A.M. Best Companvl Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the
prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. I
http://www3.ambest .com/ratings/rating.asp?AMEiNum=O23 14&Refnum=023 14&Site=rati1.. . 1/26/2004
Company Profile Page 1 of 2
Company Profile In
VIRGINIA SURETY COMPANY, INC.
1000 MILWAUKEE AVENUE
GLENVIEW, IL 60025
Former Names for Company
Old Name: COMBINED SPECIALTY INSURANCE COMPANY Effective Date: 07-24-2003
Old Name: VIRGINIA SURETY COMPANY, INC. Effective Date: 07-19-2002
Agent fqr Service of Process
LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833
Unable to Locate the Agent for Service of Process?
t
Reference Information
NAIC #: 40827
NAIC Group #: 03 17
Date authorized in California:
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: ILLINOIS
California Company ID #: 2643-5
June 30, 1982
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
DISABILITY
FIRE
LIABILITY
MARINE
http://cdinswww.insunce.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~EID=63 ... 1/26/2004
Company Profile Page 2 of 2
F
MISCELLANEOUS
PLATE GLASS
SPRTNKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSnTIOI
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
Composite Complaint Studies
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Help Me Find a Company Representative in My Area
Financial Rating Organizations
Last Revised - January 06,2004 05:33 PM
Copyright Q California Department of Insurance
Disclaimer
http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~E~=63 ... 1/26/2004
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the tate of California? 7
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two
debarments.
party debarred party debarred -
agency agency
period of debarment period of debarment
BY CONTRACTOR:
_-
Page I of I pages of this Re Debarment form
*w %# Revised 7/29/02 Contract No. 3840-2 Page 24 of 66
c
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint
regarding a patent act or omission is filed within four years of the date of the alleged violation. A
complaint regarding a latent act or omission pertaining to structural defects must be filed within
10 years of the date of the alleged violation. Any questions concerning a contractor may be
referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento,
California 95826.
1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board tvlo or more times within an eight year period? J
Yes no
2) Has the suspension or revocation of your contractors license ewr been stayed?
d
no
3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board
two or more times within an eight year period? J
Yes no
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the Work ever been stayed? J
Yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinaryaction pertain to, describe the nature
of the violation and the disciplinary action taken therefore.
- (If needed attach additional sheets to proide full disclosure.)
Page I of F pages of this Disclosure of Discipline form
em ts Revised 7/29/02 Contract No. 3840-2 Page 25 of 66
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary
action was stayed. /
/
/ (If needed attach additional sheets to provide full disclosure.)
By:
Page 2 of 2 pages of this Disclosure of Discipline form
*= ts Revised 7/29/02 Contract No. 3840-2 Page 26 of 66
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
PUBLIC CONTRACT CODE SECTION 7106
BY BIDDER AND SUBMITTED WITH BID
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
State of California ) ) ss.
County of 0 ~GL h3e 1
Dob H o I I ihq4 WO~ 1.\ , being first duly sworn, deposes
(Nam”e of Bidder)
and says that he or she is 5e~ re+ol r y
(Title’)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid
is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the bid
are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price
or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I
I declare under penalty of erjury that the foregoing is true and correct and that this affidavit was executed on the / 2 dayof Decmb&r ,2083 .
Signature of Bidder U
Subscribed and sworn to before me on the -~W#&+ay~f&&+/- I20 0’3.
(NO1 L Signature of Notary - 8 1422181
r
Revised 7/29/02 Contract No. 3840-2 Page 27 of 66
CONTRACT
PUBLIC WORKS
This agreement is made this /MA day of - ,20&
by and between the City of Carlsbad, California, a municipal corporatio$(hereinafter called "City"),
and SANCON ENGINEERING I1 INC
(hereinafter called "Contractor").
whose principal place of business is
5841 ENGINEER DRIVE HUNTINGTON BEACH CA 92649
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
VILLAS LIFT STATION WET WELL
REHAB1 LITATION PROJECT
CONTRACT NO. 3840-2
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum@) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2003 Edition, and the 2003 supplements thereto, hereinafter
designated "SSPWC", as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Supplemental Provisions section of this contract. The Engineer
will close the estimate of work completed for progress payments on the last working day of each
I month.
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
43 Revised 10/08/03 Contract No. 3840-2 Page 28 of 66 Pages
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions, If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly,
and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B.
indicated.
Differing Conditions. Subsurface or latent physical conditions at the site differing from those
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Con tract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
43 Revised 10/08/03 Contract No. 3840-2 Page 29 of 66 Pages
expenses of defense include all costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence
for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in
the amounts specified shall be established for the risks for which the City or its agents, officers or
employees are additional insured. -
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto"
and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
I
e Revised 10/08/03 Contract No. 3840-2 Page 30 of 66 Pages
.- c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein. -
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91-403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
(I) in the Contractor's bid.
Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
a %# Revised 10/08/03 Contract No. 3840-2 Page 31 of 66 Pages
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
Californ ia.
I have read and understand all provisions of Section I1 above. Q
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
init init
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
-of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
e Revised 10/08/03 Contract No. 3840-2 Page 32 of 66 Pages
. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
(CORPORATE SEAL)
CONTRACTOR: CITY OF CARLSBAD a municipal corporation of
the State of California
By:
5&I.JLd &r4Cp,+%een\F.b7EIt ,Tic
By: .PAayor 9
Man h6-e) ATTEST:
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
DepHCity Attorney
a Revised 10/08/03 Contract No. 3840-2 Page 33 of 66 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -
State of California I
On beforeme, (1,ClRLiCS "P 6mms
personally appeared Rl* R Aot 1 .\NCOSL;)DIWH ,
Date Name and iitie of Officer (e g , "Jane Doe. Notary Public")
Narne(sf of Sigh@)
BpEEonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and
acknowledged to me that helshelthey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Signature of Notary Public
OPTlONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: hLm
Document Date: bT '3eo 3 Number of Pages: bb
Signer($ Other Than Named Above: dit-
Capacity(ies) Claimed by Signer
Signer's Name: bob F\'\DUAJ~S~~.CTK / htkf m&jD€+
0 Individual
morporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Jdcit P rr411 J hG& - PflESia-
Signer Is Representing: 5 nnJ echj TNL
0 1999 National Notary ASSOciafion 9350 De Solo Ave., P.O. Box 2402 Chatswolth. CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll-Free 1-800-8766827
I
_- LABOR AND MATERIALS BOND e: 212-32-15
WHEREAS, the City of Carlsbad, State of California, has awarded to
(hereinafter designated as the "Principal"), a Contract for:
SANCON ENGINEERING II INC
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, SANCON ENGINEERING II INC I
as Principal, (hereinafter designated as the "Contractor"), and
as Surety, are held firmly bound unto the City of Carlsbad
in the sum of SIXTY TWO THOUSAND NINE HUNDRED FORTY FIVE
($ 62,945.00 ), said sum being an amount equal to: One hundred percent (100%) of the total
amount payable under the terms of the contract by the City of Carlsbad, and for which payment well
and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these presents.
IEXJ"E CLBlP~ OF THE
LEST
Dollars
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications. I
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Revised 10/08/03 Contract No. 3840-2 Page 34 of 66 Pages
G I
Executed by CONTRACTOR this /%
dayof sww ,2035
CONTRACTOR:
SANCON ENGl"G 11, INC.
(name of Contractor)
(sign here)-
(print name here)
&f- PREcr& Ak5dr
By: (sign Here)
Executed by SURETY this 7th day
of January * 20x.
SURETY:
INSURANCE CmPm OF THE =T
(name of Surety)
17852 E.17th Street #111
Jaddress of Surety)
(telephone nyhber of Surety)
Tustin, CA 2780
714-832-9900 ~
By:
Mibe1 R.'MCW (printed name of Attorney-in-Fact)
(attach corporate resolution showing current power (print name here) of attorney)
5ZGU€*cj
- (title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
.-
Revised 10/08/03 Contract No. 3840-2 Page 35 of 66 Pages
r CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
r
r
} SS.
State of California
County of o*alJ&€
On (IItloq before me, QCIAALSC ?F+,CS or4 s
Date Name and Rle of Mficer (e.g., “Jane Doe. Notaly Public”)
c personally appeared bo 13 t(o& FJ-~o~H 4 mlkF mfnlbt
Name(& SigneNs)
BpEkonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose narne(s) islare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person@), or
the entity upon behalf of which the person@)
acted, executed the instrument.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
f Title or Type of Document: kh bmh I% ohib
CbmRdr Document Date: OLro I+& zo 03 Number of Pages:
Signer(s) Other Than Named Above: rJ In
Capacity(ies) Claimed by Signer
Signer’s Name: - 8, I3 &IU a~~*~&~~
0 In ividual
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Td - Signer Is Representing: sed &bd CC/LlJ&? ;
E2 orporate Officer - Title(+ ~ECZ€WW . J, 4 3mS.lDEr
e
0 1999 National Notary Asmiation - 9350 De Sot0 Ane.. P.O. Box 2402 Chatsworlh, CA $131 3-2402 * www.nationalnotary.org Prod. No, 5907 Reorder: Call Toll-Free 1-800-876-6827
i
No. 0000982
ICW GROUP
Power of Attorney
Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the “Companies”), do hereby appoint
MICHAEL R. LANGAN
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY
John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President
State of California
County of San Diego } ss.
On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
Norma Porter, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
”RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying.”
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective B&ds of Directors if the Companies, ad are now in full force.
IN WlTNESS WHEREOF, I have set my hand this day of --m Mrnj
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1 1 1 1 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group,
11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
FAITHFUL PERFORMANCEWARRANTY BOND#^^* 32 15
WHEREAS, the City of Carlsbad, State of California, has awarded to
(hereinafter designated as the "Principal"), a Contract for:
SANCON ENGINEERING II INC
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, SANCON ENGINEERING II INC 1 as Principal, (hereinafter designated as the "Contractor"), and
Dollars in the sum of SIXTY TWO THOUSAND NINE HUNDRED FORTY FIVE
($ 62.945.00 ), said sum being equal to one hundred percent (100%) of the estimated amount of
the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
INSURANCE CQMPANY OF THE WEST , as Surety, are held and firmly bound unto the City of Carlsbad,
I-
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
a Revised 10/08/03 Contract No. 3840-2 Page 36 of 66 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this /z Executed by SURETY this 7th day of
day of rmu/!b# ,2004. January ,2004
CONTRACTOR: SURETY:
SANalN E3JGI”G 11, INC. INSmB COMPANY OF THE WEST
(name of Contractor) (name of Surety)
17852 E. 17th Street #1U
(sign here) (address of Surety) I‘
Tustin, CA 92780 ,c.l/e fib&fD&Z 714-832-99 00
(print name here) (telephone number of Surety) f
b5G &Ls,o&r By:
(Title and Organization of Signatory) (signdure of fttomey-M-Fact)
L - Michael R. Langan
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.) (print name here)
(Title and Organization of signatory)
1
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
@ Revised 10/08/03 Contract No. 3840-2 Page 37 of 66 Pages
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} ss.
State of California
County of 6kAdb 6
beforeme, cc(Aa55 ? 6ASOh)S
Date Name and Title of Officer (e.g.. “Jane Doe, Notary Public”)
personally appeared Bot3 douIdbtl*w4 M~LF IhfdDft
Name(s) of Signer($
msonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@) whose name@) islare
subscribed to the within instrument and
acknowledged to me that helshelthey executed
the same in hislhedtheir authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaffachment of this fom to another document.
Description of Attached Document
Title or Type of Document: fl +A I T M :,J L
CON7 cLnr Document Date: 0-T 2003 I 17 04 Number of Pages:
Signer@) Other Than Named Above: d /4
Capacity(ies) Claimed by Signer
Signer’s Name: oh J~OCC,J~J cJowu Mt&E MIHDE~
rck - ;)R%S, n< 0 Individual
worporate Officer -Title(+ ~~cfirrMu / 1/
0 Partner - 0 Limited 0 General 0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: <Add Fdt~, CJ e6ecaL TT I
0 1999 National Notary Association * 9350 De Sot0 Ave , P.O. Box 2402 * Chatsworth. CA 913152402 www.natiomlnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
ICW GROUP
INSURANCECOMPANYOFTHEWEST THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 El C.mhn, Rd
-
sa0 Diclp, ca 92130-2045
TERRORISM COVERAGE DISCLOSURE
The Terrorism Risk Insurance Act of 2002 (the “Act”) establishes a program under which
the Federal Government will share in the payment of covered losses caused by certain
acts of international terrorism. We are providing you with this notice to inform you of
the key features of the Act, and to let you know what effect, if any, the Act will have on
the premium.
Under the Act, insurers are required to provide coverage for certain losses caused by
international acts of terrorism as defined in the Act. The Act further provides that the
Federal Government will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused by certain acts of
terrorism that is in excess of the statutorily established deductible for that year. The Act
also caps the amount of terrorism-related losses for which the Federal Government or an
insurer can be responsible at %100,000,000,000.00, provided that the insurer has met its
deductible.
-
Please note that passage of the Act does not result in any change in coverage under the
attached policy or bond (or the policy or bond being quoted). Please also note that no
separate additional premium charge has been made for the terrorism coverage required by
the Act. The premium charge that is allocable to such coverage is inseparable fiom and
imbedded in the overall premium.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-^
State of California I
County of ms Anqd es
7, 2004 , before me, XatherhX3 L. Banks, Public On January Name and Ti d officer (e& "Jane Doe. Notary Public") Date
personally appeared Michael R. Langan
Name(s) 01 Sis)
@personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(@ whose name0 isf%W:
subscribed to the within instrument and
acknowledged to me that he/- executed
the same in his/- authorized
capacity-, and that by his/-
signature(8 on the instrument the person&), or
the entity upon behalf of which the person($
acted, executed the instrument.
OPTlCf6AL
Though fhe information below is not required by law, if may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Faithful Performance Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer Signer's Name: Michael R. Langan
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
Kl Attorney in Fact
0 Trustee
0 Guardian or Consetvator
0 Other:
Signer Is Representing: IIswame- of the west u
- &, 1997 National Nolary Assoaalion - 9350 De soto Ave.. P.O. Box 2402 Chatarrwth. CA 913132402 Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6827
No. 0000982
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
_"
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona. and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
MICHAEL R LANGAN
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents.
IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
John H. Craig, Assistant Secretary
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
W
John L. Hannum, Executive Vice President
State of California
County of San Diego ss.
On January 16,2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
Norma Porter, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing. or
photocopying."
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Jndependence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WlTNESS WHEREOF, I have set my hand this ! 7 fh day of
I
-.. John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1 11 1 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named in&vidual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group,
11455 El Camino Real, San Diego, CA 921 30-2045 or call (858) 350-2400.
SUPPLEMENTAL PROVISIONS
FOR
VILLAS LIFT STATION WET WELL
REHABILITATION PROJECT
CONTRACT NO. 3840-2
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted",
"scheduled", or words of similar import are used, it shall be understood that reference is made to
the plans accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar
import are used, it shall be understood that the direction, designation or selection of the
Engineer is intended, unless stated otherwise. The word "required" and words of similar import
shall be understood to mean "as required to properly complete the work as required and as
approved by the Engineer," unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and
such words of similar import are used, it shall be understood such words are followed by the
expression "in the opinion of the Engineer", unless otherwise stated. Where the words
"approved", "approval", "acceptance", or words of similar import are used, it shall be understood
that the approval, acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
fum'ishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transporhtion.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be
exclusively defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher approwd representative.
a $# Revised 7/29/02 Contract No. 3840-2 Page 41 of 66
Dispute Board - persons designated by the City Manager to hear and advise the City Manager
on claims submitted by the Contractor. The City Manager is the last appeal level for informal
dispute resolution.
Engineer - the Public Works Director of the City of Carlsbad or hislher approved representative.
The Engineer is the third lewl of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work.
Further, such employees have their employment taxes, State disability insurance payments,
State and Federal income taxes paid and administered, as applicable, by the Contractor. When
used in Section 2-3.1 "own organization" means construction equipment that the Contractor
owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased
equipment with an operator is not part of the Contractor's Own Organization and will not be
included for the purpose of compliance with section 2-3.1 of the Standard Specifications and
these Supplemental Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator
provided who is employed by neither the Contractor nor a subcontractor and is neither an agent
or employee of the Agency or a public utility
Deputy City Engineer, Construction Management and Inspection - The Construction
Manager's immediate supervisor and second level of appeal for informal dispute resolution.
Construction Manager - the Project Inspector's immediate supervisor and first level of appeal
for informal dispute resolution.
Project Inspector - the Engineer's designated representative for inspection, contract
administration, and first level for informal dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
@m c# Revised 7/29/02 Contract No. 3840-2 Page 42 of 66
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions
requiring the Contractor to complete 50 percent of the contract price with its own organization,
the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to
10 percent of the value of the work performed in excess of 50 percent of the contract price by
other than the Contractor’s own organization. The City Council shall be the sole body for
determination of a violation of these provisions. In any proceedings under this section, the prime
contractor shall be entitled to a public hearing before the City Council and shall be notified ten
(10) days in advance of the time and location of said hearing. The determination of the City
Council shall be final.
2-4
Delete, “who is listed in the latest ersion of U.S. Department of Treasury Circular 570,”.
CONTRACT BONDS, modify the second sentence of paragraph one as follows:
Modify paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful performance/warranty bond shall be in the amount of 100 percent of the contract price.
The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an
amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount papble does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten
million dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the
contract exceeds ten million dollars ($1 0,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project
until they are released according to the prowsions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30
days after recordation of the Notice of Completion and will remain in full force and effect for the
one year warranty period and until all warranty repairs are completed to the satisfaction of the
Engineer. The bonds to secure payment of laborers and materials suppliers shall be released
six months plus 30 days after recordation of the Notice of Completion if all claims have been
paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain
the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authoriang the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer’s certificate as
defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial
statement may be verified by the oath of the principal officer or manager residing within the
United States. e \# Revised 7/29/02 Contract No. 3840-2 Page 43 of 66
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 2003 Edition, and the 2003
supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint
Cooperative Committee of the Southern California Chapter American Public Works Association
and Southern California Districts Associated General Contractors of California, and as amended
by the Supplemental Provisions section and the Technical Specifications section of this contract.
2-52 If there is a conflict
between Contract Documents, the document highest in precedence shall control. The
precedence shall be the most recent edition of the following documents listed in order of highest
to lowest precedence:
1) Permits from other agencies as may be required by law.
2) Technical Specifications in this document.
3) Supplemental Provisions, with appendices.
4) Standard Plans.
Precedence of Contract Documents, modify as follows:
a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction.
6) Reference Specifications.
7) Manufacturer's Installation Recommendations.
Chan,ge Orders, Supplemental Agreements and approved revisions to Plans and Specifications
will take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.9. The label '4-C' would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of
transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number. 2) Number of complete sets.
3) Contractor's certification statement.
4) Specification section number(s) pertaining to material submitted br review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documen$.
4). t8 Revised 7/29/02 Contract No. 3840-2 Page 44 of 66
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's
that they are in conformance with the requirements of the Contract Documents. The Contractor
shall subscribe to and shall place the bllowing certification on all submittals:
1 certification that the Contractor has reviewed, checked, and approved the Shop Drawings and
"I hereby certify that the (equipment, material) shown and marked in this submittal is that
proposed to be incorporated into this Project, is in compliance with the Contract Documents, can
be installed in the allocated spaces, and is submitted br approval."
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-
built" record set of blue-line prints, which shall be corrected in red daily and show every change
from the original drawings and specifications and the exact "as-built" locations, sizes and kinds
of equipment, underground piping, valves, and all other work not visible at surface grade. Prints
for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on
the job and shall be used only as a record set and shall be delivered to the Engineer within ten
(1 0) days of completion of the work. Payment for performing the work required by section 2-5.4
shall be included in the various bid items and no additional payment will be made therefore.
2-9 SURVEYING
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following:
The Contractor shall not cover or disturb permanent survey monuments or benchmarks without
the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that
protecting an existing monument in place is impractical, the Contractor shall employ a licensed
land surveyor or a registered civil engineer authorized to practice land surveying within the State
of California, hereinafter Surveyor, to establish the location of the monument before it is
disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty
(30) days after construction at the site of the replacement is completed. The Surveyor shall file
corner record(s) as required by $5 8772 and 8773, et seq. of the California Business and
Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and
cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise.
Monument frames and covers shall be protected during street sealing or painting projects or be
cleaned to the satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor
shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work
necessary for establishing control, construction staking, records research and all other surveying
work necessary to construct the work, provide surveying services as required herein and provide
surveying, drafting and other professional services required to satisfy the requirements of the
Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and
shall personally supervise and certify the surveying work.
ern tS Revised 7129102 Contract No. 3840-2 Page 45 of 66
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets
to the Engineer before commencing work in the area affected by the grade sheets. The
Contractor shall submit field notes for all surveying required herein to the Engineer within ten
days of performing the survey. All surveying field notes, grade sheets and survey calculations
shall be submitted in bound form on 215mm by 280 mm (8’/2” by 11”) paper. The field notes,
calculations and supporting data shall be clear and complete. Supporting data shall include all
maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the
Surveyor to determine the location of the monuments set. The field notes and calculations will
be labeled with name of the Surveyor, the party chief, field crew members and preparer of the
field notes or calculations. They shall be annotated with the date of observation or calculation,
be numbered with consecutive page numbers and shall be readable without resort to any
electronic aid, computer program or documentation for any computer program. The field notes
shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall
have a Record of Survey prepared by the Surveyor and file it in conformance with 5s 8700 -
8805 of the State of California Business and Professions Code when the Surveyor performs any
surveying that such map is required under §§ 8762 of the State of California Business and
Professions Code and whenever the Surveyor shall establish, set or construct any permanent
survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails
(when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or
accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings
and all other data needed to determine the procedure of survey and the degree of accuracy
attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of
closure shall not exceed 1 part in 40,000. The record of survey shall show the location and
justification of location of all permanent monuments set and their relation to the street right-of-
way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before
submittal to the County Surveyor and before submittal to the County Recorder.
Add the following section:
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing.
Staking and marking shall be completed by the Surveyor and inspected and approved by the
Engineer before the start of construction in the area marked.
e* tS Revised 7/29/02 Contract No. 3840-2 Page 46 of 66
TABLE 2-9.2.2(*
Survey Requirements for Construction Staking
Setting Tolerance Feature
Staked
Street
Centerline
7 mm (0.02’)
Horizontal, also
see section 2-9.2.1 herein
0.3 m (1’) H orizonta I Clearing
Slope
Fence
tough Grade
:uts or Fills 2 10 m (33’)
Final Grade
includes top
If: Basement
;oil, subbase
and base)
Asphalt
Pavement
inish Course
Drainage Structures, Pipes &
similar
Utilities 0,
8
Signs 0
Pavement Markers@
0 Stakinr
Stake
Description 0
Monument SDRS M-10
Lath in soil, painted line on
PCC & AC
surfaces
RP + Marker Stake
RP + Marker
Stake
RP + Marker Stake
RP + Marker Stake, Blue-top
in grading area
RP, paint on xevious course
RP + Marker Stake
RP + Marker
Stake
RP + Marker
Stake + Line
Point +Guard
Stake
RP
or feature mav
Centerline or Parallel to Centerline
Spacing@, 8
5300m (IOOO’), Street Intersections, Begin and end of
curves, only when shown on the plans
lath - Intervisible, I 15m (50’) on tangents
& 5 7.5m (25’) on curves, Painted line - continuous
Intervisible and 1 15m (50’)
I 60 m (200’) on tangents, s 15m (50’) on curves when
Rz 300m (1000’) & 7.5m (25) on curves when RI 300m
I1 0009
5 15m (50’)
~
’ 15 m (50’) on tangents & curves when R2 300m (1000’:
& 1 7.5m (25’) on curves when R 5 300m (1 000’)
< 7.5m (25’) or as per the intersection grid points shown
on the plan whichever provides the denser information
intervisible 8. I 7.5m (25’), beginning and end, BC & EC
3f facilities, Grade breaks, Alignment breaks, Junctions,
?lets 8 similar facilities, Risers & similar facilities (excepi
plumbing), Skewed cut-off lines
15 m (50’) on tangents & curves when F& 300m (1 000’:
& 5 7.5m (25’) on curves when R 1 300m (1000’) or
where grade I 0.30%
At sign location
60 m (200’) on tangents, 15m (50’) on curves when R 2
300m (1 000’) &7.5rn(25’) on curves when R I 300m
(1 000’) For PCC surfaced streets lane cold joints will
suffice
! omitted when adiacent marker stakes reference the (
Lateral
Spacing €9, &,
on street
centerline
at clearing line
Grade Breaks
8 17.6 m (25’)
NIA
(constant
offset)
NIA
16.7 m (22’)
edge of
pavement,
paving pass
width, crown line & grade
breaks
as appropriate
as appropriate
Line point
at pavement marker
location(s)
set and elevati
IWithin)
30 mm (0.1’) Vertical &
Horizontal
30 mm (0.1’)
Horizontal
30 mm (0.1’)
Vertical & Horizontal
10 mm (‘18”)
Horizontal & 7 mn
(l/dn) Vertical
10 mm (%”)
Horizontal & 7 mn
(l/qW) Vertical
10 mm (“/8”)
Horizontal & 7 mn
(l/4”) Vertical
10 mm (%”)
Horizontal 8 7 mn
(‘/4”) Vertical
30 mm (0.1’)
Vertical 8
Horizontal
7 mm (’/4”) Horizontal
i of those
features
Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout
the installation 8. inspection of the features or adjacent facilities for which they provide control. RP means
reference point for the purposes of this table 0 Perpendicular to centerline.
@ Some features are not necessarily parallel to centerline but are referenced thereto
0 2 means greater than, or equal to, the number following the symbol. I means less than, or equal to, the number following the symbol.
The cut datum for storm drainage 8. sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit.
and the accuracy requirements of the RP meet the requirements for the feature
Ql
All guard stakes, line stakes and lath shall be lagged. Unless otheMlise approved by the
Engineer flagging, paint and marking cards shall be the color specited in TABLE 2-9.2.2(B)
4% b Revised 7/29/02 Contract No. 3840-2 Page 47 of 66
TABLE 2-9.2.2(8)
Survey Stake Color Code for Construction Staking
Horizontal Control
Vertical Control
Clearing
Grading
I I I Type of Stake Description Color* I Coordinated control points, control lines, control reference points, centerline,
alignments, etc.
Bench marks W hitelorange
Limits of clearing Yellow/Black
Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow
WhitelRed
Structure
Drainage, Sewer, Curb
Right-of-way
Miscellaneous
Bridges, sound and retaining walls, box culverts, etc.
Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc.
Fences, W W lines, easements, property monuments, etc.
Signs, railings, barriers, lighting, etc.
White
Blue
W hiteNellow
Orange
Add the following section:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of
Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work
and no additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made therefor.
Payment for the replacement of disturbed monuments and the filing of records of survey and/or
corner records, including filing fees therefor, shall be incidental to the work necessitating the
disturbance of said monuments and no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide
copies of all records in the Contractor‘s or subcontractor’s possession pertaining to the work that
the Engineer may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its
subcontractors performance pursuant to this Agreement, said monitoring, assessments, and
evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts,
subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this
contract. At any time during normal business hours and as often as the Engineer may deem
necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for
examination, all of its, and all subcontractors to this contract, records with respect to all matters
covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts
or transcripts from such data and records, and to make audits of all invoices, materials, payrolls,
.records of personnel, and other data relating to all matters covered by this Contract. However,
any such activities shall be carried out in a manner so as to not unreasonably interfere with
Contractor’s ongoing business operations. Contractor and all subcontractors to this contract
shall maintain such data and records for as long as may be required by applicable laws and
regulations.
’
4- ks Revised 7/29/02 Contract No. 3840-2 Page 48 of 66
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows:
Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract.
3-3.2.3 Markup,
(a) costs and shall constitute the markup Tor all overhead and profits:
Delete sections 3-3.2.3 (a) and (b) and replace vith the following: Work by Contractor. The following percentages shall be added to the Contractor's
Labor ................................... 20 Materials 15 Equipment Rental 15 Other Items and Expenditures .. 15
1) 2) 3)
4) To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS.
............................. ...................
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first
given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The
Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith.
b Revised 7/29/02 Contract No. 3840-2 Page 49 of 66
The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims
Act, Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptlytaken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: . 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management and Inspection
4. Deputy Public Works Director 5. Public Works Director 6. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said .additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change
order provisions in the contract.
4- %# Revised 7/29/02 Contract No. 3840-2 Page 50 of 66
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing
with Section 201 04) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five
thousand dollars ($375,000) or less vlhich arise between a contractor and a local agency
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code,
except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the
local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1 , 1991.
20104.2. For any claim subject to this article, the kllowing requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is
intended to extend the time limit or supersede notice requirements otherwise provided by
contract for the filing of claims.
(b)( 1 ) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the dah, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or
relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to
this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted
to the claimant within 15 days after receipt of the further documentation or within a period of time
no greater than that taken by the claimant in producing the additional information, whichever is
greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt
of the claim, any additional documentation supporting the claim or relating to defenses to the
claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to
this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be Submitted
to the claimant within 30 days after receipt of the further documentation, or within a period of
time no greater than that taken by the claimant in producing the additional information or
requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to
respond within the time prescribed, the claimant may so notify the local agency, in writing, either
within 15 days of receipt of the local agency's response or within 15 days of the local agency's
failure to respond within the time prescribed, respectively, and demand an informal conference
to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency
e- t? Revised 7/29/02 Contract No. 3840-2 Page 51 of 66
shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter I (commencing with Section 900) and Chapter
2 (commencing with Section 91 0) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within 'which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision
(a) until the time that claim is denied as a result of the meet and confer process, including any
period of time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims
subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the
court shall submit the matter to nonbinding mediation unless wived by mutual stipulation of both
parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both
parties. If the parties fail to select a mediator within the 15-day period, any party may petition the
court to appoint the mediator:
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant
to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 11 41.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil
procedure) shall apply to any proceeding brought under the subdivision consistent with the rules
pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable
hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid
equally by the parties, except in the case of arbitration where the arbitrator, for good cause,
determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .lo) Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but
does not obtain a more favorable judgment shall, in addition to payment of costs and fees under
that chapter, pay the attorneys fees of the other party arising out of the trial de nom.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation
or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed
in a court of law.
em %$ Revised 7/29/02 Contract No. 3840-2 Page 52 of 66
SECTION 4 - CONTROL OF MATERIALS
4-.l MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
access to any and all parts of work at any time. Such free and safe access shall include means
of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining
to the safety of persons as contained in the State of California, California Code of Regulations,
Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction
Safety Orders and such other safety regulations as may apply. Contractor shall furnish
Engineer with such information as may be necessary to keep the Engineer fully informed
regarding progress and manner of work and character of materials. Inspection or testing of the
whole or any portion of the work or materials incorporated in the work shall not relieve
Contractor from any obligation to fulfill this Contract.
4-1.4
the third sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear
the cost of testing of locally produced materials and/or on-site workmanship where the results of
such tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from
At the option of the Engineer, the source of supply of each of the materials shall be approved by
the Engineer before the delivery is started. All materials proposed for use may be inspected or
tested at any time during their preparation and use. If, after incorporating such materials into the
Work, it is found that sources of supply that have been approved do not furnish a uniform
product, or if the product from any source proves unacceptable at any time, the Contractor shall
furnish approved material from other approed sources. If any product proves unacceptable after
improper storage, handling or for any other reason it shall be rejected, not incorporated into the
work and shall be remowsd from the project site all at the Contractor‘s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the
substitution is determined to be unsatisfactory in performance, appearance, durability,
compatibility with associated items, availability of repair parts and suitability of application the
Contractor shall remove the substituted item and replace it with the originally specified item at
no cost to theAgency.
em ts Revised 7129102 Contract No. 3840-2 Page 53 of 66
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm
the quantity and quality received, prepare storage area(s), store, handle, protect, move,
relocate, remove and dispose excess of all materials used to accomplish the Work. Materials
shall be delivered to the site of the work only during working hours, as defined in section 6-7.2,
and shall be accompanied by bills of lading that shall clearlystate for each delivery: the name of
the Contractor as consignee, the project name and number, address of delivery and name of
consignor and a description of the material(s) shipped. Prior to storage of any materials which
have been shipped to or by the Contractor to any location within the Agency‘s boundaries the
Contractor shall provide the Engineer a copy of lease. agreements for each property where such
materiais are stored. The lease agreement shall clearly state the term of the lease, the
description of materials allowed to be stored and shall provide for the removal of the materials
and restoration of the storage site within the time allowed for the Work. All such storage shall
conform to all laws and ordinances that may pertain to the materials stored and to preparation
of the storage site and the location of the site on which the materials are stored. Loss, damage
or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to
the requirements of this section, both within and outside the limits of work are a part of the
Work. The Engineer shall have the right to verify the suitability of materials and their proper
storage at any time during the Work.
SECTION 5 - UTILITIES
5- I LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility
companies have, by a search of known records, endeavored to locate and indicate on the Plans,
all utilities which exist within the limits of the work. However, the accuracy and/or completeness
of the nature, size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work
with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all
curb or curb and gutter that is a part of the work and adjacent to the location where such utility
structures are shown on the plans and are noted as being located, relocated or are otherwise
shown as installed by others. In order to minimize delays to the Contractor caused by the failure
of other parties to relocate utilities that interfere with the construction, the Contractor, upon the
Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the
utility. If such temporary omission is approved by the Engineer the Contractor shall place survey
or other physical control markers sufficient to locate the curb or curb and gutter to the
satisfaction of the utility agency or company. Such temporary omission shall be for the
Contractor’s convenience and no additional compensation will be allowed therefore or for
additional work, materials or delay associated with the temporary omission. The portion thus
omitted shall be constructed by the Contractor immediately following the relocation of the utility
involved unless otherwise directed by the Engineer.
e- \# Revised 7/29/02 Contract No. 3840-2 Page 54 of 66
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6- 1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Add the following section: 6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s
preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. ’
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Project Meetings. The Engineer will establish the time and location of weekly.
Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative.
The Project Representative shall be the individual determined under section 7-6, “The
Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor,
the Contractor’s Representative or any other employee or subcontractor or subcontractor’s
employee at these meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written
notice to the Engineer within two hours of the beginning of any period that the Contractor has
placed any workers or equipment on standby for any reason that the Contractor has determined
to be caused by the Agency or by any organization that the Agency may otherwise be obligated
by. The Contractor shall provide continuing daily written notice to the Engineer, each working
day, throughout the duration of such period of delay. The initial and continuing written notices
shall include the classification of each workman and supervisor and the make and model of
each piece of equipment placed on standby, the cumulative duration of the standby, the
Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor
could not avoid the delay by reasonable means. Should the Contractor fail to provide the
notice(s) required by this section the Contractor agrees that no delay has occurred and that it \hill
not submit any claim(s) therefore.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently complete
all field work within 14 calendar days following mobilization. All work to be completed within
45 calendar days of the notice to proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the
Engineer, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays
through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of
the Engineer if the Contractor desires to work outside said hours or at any time during weekends
and/or holidays. This written permission must be obtained at least 48 hours prior to such work
The Engineer may approve work outside the hours and/or days stated herein when, in hidher
sole opinion, such work conducted by the Contractor is beneficial to the best interests of the
Agency. The Contractor shall pay the inspection costs of such work.
ew E? Revised 7/29/02 Contract No. 3840-2 Page 55 of 66
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the
following: -
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and
the Engineer is satisfied that all the materials and workmanship, and all other features of the
Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim
or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in
the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may
accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause
a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of
recordation shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (1 ) year after recordation of the “Notice of Completion” and any
faulty work or materials discovered during the warranty period shall be repaired or replaced by
the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be
retained as a warranty bond for the one year warranty period.
An additional five year (5) warranty is specified in section 09881 and section 09885 of the
Technical Specifications in this contract. There will be no retention of the faithful performance
bond for the five (5) year warranty.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph
and add the following: For each consecutive calendar day in excess of the time specified for
completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or
have withheld monies due it, the sum of$l,500.00 Dollars (one-thousand five-hundred dollars).
Execution of the Contract shall constitute agreement by the Agency and Contractor that
$1,500.00 Dollars (one-thousand five-hundred dollars) per day is the minimum value of costs
and actual damages caused by the Contractor to complete the Work within the allotted time. Any
progress payments made after the specified completion date shall not constitute a waiver of this
paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best‘s Key
Rating Guide of at least A-:V and are admitted and authoriied to conduct business in the shte of
California and are listed in the official publication of the Department of Insurance of the State of
California.
7-4 WORKERS’ COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized
to conduct business in the state of California and are listed in the official publication of the
Department of Insurance of the State of California. Policies issued by the State Compensation
Fund meet the requirement br workers’ compensation insurance.
4- r.9 Revised 7/29/02 Contract No. 3840-2 Page 56 of 66
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall
obtain and pay for all permits for the disposal of all materials removed from the project. The cost
of said permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefore.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 The Contractor shall coordinate and cooperate with all the utility
companies during the relocation or construction of their lines. The Contractor may be granted a
time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No
additional compensation will be made to the Contractor br any such delay.
Coordination.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required
herein shall also be executed on weekends and other non-working days when needed to
preserve the health safety or welfare of the public. The Contractor shall conduct effective
cleanup and dust control throughout the duration of the Contract. The Engineer may require
increased levels of cleanup and dust control that, in hidher sole discretion, are necessary to
preserve the health, safety and welfare of the public. Cleanup and dust control shall be
considered incidental to the items of work that they are associated with and no additional
payment will be made therefore.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall
obtain a construction meter for water used for the construction, plant establishment,
maintenance, cleanup, testing and all other work requiring water related to this contract. The
Contractor shall contact the appropriate water agency for requirements. The Contractor shall
pay all costs of temporary light, power and water including hookup, service, meter and any, and
all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to
the items of work that they are associated with and no additional payment will be made
therefore.
7-8.6 Water Pollution Control. Add the following: The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in
accordance with the California Regional Water Quality Control Board, San Diego Region Order
2001-01, NPDES No. CASOl08758, February 21,2001, and the "Water Discharge Requirement
for Discharges of Storm Water Runoff Associated with Construction Activity".
In addition to the above requirements, the Contractor shall adhere to best management
practices (BMPs) as noted on the plans, Water Pollution Control Plan (WPCP), and as detailed
in the Caltrans Construction Site Best Wnagement (BMPs) Manual, November 2000 edition.
The WPCP and excerpts from the Caltrans Construction Site Best Wnagement (BMPs) Manual,
detailing the above BMPs, are contained in Appendix D. Specifically, the following minimum
BMPs shall be implemented by the contractor:
em
Revised 7/29/02 Contract No. 3840-2 Page 57 of 66
ID
ss-I
ss-2
SS-3 or SS-6
SC-6
sc-7
sc-10
NS-6
NS-7
NS-8
NS-9
NS-10
WM-1
W M-2
W M-4
W M-5
WM-9
Add the following section:
7-8.8 Noise Control.
BMP Name
Scheduling
Preservation of Existing Vegetation
Hydraulic Mulch or Straw Mulch
Gravel Bag Berm
Street Sweeping and Vacuuming
Storm Drain Inlet Protection
Illicit Connection/lllegal Discharge Detection and Reporting
Potable WaterAmgation
Vehicle and Equipment Cleaning
Vehicle and Equipment Fueling
Vehicle and Equipment Maintenance
Material Delivery and Storage
Material Use
Spill Prevention and Control
Solid Waste Management
SanitaryKeptic Waste Management
All internal combustion engines used in the construction shall be
equipped with mufflers in good repair when in use on the project with special attention to the City
Noise Control Ordinance, Carlsbad hrlunicipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traftic and/or parking or pedestrian routes, the Contractor shall give written notification to all residences on Winthrop Avenue.
The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24 hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-112 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point.
An example of such notice is provided in Appendix “G”.
Revised 7/29/02 Contract No. 3840-2 Page 58 of 66
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in adwnce of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-1 0.3 Modify the second paragraph as follows:
After obtaining the Engineers approval and at least 5 working days before closing, detouring,
partially closing or reopening any street, alley or other public thoroughfare the Contractor shall
notify the following : 1) The Engineer ...................................................................................... (760) 438-1161X4411
2) Carlsbad Fire Department Dispatch .................................................. (760) 931-21 97 3) Carlsbad Police Department Dispatch ............................................... (760) 931-21 97
6) North County Transit District .............................................................. (760) 743-9346
Street Closures, Detours, Barricades.
4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980x2937
5). Carlsbad Traffic Signals Operations .................................................. (760) 438-11 61x4500
7) Coast Waste Management ................................................................ (760) 929-9400 .
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s written approval prior to deviating from the requirements of 2) through, and including, 7) above.
The Contractor shall obtain the written approval no less than five working days prior to placing
any traffic control that affects bus stops.
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation “Manual
of Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the
traffic control system is damaged, displaced, or ceases to operate or function as specified, from
any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component
to its original location. In the event that the Contractor fails to install and/or maintain barricades
or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at hidher sole option, insiall the traffic signs, markings, delineation or deices and charge the Contractor twenty dollars ($25.00) per day per, traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater.
w %# Revised 7/29/02 Contract No. 3840-2 Page 59 of 66
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and
control devices shall be maintained throughout the duration of work in good order and according
to the approved traffic control plan. All construction area signs shall conform to the provisions of
section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the
provisions of section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the
provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking,
and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all
temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and
section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices
installed or placed to provide traffic control, direction and/or warning shall be furnished, installed
and maintained by the Contractor. Warning and advisory signs, lights and devices shall be
promptly removed by the Contractor when no longer required. Warning and advisory signs that
remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-
existent conditions shall be removed from the traveled way and from the view of motorists in the
traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for
signs in order to protect underground facilities. All excavation required to install stationary
construction area signs shall be performed by hand methods without the use of power
equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the
view of the traveling public during non-working hours. During the hours of darkness, as defined
in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or,
at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et
seq. If illuminated traffic cones rather than post-type delineators are used during the hours of
darkness, they shall be affixed or covered with reflective cone sleeves as specified in
CALTRANS “Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Personal
vehicles of the Contractor’s employees shall not be parked within the traveled way, including any
section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on
the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent
traffic cones or portable delineators placed on a taper in advance of the parked vehicles or
equipment and along the edge of the pavement at not less than 7.6 m (25’) intervals to a point
not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9)
cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24
(Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping
flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer.
Add the following section:
7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 2 feet,
nor operate equipment within 2 feet from any traffic lane occupied by traffic. For equipment the
2 feet shall be measured from the closest approach of any part of the equipment as it is
operated and/or maneuvered in performing the work. This requirement may be waived when the
Engineer has given written authorization to the reduction in clearance that is specific to the time,
duration and location of such waiver, when such reduction is shown on the traffic control plans
included in these contract documents, when such reduction is shown on the traffic control plans
prepared by the Contractor and approved by the Engineer or for the work of installing,
maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic
lane, close the adjacent traffic lane or provide barriers.
During the entire construction, a minimum of one paved traffic lane, not less than 12 feet wide,
shall be open for use by public traffic in each direction of travel.
e* t# Revised 7/29/02 Contract No. 3840-2 Page 60 of 66
Add the following section:
7-1 0.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans,
CALTRANS “Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic”
elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the
Contractor from its responsibility to provide such additional devices or take such measures as
may be necessary to maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traeled way and shoulder at the end wrk period. If the
Contractor so elects, said components may be stored at selected central locations, approved by
the Engineer, within the limits of the right-of-way.
Add the following section:
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control
System for Lane Closure” of these Supplemental Provisions or by use of an alternative traffic
control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not
start traffic striping operations using an alternative plan until the Contractor has submitted its
plan to the Engineer and has receiwd the Engineer’s written approval of said plan.
Add the following section:
7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be
furnished, placed, maintained and removed in accordance with the minimum standards specified
in Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work
causes obliteration of pavement delineation, temporary or permanent pavement delineation shall
be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement
delineation shall be provided at all times for traveled ways open to public traffic. All work
necessary, including any required lines or marks, to establish the alignment of temporary
pavement delineation shall be performed by the Contractor. When temporary pavement
delineation is removed, all lines and marks used to establish the alignment of the temporary
pavement delineation shall be remoed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose
material. Temporary pavement delineation shall not be applied over existing pavement
delineation or other temporary pavement delineation. Temporary pavement delineation shall be
maintained until superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a
new traffic pattern for the area and is no longer required for the direction of public traffic. When
temporary pavement delineation is required to be remoed, all lines and marks used to esbblish
the alignment of the temporary pavement delineation shall be remoed.
Add the following section:
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic
Control Plan Sheets. If the Contractor elects to modify TCP included in the project plans, the
Contractor shall have such new or modified TCP prepared and submitted as a part of the Work
for any and all construction activities that are located within the traveled way. The Contractor
shall have TCP prepared and submitted as a part of the Work for any construction activities that
are a part of this project that are not included in the project plans. The Contractor must submit
the TCP for the Engineer’s review in conformance with the requirements of section 2-5.3, et seq.
and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20 day
review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each
*m h? Revised 7/29/02 Contract No. 3840-2 Page 61 of 66
submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP
submittals shall include all TCP needed for the entire duration of the Work. Each phase of the
TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths,
curve radii, stationing of features affecting the traffic control plan and the methodology proposed
to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface
differs from the finished pavement elevation vertical curves must also be shown. The Contractor
may choose to modify, add to or supplement the TCP shown on sheets 6 through 9 of Drawing
401-8 of the contract documents or substitute TCP to further its own interests. Such substitution
shall be prepared in type and kind as sheets 6 through 9 of Drawing 401-8. The level of detail,
format, and graphics shall be of quality and size no less than shown on sheets 6 through 9 of
Drawing 401-8. Such modifications, supplements and/or new design of TCP shall meet the
requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS', 1996 Edition as
published by the State of California Department of Transportation. Such modification, addition,
supplement, and/or new design of TCP shall be prepared by a registered professional engineer
appropriately registered in the State of California. The Engineer shall be the sole judge of the
suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP
when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to
the TCP prepared by the registered professional engineer retained by the Contractor will be
beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or
new design shall not be implemented and no work shall be commenced that is contingent on
such approval until the changed TCP are approved by the Engineer. The preparation of such
modification, addition, supplement, and/or new designs of TCP shall not presuppose their
approval or obligate the Agency in any fashion. Submittal and review requirements for such
modifications, supplements, and/or new designs to TCP shall conform to the requirements of
section 2-5.3 Shop DraMn'ngs and Submittals.
Add the following section:
7-10.3.7 Payment.
The Contractor shall prepare and implement traffic control plans and shall furnish all labor and
materials to perform, install, maintain, replace and remove all traffic control as incidentals to the
work with which they are associated and no other compensation \hill be allowed therefor.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all
necessary precautions for the safety of employees on the work and shall comply with all
applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being
performed. The Contractor shall erect and properly maintain at all times, as required by the
conditions and progress of the work, all necessary safeguards for the protection of workers and
public, and shall use danger signs warning against hazards created by such features of
construction as protruding nails, hoists, well holes, and falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this
work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or
possible materials, such as borrow pits or gravel beds, for use in the proposed construction
project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the
conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall
become conditions of the contract.
em &$ Revised 7/29/02 Contract No. 3840-2 Page 62 of 66
SECTION 9 -- MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4
shall be the U.S. Standard Measures.
Units of Measurement, modify as follows: The system of measure for this contract
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee
periods shall not be affected by any payment but shall commence on the date of recordation of
the “Notice of Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the
following: Each month, the Engineer will make an approximate measurement of the work
performed to the closure date as basis for making monthly progress payments. The estimated
value will be based on contract unit prices, completed change order work and as provided for in
Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no
later than thirty (30) calendar days after the closure date. Five (5) working days following the
closure date, the Engineer shall complete the detailed progress pay estimate and submit it to
the Contractor for the Contractor’s information. Should the Contractor assert that additional
payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate,
submit a supplemental payment request to the Engineer with adequate justification supporting
the amount of supplemental payment request. Upon receipt of the supplemental payment
request, the Engineer shall, as soon as practicable after receipt, determine whether the
supplemental payment request is a proper payment request. If the Engineer determines that
the supplemental payment request is not proper, then the request shall be returned to the
Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned
request shall be accompanied by a document setting forth in writing the reasons why the
supplemental payment request was not proper. In conformance with Public Contract Code
Section 20104.50, the City shall make payments within thirty (30) days after receipt of an
undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days
after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the
legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final
Payment Estimate and process a corresponding payment. This estimate will be in writing and
shall be for the total amount owed the Contractor as determined by the Engineer and shall be
itemized by the contract bid item and change order item with quantities and payment amounts
and shall show all deductions made or to be made for prior payments and amounts to be
deducted under provisions of the contract. All prior estimates and progress payments shall be
subject to correction in the Final Paynent Estimate.
4- ts Revised 7/29/02 Contract No. 3840-2 Page 63 of 66
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in suficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials. incorporated into the All not be included in the progress estimate.
Add the following section:
9-3.4.1 Mobilization and Preparatory Work.
will be included in the various items of work and no other payment will be made.
The cost of materials and equipment delivered but not
Payment for mobilization and preparatory Work
%I$ Revised 7/29/02 Contract No. 3840-2 Page 64 of 66
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 5, SYSTEM REHABILITATION
SECTION 500 - MANHOLE AND STRUCTURE REHABILITATION
500-2.3.6 Sewer Bypassing and Dewatering. Add the following to the end of the first
paragraph:
The work of this Section includes the requirements for installation of a sewer bypass system to
divert sewer flow from the lift station wet well in conformance with these specifications and the
contract documents. At no time will the bypass system be allowed to fail as described in this
Section. The Contractor shall take all precautions and steps necessary to maintain the bypass
system 24 hours a day while the project is under construction. Any spills or flow of sewage other
than through the bypass system and trunk sewer shall result in immediate shutdown of the
project and the Contractor will incur liquidated damages. The Contractor will be required to clean
up all spills per direction of the City or other governing agencies. All cost for cleanup of spilled
sewage will be borne by the Contractor. The Contractor shall submit a sewer bypass plan and
later meet with the Engineer and City’s Maintenance and Operations representative after the
review of the bypass plan by the Engineer to discuss concerns and details of the plan.
Contractor shall have obtained approval of the bypass plan and met with the City prior to any
installation of the bypass system. Forty-eight hours prior to implementation of the approved
bypass plan, the Contractor shall contact the City to coordinate shutting down the lift station to
facilitate installation of the bypass system.
Add the following section:
500-2.3.6.1 Contractor Submittals
The Contractor shall submit the hollowing prior to commencement ofwork.
A. Sewer Bwass Plan: A sewer bypass plan shall be submitted to the Engineer for approval.
Approval must be attained prior to placement of any bypass equipment on the project. The
sewer bypass plan shall include, but not be limited to the following:
Drawings showing the location of piping, all appurtenances, trunk sewer main and
lateral connections, etc.
Calculations showing that the proposed bypass system meets the design capacity
requirements of this Section.
Name and manufacturer designation of equipment used in sewer bypass system.
Name, address, phone and fax number, e-mail, and contact name of bypass system
manufacturer, or representative.
Emergency sewer bypass contingency plan.
Name, address, and phone number of all personnel in-charge of and overseeing
bypass system, and all personnel maintaining bypass system.
Name, address, phone number, and pager number of two (2) contacts employed by the
Contractor that can be called by the City, Engineer, or other appointed representative
for emergencies 24 hours a day.
c$ Revised 7/29/02 Contract No. 3840-2 Page 65 of 66
Add the following section:
500-2.3.6.2 Products The Contractor shall furnish and install all sewer bypass system equipment required for construction of the Villas Lift Station Wet Well Sewer Rehabilitation Project per the Contract Documents. The sewer bypass system shall include all pipe, pumps, power sources, and stand-by equipment to provide a complete and operable system to bypass the entire flow of the trunk sewer system, as specified and shown on the Contract Documents.
Add the following section:
500-2.3.6.3 Sewer Bypass System The sewer bypass system shall be subject to the bllowing requirements and regulations:
A. The Contractor when and where required, shall probide diversion for the wet well rehabilitation operation, by means of a bypass system. The bypass lines shall be of adequate size and provide adequate capacity to handle all flows to be diverted. The bypass system shall be designed to meet a maximum flow of 150 gallons per minute.
B. The Contractor shall be responsible br continuity of sanitary sewer service to each facility connected to the section of sewer under construction during the exxution of work.
C. Spare bypass piping shall be available on-site in case of failure of the duty piping.
D. If sewage backup occurs and enters buildings, houses, or surcharges abow the surface of the existing ground, the Contractor shall be responsible br clean up, repair, property, damage costs, and claims.
E. All costs for the bypass system shall include costs for all requirements described in this Section.
Add the following section: 500-2.3.6.4 Sewer Bypass System Meeting The Contractor, City, and Engineer shall meet at a designated date and location set by the Engineer and City, after submittal and review of the bypass system plan by the Engineer and City. This meeting will be conducted by the Engineer and City. This meeting is designed to allow both the Contractor, City, and Engineer to discuss issues and wncems on the bypass system and plan. Final approval of the bypass system plan will not take place until completion of the meeting and all changes to the plan required by the Engineer and City are met by the Contractor.
Add the following section: 500-2.3.6.5 Execution The Contractor shall install the sewer bypass system in accordance with the approved bypass system plan. All installation shall conform to this Section.
Add the following section: 500-2.3.6.6 Sewer Bypass System Information
A. The bypass system shall be installed and operational prior to commencement of sewer rehabilitation per the Specifications of this Section.
B. The bypass system shall be operational during the entire time to remove and replace the project access holes and complete all connections. This will include nighttime operation of the bypass system.
C. Appendix D is a map of the sewer system for bypass information; it is not an
approved bypass plan for this project.
D. AT NO TIME SHALL THE BYPASS SYSTEM BE ALLOWED TO FAIL. All costs related to spills or backups due to the failure of the bypass system shall be borne by the Contractor.
e= %# Revised 7/29/02 Contract No. 3840-2 Page 66 of 66
CITY OF CARLSBAD
San Diego County
California
TECHNICAL SPECIFICATIONS
FOR
VILLAS LIFT STATION WET
WELL REHABILITATION
PROJECT
CONTRACT NO. 3840-2
October 2003
SECTION 01010
GENERAL SCOPE OF WORK
AND PROCEDURES OF CONSTRUCTION
FOR VILLAS LIFT STATION WET WELL REHABILITATION
PART 1 --GENERAL
1.1 WORK REQUIRED UNDER CONTRACT DOCUMENTS
A. The work generally includes, but is not limited to, furnishing products, labor, tools,
transportation, and service to construct complete the following:
1. Perform all operations in a courteous, businesslike manner, as quietly as possible
recognizing the close proximity of numerous full time residents.
2. Thoroughly clean the Villas Lift Station’s 6 foot diameter, 24 foot deep wet well
and remove the existing polyurethane coating from the interior of the Villas Lift
Station wet well.
3. Prepare the wet well’s surface for applying the new liner. Install the restoration
PVC lining system in accordance with the contract specifications and
manufactures’ recommendations.
4. Isolate the lift station’s wet well from the sewage system by plugging the two
pipeline inlets.
5. Submit and acquire the City’s approval and implement a wastewater bypass plan
in according to Part 5, Section 500 of the Supplemental Provisions in this
contract. The wet well will be taken out of operation throughout the removal,
preparation, and installation process.
6. Assist City crews in placing the pump station back into service.
7. All work is to be covered by a warranty for five (5) years by both the liner
manufacturer and the Contractor.
1.2 PROJECT LOCATION
A. The project it located at 2860 Winthrop Lane in the northeastern quadrant of
Carlsbad, California.
B. See Appendices “A” and “B”
October 2003
Villas Wet Well Restoration Specifications
Contract No. 3 840-2
GENERAL SCOPE OF WORK
01010-Page 1 of4
PART 2-PRODUCTS
A. Section 09881 : Plastic Lining for Structures (Arrow-Lock).
B. Section 09885: Chemically Bonded Plastic Coating System for Concrete Surfaces
(Linabond).
PART 2-EXECUTION
A. REQUIREMENTS OF CONSTRUCTION:
1.
2.
3.
4.
5.
7.
8.
9.
Acquire approved bypass plan per Supplemental Provisions Part 5, Section 500.
Provide City approved traffic control plans and implement trafic control.
Provide 72 hour notification prior to commencement of work, to all residences on
Winthrop Avenue.
Isolate pump station wet well from sewer system with implementation of
approved bypass plan, see Exhibit “C”.
All pipe, fittings and appurtenances used for the temporary suction line to the
existing lift station pumps, as shown in exhibit “Cy’ shall become the property of
the City following the completion of the work. The suction line shall be
disassembled, cleaned, disinfected and delivered to the City’s Public Works
Operation and Maintenance Dept. at 5950 El Camino Real.
Clean wet well with high-pressure water jet and remove water and residual debris
prior to removal of existing liner.
Wastewater solids/debris may be disposed of at the Encina Wastewater Authority
facility (EWA). Contractor shall meet with EWA representative and shall be
responsible for fulfilling all conditions required by EWA.
Remove existing lining system and prepare wet well surface in compliance with
these specifications and manufacturer’s recommendations. Discrepancies, if any,
between the project specifications and manufacturer’s recommendations are to be
brought to the attention of the City at least 14 days prior to commencing any on-
site work
10. Delete any requirements from these, or any referenced standard specifications,
for tests that are required at intervals greater than 3 days after the final application
of the lining system. Pull tests per ASTM D4541 normally performed at 7 days,
October 2003
Villas Wet Well Restoration Specifications
Contract No. 3840-2
GENERAL SCOPE OF WORK
01010-Page 2 of 4
shall be performed at 2 to 3 days and the results shall be interpreted by the City
taking into consideration the shortened curing time and the effects of forced curing.
Applicable spark tests shall be performed as soon as practicable after placing the
lining materials.
11. Utilize the existing 208/120V, 100 Amp service as needed; provide other power if
required.
12. The low water level of the Wet Well is elevation 175.40 feet; the bottom of the Wet
Well elevation is 173.40 feet
13. Install the new lining system in compliance with these specifications and
manufacturer’s recommendations. Discrepancies, if any, between the project
specifications and manufacturer’s recommendations are to be brought to the attention
of the City at least 14 days prior to commencing any on-site work.
14. Provide to the City documentation of all confined space entry support and operations
procedures a minimum of two weeks prior to beginning any work in any confined
spaces involved in this project. The contractor is responsible for providing all
confined space support and rescue personnel in accordance with applicable laws.
15. Don’t allow sewage in the manhole 300’ to the West to rise more than 2’ deep.
Provide a Vactor, or equal, pump truck to remove collected sewage from this
manhole. Maintain pumping, as needed, 24 hours per day until the plugs in the sewer
are removed and the Villas Pump Station is placed back into service. Dispose of the
sewage collected by the truck into the manhole acting as a temporary wet well.
16. After removal of the temporary bypass system, any manholes used for temporary
wastewater storage shall be cleaned with a high-pressure water stream, manual
scrubbing, and Simple Green, or equal, the manhole that acted as a temporary wet
well.
17. Sand bag the nearby storm drain inlet to prevent accidental spills from entering the
storm drain system. Clean up all spills immediately.
18. Maintain access to all garages and parking spaces during all work, unless written
permission is obtained from the garage’s occupant, the garage’s owner(s), and the
management company for the complex.
19. Minimize the use of existing parking, park vehicles within the Villas Pump Station’s
fenced area whenever possible.
20. Do not disturb areas outside of the existing fence for the pump station.
21. Work hours to be limited to 8am to 4:30pm, non-holiday, weekdays only. Perform
manhole pumping 24 hours a day, as necessary, maintaining as quiet a worksite as possible during non-regular work hours.
October 2003
Villas Wet Well Restoration Specifications
Contract No. 3 840-2
GENERAL SCOPE OF WORK
01010-Page 3 of 4
22. Provide 1 set of maintenance documentation for the liner installed.
23. Dispose of all old lining materials removed.
24. Do not coat the interior of the manhole cover.
25. Provide water, there is no water service available at the site. Do not use the small
hose bib on the site; the water from this bib does not belong to the City and is
provided as a courtesy of the homeowner’s association. See Section 7-8.5 of the
Supplemental Provisions in this contract.
26. Do not make any fence changes.
27. Please note that the existing manhole cover is a 24-inch diameter opening.
28. Contractor shall cause the manufacturer of the lining system components to provide a
certified inspector or inspectors to monitor and report on the quality of the work. Contractor shall provide safe access for the City and manufacturer’s inspectors at all
times during construction.
29. Execute final cleaning prior to final project assessment. Thoroughly sweep the street.
Remove waste and surplus material, rubbish, and construction facilities from the site.
30. To closeout the project, submit certification that the work is complete in accordance
with the contract documents and is ready for City review.
3 1. Provide warranty as specified with letter from lining manufacturer that installation
was done according to manufacturer’s requirements and under their inspection.
32. Deviation from the stated procedures shall be made only by the approval of a
written request to the Engineer.
33. Contractor shall comply with all current local, state, federal, and other applicable
safety and health regulations. Confined space requirements shall be met.
34. All hazardous materials and waste are to be removed and disposed in accordance
with local, state and federal regulations at the expense of the Contractor.
**END OF SECTION**
October 2003
Villas Wet Well Restoration Specifications
Contract No. 3 840-2
GENERAL SCOPE OF WORK
01010-Page 4 of 4
SECTION 0988 1
PLASTIC LINING FOR STRUCTURES
(ARROW-LOCK)
PART 1 --GENERAL
1.01 DESCRIPTION
A. SCOPE:
This section specifies material, design criteria, and labor required to furnish and
install polyvinylchloride (PVC) liner with locking extensions and a two-part epoxy
mastic for rehabilitation of corroded, but structurally sound, reinforced concrete
structures. All work for and in connection with the installation of the lining and the
field sealing and welding of joint, shall be done in strict conformity with all
applicable specification, instructions and recommendations of the lining
manufacturer.
B. SURFACES TO BE PROTECTED:
Surfaces to receive lining system protection shall be as specified and shall include
undersides of all slabs and the surfaces of walls from 12 inches below the
specified low water level to the top of the wall and elsewhere as specified.
C. SERVICE CONDITIONS:
The system provided under this section shall be suitable for exposure to municipal
wastewater containing significant quantities of animal fats and greases, petroleum
products, grit, organic wastes, vegetable matter, dissolved H2S, industrial solvents
and industrial wastes. The pH of the wastewater is expected to range between 6.5
and 8.0 and temperatures are expected to range from 60 degrees F to 95 degrees F.
Sulfuric acid, resulting from biological activity in the space above the liquid, will
result in a pH of approximately 1 on all exposed surfaces where the specified
lining system is to be applied. Service conditions per NACE standards shall be
considered “SEVERE”.
1.02 QUALITY ASSURANCE
A. REFERENCES:
This section contains references to the following documents. They are a part of
this section as specified and modified herein, In case of conflict between the
October 2003
Contract No. 3840-2
PLASTIC LINING FOR STRUCTURES
09881-Page 1 of 10
Villas Wet Well Restoration Specifications ( ARRO W-LOCK)
requirements of this section and those of the listed documents, the requirements of
this section shall prevail.
Reference
ASTM C764-80
ASTM C920-87
ASTM D412-87
ASTM D746-79
ASTM D792-91
ASTM D882-91
ASTM D 1004-94
ASTM D1784-92
ASTM D1927-87
ASTM D2240-91
ASTM D4258-83
ASTM D4259-88
ASTM D4262-83
ASTM
NACE
SSPC
Title
Standard Test Method for Adhesion-in-Peel of Elastomeric
Joint Sealants
Specification for Elastomeric Joint Sealants
Test Methods for Rubber in Tension
Brittleness Temperature of Plastics and Elastomers by Impact
Density and Specific Gravity of Plastics by Displacement
Tensile Properties of Thin Plastic Sheeting
Initial Tear Resistance of Plastic Film and Sheeting
Rigid Poly(Viny1 Chloride) (PVC) Compounds and
Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds
Rigid Poly(Viny1 Chloride) Plastic Sheet
Rubber Property - Durometer Hardness
Surface Cleaning Concrete for Coating
Abrading Concrete
pH of Chemically Cleaned or Etched Concrete Surfaces
The published standards of the American Society for Testing
and Materials, West Conshohocken, PA
The published standards of National Association of Corrosion
Engmeers (NACE International), Houston, TX
The published standards of the Society of Protective Coatings,
Pittsburgh. PA
.
B. TRAINING AND QUALIFICATIONS:
1. The Contractor shall cause the lining system provided under this Section
to be applied by personnel trained in the application of the material in a
training course conducted by the manufacturer of the system materials.
The Contractor shall submit written documentation, certified by the
manufacturer, attesting that all personnel engaged in this work comply
with this requirement.
2. Two (2) years experience and two (2) recent references of projects of
similar size and scope and Applicator must provide references indicating
October 2003
Contract No. 3 840-2
PLASTIC LINING FOR STRUCTURES
09881-Page 2 of 10
Villas Wet Well Restoration Specifications (ARROW-LOCK)
successful application on concrete, brick or masonry substrates of the
specified system.
C. MANUFACTURER INSPECTION AND CERTIFICATION:
The Contractor shall cause the manufacturer of the lining system components to
provide a certified inspector or inspectors to monitor and report on the quality of
the work. All aspects of the work shall be subject to inspection, including surface
preparation, quantity of materials used, application of materials and final surface
inspection. However, this provision shall not be construed as relieving the
Contractor of overall responsibility for the work.
D. NACE Inspection:
Owner shall provide a NACE Certified Coating Inspector. The Inspector will
observe daily operations, procedures and final product to ensure adherence to the
specifications by Applicator.
1.03 SUBMITTALS
A. The following shall be submitted to the Engineer:
1. A copy of this specification section, with addendum updates included, and
all referenced and applicable sections, with addendum updates included,
with each paragraph check-marked to indicate specification compliance or
marked to indicate requested deviations fiom specification requirements.
Check marks shall denote hll compliance with a paragraph as a whole. If
deviations fiom the specifications are indicated and, therefore requested by
the Contractor, each deviation shall be underlined and denoted by a
number in the margin to the right of the identified paragraph. The
remaining portions of the paragraph not underlined will signify
compliance on the part of the Contractor with the specifications. The
submittal shall be accompanied by a detailed, written justification for each
deviation. Failure to include a copy of the marked-up specification
sections, along with justification(s) for any requested deviations to the
specification requirements, with the submittal shall be sufficient cause for
rejection of the entire submittal with no further consideration.
2. Plan and section views, augmented with installation details showing the
structure to receive the protective system and indicating all surfaces to be
protected. The views shall be to scale and shall include a sequence
diagram showing the order in which the individual panels will be placed.
This portion of the submittal shall include dimensions for all individual
October 2003
Villas Wet Well Restoration Specifications
Contract No. 3840-2
PLASTIC LINING FOR STRUCTURES
0988 1 -Page 3 of 10
(ARROW-LOCK)
sheets, location of all openings, details of closures at all openings and at
all penetrations through the sheets, termination. details, a sheet marking
system, and a sequencing plan for application of the lining system. No
work under this Section shall be performed until the required
documentation has been submitted to and reviewed by the Engineer.
3. Proposed surface preparation method.
4. Lining system materials and manufacturer's instructions, including product
safety bulletins, mixing and proportioning instructions, shelf life and
storage requirements, environmental requirements for application, curing
time and formulation adjustments required for job site conditions, and
allowable thinner materials and procedures.
5. Certification documentation for personnel to be applying the lining
system.
6. Quality control and documentation plan.
7. Health and Safety documentation plan
8. Five (5) year warranty letters, one from the liner manufacturer, and one
from the installer.
1.04 WARRANTY
Applicator and Lining System Manufacturer shall both warrant all work against defects in
materials and workmanship for a period of five (5) years, from the date of final
acceptance of the project. Applicator and/or Lining System Manufacturer shall, within a
reasonable time after receipt of written notice thereof, repair defects in materials or
workmanship which may develop during said five (5) year period, and any damage to
other work caused by such defects or the repairing of same, at his own expense and
without cost to the Owner.
PART 2--PRODUCTS
2.01 ACCEPTABLE PRODUCTS
The lining system for concrete surfaces shall be Arrow-Lock Sheet Lining System as
manufactured Ameron International, modified to meet the requirements specified. The
Engineer knows of no equal for this product.
October 2003
Villas Wet Well Restoration Specifications
Contract No. 3840-2
PLASTIC LINING FOR STRUCTURES
0988 1 -Page 4 of 10
(ARROW-LOCK)
2.02 MATERIALS
A. PRIMER:
Arrow-Lock Mastic Primer No. 5101 as manufactured by Ameron Protective
Linings Division, Brea, California.
B. MASTIC:
Arrow-Lock mastic, No. 9912 2: 1 epoxy gel mastic as manufactured by Ameron
Protective Linings Division, Brea, California.
C. JOINT SEALANT:
As recommended by Ameron Protective Linings Division, Brea, California.
D. PVC SHEET LINER:
PVC sheet liner shall be Arrow-Lock Sheet Liner as manufactured by Ameron
Protective Linings Division, Brea, California.
E. PRE-MOLDED PVC CORNERS, WELDING STRIPS, JOINT STRIPS AND
OTHER ACCESSORY ITEMS:
Pre-Molded PVC comers shall have the same physical properties as the PVC
sheet liner.
2.03 PRODUCT DATA
A. The following product data shall be submitted:
1. Daily quality control reports, signed by an authorized representative of the
lining system manufacturer.
2. Records for all materials used during application. Records shall
completely document the source, date of manufacture, date of application
and rate of application of all materials used.
October 2003
Villas Wet Well Restoration Specifications
Contract No. 3840-2
PLASTIC LINING FOR STRUCTURES
0988 1 -Page 5 of 10
(ARROW-LOCK)
PART 3--EXECUTION
3.01 MANUFACTURER QUALITY ASSURANCE
A. As provided under paragraph 09881-1.02 C., all work associated with the
application of the lining system shall inspected by trained and authorized
inspectors furnished by the manufacturer. All cost of inspection shall be borne by
the Contractor, but the inspectors shall report to the Engineer. The inspectors
shall be present at all times when any aspect of the lining system work is being
performed. Inspectors shall be required to specifically perform the following
duties:
1. Conduct training and retraining programs, if necessary.
2. Approve methods for storage of stockpiled materials.
3. Approve concrete surface preparation pnor to application of mastic.
4. Inspect and accept application of mastic prior to placing PVC sheets.
5. Inspect and approve all joints, laps and termination details.
6. Daily reports shall be submitted to the Engineer detailing the day's
activities. The report shall include a summary of materials expended and
note any exceptions to the manufacturer's requirements for application
quality. The report original shall be submitted directly to the Engineer,
who shall furnish a copy to the Contractor.
7. Pull tests shall be conducted on the finished lining system at locations and
in the number directed by the Engineer.
8. Quality control records shall be maintained throughout the installation
process and shall be available for inspection by the Engineer at any time.
After completion of the work, the records, signed by an authorized
representative of the lining system's manufacturer, shall be submitted to
the Engineer.
3.02 MATERIALS DELIVERY AND STORAGE
All materials shall be delivered to the job site in their original, unopened containers.
Each container shall bear the manufacturer's label, which shall contain all information
required by applicable laws, including storage life and special directions. No materials
with expiration dates witln one month of the expected or actual date of application will
be permitted to be incorporated into the work.
October 2003
Contract No. 3840-2
PLASTIC LINING FOR STRUCTURES
09881-Page 6 of 10
Villas Wet Well Restoration Specifications (ARROW-LOCK)
Stored materials shall be protected from weather an excessive heat or cold. Flammable
materials shall be stored separately in accordance with applicable laws.
3.03 SURFACE PREPARATION
A. GENERAL:
Hydro-demolition shall be used to clean concrete surfaces receiving the PVC
lining system to provide a contamination-free, roughened sound surface.
Sandblasting may be used in combination with hydro blasting in severely
deteriorated areas.
Prepared concrete surfaces shall be free of laitance, efflorescence, oil, grease, rust
and other penetrating contaminants. The prepared surface shall also be free of
fins, projections, thin crusts, bridging voids, loosely adhering concrete and dirt
particles. Fins and projections shall be removed. Irregular surfaces shall be filled
with grout.
Hydro-demolition shall be performed in accordance with ASTM D 4258 and
ASTM D 4259. Hydro-demolition equipment shall be capable of sustaining the
specified pressures at the nozzle. A pressure gauge shall be installed at the nozzle
to establish working pressure.
Dry sandblasting shall use compressed air blast nozzles in combination with dry
sand with sufficient pressures (minimum of 80 psi at the nozzle as measured with
a common nozzle pressure gauge) to achieve the specified level of preparation.
Blasting material should have a maximum particle size no larger than that passing
through a No, 16 mesh screen, U.S. sieve series and should be arsenic-free and
containing no free silica. The surface, after dry sandblasting, shall be brushed
with clean brushes made of hair, bristle, or fiber, blown off with compressed air
(from which detrimental oil and water have been removed), or cleaned by
vacuum, for the purpose of removing any traces of blast products from the
surface, and also for the removal of abrasives from pockets and comers. The
surface should then be washed down to remove all dust particles. Dry the cleaned
surface as required for lining adhesion.
B. INSPECTION AND TESTING:
The prepared surface shall be visually inspected by the Engineer prior to applying
PVC lining system.
October 2003
Villas Wet Well Restoration Specifications
Contract No. 3840-2
PLASTIC LINING FOR STRUCTURES
09881-Page 7 of 10
(ARROW-LOCK)
The pH of the prepared surface will be tested in accordance with ASTM D 4262
prior to application of primer. The acceptable pH range of the prepared surface
shall be 7 or greater.
The prepared concrete surface shall be tested by Swiss impact hammer or other
physical method.
3.04 APPLICATION
A. PROPORTIONING AND MIXING:
Primer and mastic shall be mixed and proportioned in accordance with the
manufacturer's written instructions with the equipment specified by the
manufacturer.
B. PRIMER:
The epoxy primer shall be applied to the dry, sound concrete surface, at a
thickness of 3 to 5 mils, approximate coverage is 200 square feet per gallon.
Allow the primer to cure until it becomes dry, approximately 30 minutes.
C. MASTIC:
Mastic shall be applied to a prepared dry, sound surface. Mastic shall be directly
applied to the prepared exposed aggregate with a trowel. Mastic coverage shall
not exceed 6 square feet per gallon and shall provide a minimum thickness of 300
mils for a complete system, with additional material as needed between protruding
aggregate surfaces to completely embed PVC sheet.
Severely corroded areas of the concrete that exceed 1 -inch in depth, shall be filled
with Sikaflex 123 Filler, or equal, as recommended by the manufacturer.
D. SHEET LINER:
Install the PVC Sheet Liner in accordance with manufacturer's recommendations.
All ribs are to be installed in the vertical direction. PVC sheet shall be applied
and embedded into the mastic prior to the mastic becoming too hardened to accept
the PVC sheet.
E. TERMINATION OF LINER:
The PVC liner shall be terminated as recommended by the manufacturer.
October 2003
Villas Wet Well Restoration Specifications
Contract No. 3840-2
PLASTIC LINING FOR STRUCTURES
0988 1 -Page 8 of 1 0
(ARROW-LOCK)
F.
G.
H.
JOINTS:
Perform heat welding of joints as recommended by the manufacturer.
ATMOSPHERIC CONDITIONS:
Sufficient forced air supply and construction heating shall be maintained to
provide a minimum of 70 degrees F and 3 feet per second airflow inside the
structure during the lining process. Airflow shall be maintained whenever
personnel are in the structure.
INSPECTION AND TESTING:
After installation the surface of the liner will be visually inspected by the Engineer
for poor adhesion, air pockets, edge or seam defects, rips, tears, and punctures.
All surfaces covered with lining, including cap joints and welds, shall be tested by
the Engineer with an approved electrical holiday or flow detector with the
instrument set between 15,000 and 20,000 volts. All joints and welds shall be
peel tested in accordance with ASTM C794. The Contractor shall provide access
for inspection. Each transverse lap joint or welding strip that extends to a lower
edge of the liner will be tested by the Engineer. The welding strips shall extend
2 inches below the liner to provide a tab. The allowable minimum peel strength
for the protective liner system shall be in accordance with the manufacturer's
recommendations but shall not be less than 16 pounds per linear inch after curing
seven (7) days at a minimum of 55 degrees Fahrenheit. The peel test pull force
shall be applied normal to the face of the structure by means of a spring balahce.
The liner adjoining the joint strips shall be held against the concrete during
application of the force. The peel test pull force shall be maintained if a joint
failure develops, until no further joint separation occurs. Defective joints shall be
re-tested after repairs have been made. Tabs shall be trimmed away neatly by the
installer of the liner after the joint has passed inspection. The Contractor shall
provide for an authorized manufacturer's representative to be present during each
day the protective lining system is installed. The manufacturer's representative
shall inspect the work daily and maintain a log of all the materials used (by lot
number and quantity) and, area and nature of work performed each day. The
manufacturer's representative shall be accompanied by and field train a
rmresentative of the Owner during actual field inmection.
October 2003
Villas Wet Well Restoration Specifications
Contract No. 3840-2
PLASTIC LINING FOR STRUCTURES
0988 1 -Page 9 of 10
(ARROW -LOCK)
I. REPAIR OF DEFECTS:
The Contractor shall repair defects in the lining system as directed by the
Engineer. Damaged areas shall be trimmed. PVC surfaces shall be activated with
cross-link activation and covered with new mastic. Poorly adhered areas and
areas with air pockets shall be cut open and new activator and mastic applied, cut
ends embedded in mastic and overlaid with an activated PVC patch. A minimum
4-inch lap shall be maintained for all repaired areas. All repaired areas shall be
reinspected.
**END OF SECTION**
October 2003
Villas Wet Well Restoration Specifications
Contract No. 3840-2
PLASTIC LINING FOR STRUCTURES
0988 1 -Page 10 of 10
(ARROW-LOCK)
SECTION 09885
CHEMICALLY BONDED PLASTIC COATING SYSTEM
FOR PROTECTION OF CONCRETE STRUCTURES
(LINABOND STRUCTURAL POLYMERRVC LINING SYSTEM)
PART 1 --GENERAL
1.0 1 DESCRIPTION
A. SCOPE:
This section specifies a PVC/polymer coating system for protection of concrete
surfaces and for rehabilitation of corroded, but structurally sound, reinforced
concrete structures. All work for and in connection with the installation of the
coating and the field sealing and welding of joints shall be done in strict conformity
with all applicable specification, instructions and recommendations of the coating
manufacturer.
B. SURFACES TO BE PROTECTED:
Surfaces to receive coating system protection shall be as specified and shall
include undersides of all slabs and the surfaces of walls from 12 inches below the
specified low water level to the top of the wall and elsewhere as specified.
C. SERVICE CONDITIONS:
The system provided under this section shall be suitable for exposure to municipal
wastewater containing significant quantities of animal fats and greases, petroleum
products, grit, organic wastes, vegetable matter, dissolved HzS, industrial solvents
and industrial wastes. The pH of the wastewater is expected to range between 6.5
and 8.0 and temperatures are expected to range from 60 degrees F to 95 degrees F.
Sulfuric acid, resulting fiom biological activity in the space above the liquid, will
result in a pH of approximately 1 on all exposed surfaces where the specified
coating system is to be applied. Service conditions per NACE standards shall be
considered “SEVERE”.
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3840-2 09885-Page 1 of 15
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-Lr”G SYSTEM)
1.02 QUALITY ASSURANCE
A. REFERENCES:
This section contains references to the following documents. They are a part of
this section as specified and modified herein. In case of conflict between the
requirements of this section and those of the listed documents, the requirements of
this section shall prevail.
Reference
ASTM C764-80
ASTM C805
ASTM C920-87
ASTM D374
ASTM D412-87
ASTM D638
ASTM D746-79
ASTM D790
ASTM D792-91
ASTM D882-91
ASTM D 1 004-94
ASTM D1784-92
ASTM D1927-87
ASTM D2240-9 1
ASTM D4258-83
ASTM D4259-88
ASTM D4262-83
ASTM D4541
ASTM
NACE
October 2003
Title
~ _________~~~
Standard Test Method for Adhesion-in-Peel of Elastomeric
Joint Sealants
Rebound Number of Hardened Concrete
Specification for Elastomeric Joint Sealants
Thickness of solid Electrical Insulation
Test Methods for Rubber in Tension
Tensile Properties of Plastic
Brittleness Temperature of Plastics and Elastomers by Impact
Flexural Properties of Unreinforced and Reinforced Plastics
Density and Specific Gravity of Plastics by Displacement
Tensile Properties of Thin Plastic Sheeting
Initial Tear Resistance of Plastic Film and Sheeting
Rigid Poly(Viny1 Chloride) (PVC) Compounds and
Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds
Rigid Poly(Viny1 Chloride) Plastic Sheet
Rubber Property - Durometer Hardness
Surface Cleaning Concrete for Coating
Abrading Concrete
pH of Chemically Cleaned or Etched Concrete Surfaces
Pull-Off strength of Coatings using Portable Adhesion tester
The published standards of the American Society for Testing
and Materials, West Conshohocken, PA
The published standards of National Association of Corrosion
Engineers (NACE International), Houston, TX
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
CONCRETE STRUCTURES
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-Lr"G SYSTEM)
Contract No. 3840-2 09885-Page 2 of 15
B.
C.
D.
TRAINING AND QUALIFICATIONS:
Submit the following 3 weeks prior to any work:
1. The Contractor shall provide proof of at least two (2) years experience in
applying the specified product, and provide two (2) recent references of
projects of similar size and scope. The references shall include agency
name, project name, contact person, address, and phone number, for
projects demonstrating successful application of the proposed product on
concrete, brick or masonry substrates.
2. The Contractor shall cause the coating system provided under this
Section to be applied by personnel trained in the application of the
material in a training course conducted by the manufacturer of the
system materials. The Contractor shall submit written documentation,
certified by the manufacturer, attesting that all personnel engaged in this
work comply with this requirement.
3. Proof of any necessary federal, state or local permits or licenses necessary
for the project.
MANUFACTURER INSPECTION AND CERTIFICATION:
The Contractor shall cause the manufacturer of the coating system components to
provide a certified inspector or inspectors to monitor daily and report to the owner
on the quality of the work. All aspects of the work shall be subject to inspection,
including surface preparation, quantity of materials used, application of materials
and final surface inspection. However, this provision shall not be construed as
relieving the Contractor of overall responsibility for the work.
NACE INSPECTION:
Owner shall provide a NACE Certified Coating Inspector. The Inspector will
observe daily operations, procedures and final product to advise the owner on
adherence to the specifications by Applicator.
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3840-2 09885-Page 3 of 15
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-LINING SYSTEM)
1.03 SUBMITTALS
A. The following shall be submitted to the City:
1. A copy of this specification section, with addendum updates included, and
all referenced and applicable sections, with addendum updates included,
with each paragraph check-marked to indicate specification compliance or
marked to indicate requested deviations from specification requirements.
Check marks shall denote full compliance with a paragraph as a whole. If
deviations from the specifications are indicated and, therefore requested by
the Contractor, each deviation shall be underlined and denoted by a
number in the margin to the right of the identified paragraph. The
remaining portions of the paragraph not underlined will signify
compliance on the part of the Contractor with the specifications. The
submittal shall be accompanied by a detailed, written justification for each
deviation. Failure to include a copy of the marked-up specification
sections, along with justification(s) for any requested deviations to the
specification requirements, with the submittal shall be sufficient cause for
rejection of the entire submittal with no further consideration.
2. Plan and section views, augmented with installation details showing the
structure to receive the protective system and indicating all surfaces to be
protected. The views shall be to scale and shall include a sequence
diagram showing the order in which the individual panels will be placed.
This portion of the submittal shall include dimensions for all individual
sheets, location of all openings, details of closures at all openings and at
all penetrations through the sheets, termination details, a sheet marking
system, and a sequencing plan for application of the coating system. No
work under this Section shall be performed until the required
documentation has been submitted to and reviewed by the City.
3. Proposed surface preparation method with full descriptions of equipment,
water blast pressures, abrasives, chemicals, solvents, procedures of
operations, procedures of disposal of cleaning products, together with
Contractor's inspection and testing procedures for determining completion
of preparation work. Include also proposed special repair procedures for
areas that are severely corroded that are located during the cleaning
procedure.
4. Coating system materials and manufacturer's instructions, including
product safety bulletins, mixing and proportioning instructions, shelf life
and storage requirements, environmental requirements for application,
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3 840-2 09885-Page 4 of 15
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-LINING SYSTEM)
curing time and formulation adjustments required for job site conditions,
and allowable thinner materials and procedures.
5. Certification documentation for personnel to be applying the coating
sys tern.
6. Quality control and documentation plan.
7. Health and Safety documentation plan including certifications of all
personnel participating in entry of confined space, as required by
applicable laws.
8. Five (5) year warranty letters, one fiom the liner manufacturer and one
from the installer.
1.04 WARRANTY
Applicator and Lining System Manufacturer shall both warrant all work against defects in
materials and workmanship for a period of five (5) years, from the date of final
acceptance of the project. Applicator and/or Lining System Manufacturer shall, within a
reasonable time after receipt of written notice thereof, repair defects in materials or
workmanship which may develop during said five (5) year period, and any damage to
other work caused by such defects or the repairing of same, at his own expense and
without cost to the Owner.
PART 2--PRODUCTS
2.01 ACCEPTABLE PRODUCTS
The coating system for concrete surfaces shall be Linabond System as manufactured by
Linabond, Inc., modified to meet the requirements specified. The City knows of no equal
for this product.
2.02 MATERIALS
A. PRIMER:
The primer shall be a two component, high solids epoxy/ urethane system with a
relatively fast cure time, Linabond EP30 HS. The primer shall exhibit the
following minimum physical properties:
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3840-2 09885-Page 5 of 15
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-LINING SYSTEM)
Specification
Mix ratio
Elongation
Tensile strength
Weight per gallon
Solids content
Viscosity
Pot life
B. SURFACE ACTIVATOR:
Specification
Boiling Range ("C)
Vapor Density
Vapor Pressure
Requirement
1:l
@ 35%
>2,000 psi
9.6 lb per gal
75%
250 centipoises
1 hour
Requirement
66
2.5
129 MM Hg @ 20°C
The surface activator, to be used when PVC sheet, pre-molded PVC corners and
wear strips have not been pre-treated shall be Linabond CLA-2 Surface Activator.
The activator shall provide a molecular bond between the activated PVC sheet
lining and the mastic. The activator shall exhibit the following minimum physical
properties:
Specific Gravity
Physical Form
0.96
Light amber liquid
Odor I Ether like odor
C. STRUCTURAL POLYMER:
The structural polymer shall be a plural-component, high solids, high strength closed-
cell polyurethane. It shall be trowelable, or sprayable with airless-spray plural
component equipment. It shall be non-flow and shall be resistant to weathering, aging,
dilute (1 0%) solutions of sulfuric acid and intermittent wetting by raw sewage. The
structural polymer shall be Linabond High Density Structural Polymer as
manufactured by Linabond, Inc., Los Angeles, CA or equal.
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3840-2 09885-Page 6 of 15
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-LI"G SYSTEM)
D. PVC SHEET LINER:
Semi-Rigid PVC Sheet Liner: The material shall be a semi-rigid homogenous
thermoplastic polyvinyl sheet liner, that has been specifically formulated for
application with the surface activator. The sheet liner shall be Linabond Semi-Rigid
PVC Liner as manufactured by Linabond, Inc., Sylmar, CA, or equal. At this time, the
Owner is not aware of an equal product. The material shall exhibit the following
minimum physical properties:
SPECIFICATION:
Specific gravity
Hardness, Shore D
Tensile Strength
Elongation
Flexural Strength
Flexural Modulus
Thickness
Chemical Resistance
Color
ASTM D792
ASTM D2240
ASTM D638
ASTM D638
ASTM D790
ASTM D790
ASTM D374
ASTM D1784
White
-1.4
>80
>5,000 psi
>120%
~9,000 psi
>300,000 psi
62.5 mils
Class B
E. PVC JOINT MATERIAL:
PVC sheet liner shall be Linabond Vinylthane liner as, formulated specifically for
application with the Linabond Cross Link Activator (CLA-2) or as pre-activated
PVCNinylthane liner. The PVC liner must exhibit the following minimum
physical properties at 77+ 5 degrees F:
SDecification
Specific Gravity, ASTM D792
Hardness, Shore A, ASTM D2240
Tensile, ASTM D882
Elongation, ASTM D882
Brittle point, Model E, ASTM D746
Tear Strength, ASTM D1004
Thickness
Reauirement
1.33
84
2,300 psi
300 percent
-30°C
250 ppi
30 mils
F. PRE-MOLDED PVC CORNERS:
Pre-Molded PVC comers shall have the same physical properties as the PVC
liner.
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3 840-2 09885-Page 7 of 15
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-LINING SYSTEM)
G. MASTIC SEAM MATERIAL:
Seam material shall be Linabond Mastic Seam Material. Mastic seam material
shall be a two component high strength, high solids polyurethane material. It shall
be non-flow, and shall be resistant to weathering, aging, dilute (1 0 percent)
solutions of sulfuric acid and wetting by raw sewage. Mastic seam material shall
exhibit the following minimum physical properties:
Specification
Viscosity:
centipoise side A
centipoise side B
Solids (by wt.)
Specific Gravity side A
Specific Gravity side B
Flash Point
Mix Ratio
Initial cure time
Tensile, ASTM D638
Elongation, ASTM D63 8
3,000 cps
3,000 cps
>97%
0.96
1.2
550°F
1:l
1 -3hrs
1,860 psi
190%
H. PVC LINING UV BLOCKER:
The PVC lining U.V. blocker shall be a one component, liquid-applied aliphatic
polyurethane that is compatible with the PVC liner, and that has been especially
formulated for weathering and ultraviolet light resistance. The U.V. Blocker shall be
Linabond No. 55 Aliphatic Top Coat, as manufactured by Linabond, Inc., or equal. At
this time, the Owner is not aware of an equal product.
2.03 PRODUCT DATA
A. The following product data shall be submitted:
1. Daily quality control reports, signed by an authorized representative of the
coating system manufacturer.
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3840-2 09885-Page 8 of 15
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-LINING SYSTEM)
2. Records for all materials used during application. Records shall
completely document the source, date of manufacture, date of application
and rate of application of all materials used.
PART 3--EXECUTION
3.01 MANUFACTURER QUALITY ASSURANCE
As provided under paragraph 09885-1.02 C., all work associated with the application of
the coating system shall inspected by trained and authorized inspectors furnished by the
manufacturer. All cost of inspection shall be borne by the Contractor, but the inspectors
shall report to the City. The inspectors shall be present at all times when any aspect of
the coating system work is being performed. Inspectors shall be required to specifically
perform the following duties:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Conduct training and retraining programs, if necessary.
Approve methods for storage of stockpiled materials.
Approve concrete surface preparation prior to application of mastic.
Inspect and accept application of mastic prior to placing PVC sheets.
Inspect and approve all joints, laps and termination details.
Daily reports shall be submitted to the City detailing the day's activities.
The report shall include a summary of materials expended and note any
exceptions to the manufacturer's requirements for application quality. The
report original shall be submitted directly to the City, who shall furnish a
copy to the Contractor.
Pull tests shall be conducted on the finished coating system at locations
and in the number directed by the City.
Quality control records shall be maintained throughout the installation
process and shall be available for inspection by the City at any time. After
completion of the work, the records, signed by an authorized
representative of the coating system's manufacturer, shall be submitted to
the City.
The manufacturer's representative shall be accompanied by and field train
a representative of the Owner during actual field inspection.
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3840-2 09885-Page 9 of 15
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-LINING SYSTEM)
3.02 MATERIALS DELIVERY AND STORAGE
All materials shall be delivered to the job site in their original, unopened containers.
Each container shall bear the manufacturer's label that shall contain all information
required by applicable laws, including storage life and special directions. No materials
with expiration dates within one month of the expected or actual date of application will
be permitted to be incorporated into the work. Materials are to be kept dry, protected
from weather and stored under cover. Protective coating materials are to be stored
between 50 deg F and 90 deg F. Do not store near flame, heat or strong oxidants.
Protective coating materials are to be handled according to their material safety data
sheets.
3.03 SURFACE PREPARATION
A. GENERAL:
Remove existing coatings prior to application of the new protective coating.
Applicator is to maintain strict adherence to applicable NACE and SSPC
recommendations with regard to proper surface preparation and compatibility with
existing coatings.
Surface preparation shall be performed in accordance with the methods and
procedures submitted to and approved by the City. Proposed deviations, if any, to
previously approved methods and procedures, shall be re-approved by the City
prior to making the deviations.
Hydro-demolition shall be used to clean concrete surfaces receiving the PVC
coating system to provide a contamination-free, roughened sound surface.
Sandblasting may be used in combination with hydro blasting in severely
deteriorated areas.
Prepared concrete surfaces shall be free of laitance, efflorescence, oil, grease, rust
and other penetrating contaminants. The prepared surface shall also be free of
fins, projections, thin crusts, bridging voids, loosely adhering concrete and dirt
particles. Fins and projections shall be removed. Irregular surfaces shall be filled
with grout in accordance with coating system manufacturer's recommendations.
Hydro-demolition shall be performed in accordance with ASTM D 4258 and
ASTM D 4259. Hydro-demolition equipment shall be capable of sustaining the
required pressures at the nozzle, in accordance with the submitted cleaning
procedures. A pressure gauge shall be installed at the nozzle to indicate the
working pressure.
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3840-2 09885-Page 10 of 15
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-LINING SYSTEM)
Dry sandblasting shall use compressed air blast nozzles in combination with dry
sand with sufficient pressures (minimum of 80 psi at the nozzle as measured with
a common nozzle pressure gauge) to achieve the specified level of preparation.
Blasting material should have a maximum particle size no larger than that passing
through a No, 16 mesh screen, U.S. sieve series and should be arsenic-free and
containing no free silica. The surface, after dry sandblasting, shall be brushed
with clean brushes made of hair, bristle, or fiber, blown off with compressed air
(from which detrimental oil and water have been removed), or cleaned by
vacuum, for the purpose of removing any traces of blast products from the
surface, and also for the removal of abrasives from pockets and corners. The
surface should then be washed down to remove all dust particles. Dry the cleaned
surface as required for coating adhesion.
B. INSPECTION AND TESTING:
The prepared surface shall be visually inspected by the City prior to applying PVC
coating system.
The pH of the prepared surface will be tested in accordance with ASTM D 4262
prior to application of primer. The acceptable pH range of the prepared surface
shall be 7 to 11.
The prepared concrete surface shall be tested by Swiss impact hammer or other
physical method, as recommended by the coating system manufacturer, and as
approved by the City.
3.04 APPLICATION
A. CONTROL OF AMBIENT CONDITIONS IN STRUCTURES TO BE LINED:
The Contractor shall control ambient conditions in the structures to be lined, and
provide protective enclosures during surface preparation, application, and curing
to meet the ambient conditions specified below. The Contractor shall continue to
meet the ambient conditions throughout the lining system work.
The ambient conditions requirements inside the structures during all phases of
lining system work shall be as follows:
1. Air temperature - no lower than 65 degrees F. Lining at temperatures
greater than 90 degrees F should be avoided as they drastically reduce the
work-life of the structural polymer material.
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3840-2 09885-Page 11 of 15
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-LI"G SYSTEM)
2. Relative humidity: No higher than 90%.
3. Concrete substrate surface temperature: no lower than 55 degrees F but,
and at least 5 degrees F higher than the dew point temperature. Lining at
temperatures greater than 90 degrees F should be avoided as they
drastically reduce the work-life of the structural polymer material.
4. No dust generation shall be allowed during this period.
B. PROPORTIONING AND MIXING:
The structural polymer, the primer, and the seam material shall be mixed and
proportioned in accordance with the manufacturer’s written instructions using
equipment acceptable to and certified by the manufacturer.
Once application begins, the Contractor shall have such equipment available,
maintained, and kept in good working order for the duration of the work. The
Owner’s designated representative shall daily verify that the equipment is set to the
proper operating parameters. No verification or inspection releases the Contractor
from responsibility for equipment availability, equipment operation, material
application, or any other requirements of the specifications.
Spray equipment shall be able to provide plural component spray at a mix ratio of
equal parts (one part to one part) by volume. For the structural polymer, spray
equipment shall be capable of supplying a minimum of 3 gallons per minute at a
temperature of 130-140 degrees F at the spray nozzle. Mix ratio, application flow rate,
temperature and pressure readings must be verifiable through a monitoring system
including digital readout and hard copy printouts. The readouts and printouts must
show instantaneous and cumulative value readings for mix ratio and volumetric flow
rate. For any 8 of 10 readings, mix ratio and flow rate must meet the values specified
above within a plus or minus 5 percent maximum deviation. A solenoid shutdown
device shall be provided to turn off the spray equipment in the event that the mix ratio
exceeds said 5 percent maximum deviation. (Such equipment is available through
dealers such as Spray-Quip, Inc., 713-923-2771, who are familiar with these
materials.)
C. PUMPING AND COMPUTER AND MISCELLANEOUS EQUIPMENT:
Pumping equipment and computer equipment utilizing an integrated Digital Flow
Monitoring system with built in alarms shall be approved by Linabond Inc, prior to
use. The Contractor shall supply all the tools and equipment needed to properly install
the materials per Linabond’s requirements, including but not limited to the following:
fiberglass crown jacks (if required), seam material plural component application guns,
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3840-2 09885-Page 12 of 15
Villas Lift Station Restoration Specifications (LLNABOND MASTIC CO-LINING SYSTEM)
D.
E.
F.
G.
October 2003
spray application rig, communications equipment and any necessary staging
equipment. All equipment shall be maintained and operated per the manufacturer’s
written instructions. Filters shall be checked twice daily (if operated) and cleaned as
necessary. At all times during use, a qualified operator certified by the manufacturer
shall attend the spray equipment.
LINABOND EP-30HS PRIMER:
Linabond primer shall only be applied to a clean, prepared, and dry sound-concrete
surface only. The primer shall be rolled or spray applied and allowed to tack prior to
application of the structural polymer. The structural polymer should be applied withm
2 days of primer application.
LINABOND HIGH DENSITY STRUCTURAL POLYMER:
Linabond structural polymer shall only be applied to a clean and dry primed concrete
surface. Prior to application of the PVC sheets, the flow of structural polymer material
as monitored by the monitoring system shall provide a minimum average thickness of
120 wet mils if the material is spray applied, or sufficient to completely embed the
PVC liner material, whichever is greater. If the material is trowel applied, the material
shall be mixed as per manufacturer’s recommendations, and shall be applied at a
minimum average thickness of 120 wet mils, or sufficient to completely embed the
PVC liner material, whichever is greater. If a notched trowel is used, rake marks will
cause air entrapment in the liner, and therefore should be smoothed before embedding
the PVC liner. Air pockets longer than 4 inches in any direction must be repaired. The
Contractor shall keep accurate records of the placement of Structural Polymer and
other System materials. Two copies of the records shall be submitted to the City daily.
ACTIVATOR:
The surface activator shall be applied to clean, dry PVC liner material by roller at a
coverage rate of 150 square feet per gallon, in accordance with manufacturer’s
instructions. The Activator shall be applied to sheets in a warm (70 degree F
minimum), protected environment. Under no circumstances should Activator, which
has been allowed to sit open and evaporate, be applied. Activated polyvinyl chloride
sheets shall be protected from debris or contamination prior to installation.
SHEET LINER:
The activator prepared surface of the PVC sheet liner shall be pressed into the
structural polymer and rolled to remove trapped air. PVC sheets shall be applied
while the structural polymer is still in its wet and uncured state as described in the
manufacturer’s Application Guide. When the surface temperatures of the structure
walls or roof to be lined are rising due to exposure to exterior direct sunlight and/or
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
CONCRETE STRUCTURES
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-LINING SYSTEM)
Contract No. 3 840-2 09885-Page 13 of 15
will be completely encapsulated by lining, out-gassing of air or vapor from the
concrete may result in bubbling, pinhole formations, and/or blistering in the lining
system. Application of the lining system in such locations shall be postponed until the
concrete is no longer exposed to direct sunlight, and its temperature is stable or
dropping. The Contractor shall prevent such rising substrate temperatures by
protecting the concrete substrate from sunlight or scheduling installation during
advantageous times of day. Should bubbles, pinholes, or discontinuities form in the
applied lining system, they shall be repaired.
H. SHEET LINER SEAMS, TERMINATIONS, AND LEADING EDGES:
The PVC lining system shall extend to the limits shown on the drawings. Where the
new lining meets any existing lining, the new liner shall overlap the existing liner by a
minimum of four inches. The 4-inch overlapping seams shall be completed as
described in the manufacturer’s Application Guide and detail drawings of this
specification. Whenever possible, all horizontal seam overlaps shall face down. When
lining transmission system structures, the seam overlaps shall be in the downstream
direction. All liner terminations and leading edges shall have a 0.5-inch deep by 0.25-
in wide saw-cuts unless otherwise specified, and shall be installed as indicated in the
manufacturer’s Application Guide and detail drawings of this specification. All liner
seams, terminations, and leading edges shall be sealed using the seam material. The
seams and terminations shall be taped, and a seam-overlay band of seam material
shall be applied as described in the Linabond Application Guide and the detail
drawings of this specification. The tape shall be removed before the seam material
begins to gel, in order to obtain straight edges that are fiee of projections. The
resulting seam-overlay band shall be smooth, relatively flat, free of sharp protrusions,
and have a minimum thickness of 30 mils.
I. PREMOLDED PVC CORNERS:
Premolded PVC comers shall be installed at all inside and outside corners as
indicated in the manufacturer’s Application Guide and detail drawings of this
specification. PVC sheets shall overlap the PVC comers by 3 inches. The premolded
PVC comers shall be pre-treated with activator on all faces before embedding them
into the applied structural polymer, and applying seam material.
J. PVC LINING U.V. BLOCKER:
The Contractor shall install a U.V. Blocker on all surfaces of the Protective Lining
System that will be exposed to sunlight. The liquid U.V. Blocker shall be applied by
brush or roller to the PVC lining prior to replacing or installing the aluminum or
concrete covers or other equipment. The U.V. Blocker shall be Linabond No. 55
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3840-2 09885-Page 14 of 15
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-LINING SYSTEM)
Aliphatic Top Coat, as manufactured by Linabond, Inc., or equal and shall be applied at
the rate of 250 square feet pei gallon.
K. CWG OF THE LINING SYSTEM:
The finished lining shall be protected from damage during curing and shall be cured
as recommended by the lining manufacturer but in all cases no less than three (3)
days of curing time must elapse before the lined area can be placed into service.
L. INSPECTION AND TESTING:
After installation the surface of the liner will be visually inspected by the City for
poor adhesion, air pockets, edge or seam defects, rips, tears, and punctures. All
surfaces covered with coating, including cap joints and welds, shall be tested by the
Contractor with an approved electrical holiday or flow detector with the instrument
set between 15,000 and 20,000 volts.
All joints and welds shall be peel tested in accordance with ASTM C794. The
Contractor shaIl provide access for inspection. Each transverse lap joint or welding
strip that extends to a lower edge of the liner will be tested by the Contractor. The
welding strips shall extend 2 inches below the liner to provide a tab. The allowable
minimum peel strength for the protective liner system shall be in accordance with the
manufacturer's recommendations but shall not be less than 16 pounds per linear inch
after curing seven (7) days at a minimum of 55 degrees Fahrenheit. The peel test pull
force shall be applied normal to the face of the structure by means of a spring
balance. The liner adjoining the joint strips shall be held against the concrete during
application of the force. The peel test pull force shall be maintained if a joint failure
develops, until no hrther joint separation occurs. Defective joints shall be re-tested
after repairs have been made. Tabs shall be trimmed away neatly by the installer of
the liner after the joint has passed inspection.
M. REPAIR OF DEFECTS:
The Contractor shall repair defects in the coating system as directed by the City.
Damaged areas shall be trimmed. PVC surfaces shall be activated with cross-link
activation and covered with new material. Poorly adhered areas and areas with air
pockets shall be cut open and new activator and material applied, cut ends embedded
in material and overlaid with an activated PVC patch. A minimum 4-inch lap shall
be maintained for all repaired areas. All repaired areas shall be re-inspected.
**END OF SECTION**
CHEMICALLY BONDED PLASTIC COATING
SYSTEM FOR PROTECTION OF
October 2003 CONCRETE STRUCTURES
Contract No. 3840-2 09885-Page 15 of 15
Villas Lift Station Restoration Specifications (LINABOND MASTIC CO-LINING SYSTEM)
LOCATION MAP
S I T E
NOT TO SCALE
PROJECT NAME: VILLAS LIFTSTATION WET WELL LINING INSTALLATION I PROJECT EXHIBIT
NUMBER I CP3840-2 I A
H. \Capital Improvement ?-ogram\3840 Sewer Lift Station iipqrade\PIars & Exhiaits\villas
I SITE MAP
e" 1 \\I
Sit% PLAN
, NO SCALE
PROJECT NAME: VILLAS LIFTSTATION PROJECT EXHIBIT B WET WELL LINING REMOVAL NUMBER
CP 3840-2
09/19/03 H: \Capitd lmproment Program\38~ Sewer Lift Stotion Upgrode\Plons & Exhibits\villos
I
PROJECT NAME: VlLLAS L/FTSTAT/ON
WET WELL RESTORATION
PIPELINE SYSTEM MAP
PROJECT EXHIBIT
NUMBER C CP 3840-2
k 1 INCH A200 fl
GRAVlNPlPELlNE TO LlFJSTATlON .-------------.
FORCE MAlN
x *^ * __
PlPELlNE NOTA PARTOF VlLL4S SYSTEM
MANHOLE OR CLEANOUT
9-1 9-03 H: \Capitol Improvement Proqrarn\3840 Sewer Lift Station Upqrode\Plans & Exhibits\villos
I CONCEPTUAL WET WELL BYPASS PLAN
I I LlF T STATION AH #1
I I
0
EXlSTlNG LlFT STATION CONFIGURATION
I
LIFTSTATION TEMP. PLUG AH #I
UG -
BYPASS OF LIFTSTATION WET WELL FOR RESTOR4 TlON
AH #1 LlFTSTATION I, 1
RETURN LlFTSTAJlON TO SERVlCE I I
NOTES:
SUPPERVISION OF CIN S TAFF DEVIATIONS FROM THIS PROCEDURE SHALL BE PERMITTED WITH CIJYENGINEER APPROVAL.
1) ALL WORKSHALL BE DONE UNDER
2) CONTRACTOR SHALL MEET MINIMUM REQUIRMENTS FOR SEWER BYPASS AND SPILL OVERSION PER CONTRACT SPECIFICATIONS. SEE SECTION 500 OF THE SUPPLEMENTAL PROVISIONS
fXlSTlNG LlFT STATlON CONFlGURATION
1. BYPASS FROM AH #I
1) INSTALL PLUG IN WET WELL INLETFROMAH#l.
2) PUMPNACTOR WASTEWATER FROMAH#l TO TANK TRUCK.
3) DISPOSE OF WASTEWATER COLLECTED IN JRUCKINTO
3) DO NO J ALLOW DEPTH OF WAS TE WA TER IN AH #1 TO
CITY APPROVED ACCESS HOLE.
EXCEED 2-FEET DEEP.
5) PROVIDE 24-HOUR PER DAY SUPERVISION OF THE BYPASS EVEN IF THE TEMPORARY CONTROLS ARE FULL AUTOMATIC
IN OPERATION.
-
PROJECT NAME: V/f.LASL/FTSTAT/ON PROJECT EXHIBIT D WET WELL L/N/NG REMOVAL NUMBER
CP 3840-2 v 9-19-03 H: \Capitol Improvement Program\3840 Sewer lift Station Upgrode\P/ans & Exhibits\nY/os
11. BYPASS FROM AH #3
1) CONSTRUCT TEMP. SUCTlON PIPELINE, APPROXlMATE DIA.
EQUAL TO TO EXlSTING SUCTION LlNE FROM AH #3 TO
LIFTSTATIONS SOUTHERLY MOST MOSTPUMP.
2) INSTALL PLUG INAH WET WELL INLETFROMAH#3 CONVERTING AH #3 TO TEMP WET WELL.
3) ESTABLISH AN AUTOMATIC, OR MANUAL SYSTEM TO OPERATE THE PUMP UNIT TO CLEAR THE TEMPORARY WET WELL OF COLLECTED WASTEWATER. 4) DO NOTALLOW WASTEWATER IN TEMP WET WELL AUK3 7 RISE CLOSER THAN 5 FEET OF THE SURFACE; DO iOTAL/!O PUMP UNIT TO CONTINUE TO RUN WITHOUT WASTEWATER IN WET WELL.
5) PROVIDE 24-HOUR PER DAY SUPERVISION OF THE BYPASS EVEN IF THE TEMPORARY CONTROLS ARE FULL AUTOMATIC IN OPERATION.
RETURN LIFTSTATlON TO SERVICE
AND RETURN LIFT S TATION TO OPERATION UNDER
SUPERVSION OF CINSTAFF.
2)AFTER REMOVAL OF TEMPORARY BYPASS SYSTEM
CLEAN THE ACCESS HOLES USED AS TEMPORARY
WET WELLS WITHA HIGHPRESSURE WATERSTREAM,
MANUAL SCRUBBING AND SIMPLE GREEN.
!!L I .ll----.___.l I---
1) REMOVE ALL TEMPORARY SUCJlON PIPING, REMOVE PLUG-
4b SPECIAL NOTE:
THIS BYPASS PLAN IS NOT AN APPROVED PLAN AS REQUIRED IN THE PROJECT SPECIFICATIONS;
~ SEE BYPASS SPECIFICA TIONS FOR APPROVAL REQUIRMENTS IT IS INTENDED FOR INFORMATION PURPOSE ONLY.
PLAN VIEW PIPE DETAIL
?ROJECT NAME: VILLAS LlFTSTATlON
WET WELL LINING REMOVAL
F
PROJECT EXHIBIT
NUMBER E CP 3840-2
' '. I
h a
c
WET WEL DETAIL
L
ID. I. I v 24"MANHQL€FRAM€&'
PROJECT NAME: UPPER FARADAYLIFTSTATION WET WELL LINING lNSTAlLATlON
. .. I. , .. . .. . .. .. ........ 1.. .. '
PROJECT EXHIBIT
NUMBER F CP 3840-2
H. \Capitol improvement Progrom\3840 Sewer Lift Stchon Upgrade\Plons & Exnibits\villas