HomeMy WebLinkAboutSim J Harris Communications; 2000-04-19; 99-1021866
Recording requested by:
CITY OF CARLSBAD 1
When recorded mail to: ) FEES: 0.04
AUG 07. 2000 10t13 Ald 1 1 MFICIAL ECORDS
1 SRN DIECO COUNTY RECORDER'S OFFICE GREGORY J. SHITH, CWY RECORDER
) City Clerk )
City of Carlsbad 1
1200 Carlsbad Village Dr. )
Carlsbad, CA 92008 2000-0415330
Space above this line for Recorder's Use
- NOTICE OF COMPLETION
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Notice is hereby given that: 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 of improvement on the property hereinafter described was completed on July 7,
2000.
The name of the contractor, if any, for such work of improvement is Sim J. Harris
Communications.
The DroDertv on which said work of improvement was completed is in the City of Carlsbad,
County of Sin Diego, State of California, and is described as the Davis Avenue Water Line
The address of said property is within the limits of the City of Carlsbad.
Replacement, Project No. 3532.
CITY QF CARLSBADA
Public fiorks DirectorKity Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
California, 92008; the City Council of said City on July 25 , 2000, accepted the
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 28 -8 2000, at Carlsbad, Califoinia.
CITY OF CARLSBAD
&A%m
NE M. WOOD
TABLE OF CONTENTS
Notice Inviting Bids ....................................................................................................................
Contractor’s Proposal ................................................................................................................
Equipment Material Source Information .................................................................................... 1
Bid Security Form ...................................................................................................................... 1 .
eltern m
Bidder’s Bond to Accompany Proposal ..................................................................................... 1
Guidelines for Completing The “Designation Of Subcontractor Amount Of Subcontractor’s
Bid” And “Designation Of Owner OperatorILessor & Amount Of Owner Operator/Lessor
Work” Forms ............................................................................................................................. 1.
Designation Of Subcontractors & Amount Of Subcontractor’s Bid ............................................ 21
Designation Of Owner Operator/Lessor & Amount Of Owner Operator/Lessor Work ................ 2.
Bidder’s Statement Of Financial Responsibility ......................................................................... 2:
Bidder’s Statement Of Technical Ability And Experience .......................................................... 2.
Bidder’s Certificate Of insurance For General Liability. Employers’ Liability Automotive
Liability And Workers’ Compensation ....................................................................................... 24
Bidder’s Statement Of Re-Debarment ....................................................................................... 2f
Bidder’s Disclosure Of Discipline Record .................................................................................. 2E
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ............................. 2E
Contract Public Works .............................................................................................................. 25
Labor And Materials Bond ........................................................................................................ 35
Faithful PerformanceNVarranty Bond ........................................................................................ 37
Escrow Agreement For Surety Deposits In Lieu Of Retention (Optional) .................................. A0
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SUPPLEMENTAL PROVISIONS 0 Part1 General Provisions
Section I Terms Definitions, Abbreviations And Symbols
1-1 Terns .................................................................................................................
1 -2 Definitions . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .?4
1-3 Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..4
Section 2 Scope And Control Of The Work
2-3 Subcontracts .. ... . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ... A
2-4 Contract Bonds ..... . . . . . . . . . . . . . . . . . . . . .. . .. . .. . . . .. . . . . . . . . . .. . .. . . . . . . . . . . .. . . . . . . . .. . .. . . . . . . . . . .. . . . . . . .. . .4
2-5 Plans And Specifications . ... .......... ... .. ... ...... ... ..... ... .. . ... ... ...... ........... ... ... ........ .... A
2-9 Surveying ...... . . . . . .. . .. . .. . . . . .. . .. . .:. . . . . . . . . . .. . .. . . . . . . .. . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . , .. . . . . . . .. . . ....... A
2-1 0 Authority Of Board And Engineer .......................................
Section 3 Changes In Work
3-3
3-4
3-5
Section 4 Control Of Materials
4-1
4-2
C
C
C
C
Extra Work ....... .. . .. ... ...... ... . ... ............ .. . .. ... ..... ...... .. ... . ... ... ............ .. ...... .. ... ..... ...&
Changed Conditions .............. . .. . .. . .. ... ...... .. ...... ... .. ...... ...... . ... .. . .. ... ... .. . .. ... ... ... .. ...
Disputed Work ................... ... ... . .. . ... .. . .. ..... . .. ...... .. ... ... ...... ... . ... .. . .. . ..... .. ... ... ... .. ....*
C Materials And Workmanship ............................ .................................................. L
Materials Transportation, Handling And Storage ... .. . .. ... ... . .. . .. . .. .... .. ... .. ......... .. ..& C
C
C
C
C
Utilities.. .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . .. . .. . . . . .. . .. . .. . .. . . . . . . .. . .. . .. . . . . .b
Location. ... .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . .. . . . . . . .. . .. . . . . . . .b
Relocation . . . . . .,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L
Cooperation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . .. . .. . .. . .. . .. . . . . . . . . . .. . .. . .. . .. . L
Prosecution, Progress And Acceptance Of The Work ........................................ \I
Construction Schedule And Commencement Of Work ... .... . .. . .. ... . .. ... .. . .. . .. ...... ....
Prosecution Of Work .......................................................................................... b
Delays And Extensions Of Time ..... . .. . .. ... .. . .. . ..... .. ... . .. ... ... ....... ... .. . .. . .. .__... ... ..... .&
Time of Completion ............................................................................................ b
Completion And Acceptance ..... ... ..... . .. . .. ... . .. .. . .. . .. ... ...... ... . .. . .. . . . ... ...... ........ ...... L
Liquidated Damages ..... . . . . . . . . . . _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Responsibilities Of The Contractor.. . . .. . .. ... ... .. ... ... .. . .. . . ._ ._. .. . ... ... ... ... .. . .. . .. ... ...... ...
Liability Insurance . ......... ... ._. . _. . .. . .. . . . . .. . .. ... .. . .. ...... .. ... . .. . ._. .. . ... .. . .. . .. . .. ... . .. ...... ..... .
Workers’ Compensation Insurance ._. .. . .. . .. ... .. . .. ............ ... .... .. . ..... ... ... .. . .. . .. ... ... ... Permits . .. . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .&
Cooperation and Collateral Work ...... . .. . .. ..... . .. . ..... ... ... ... ......... ... ... ... ... .. . .. . .. . .. ...*
Project Site Maintenance. .... .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . ...
Public Convenience And Safety .........................................................................
Laws To Be Observed ....................................................................................... E
a Section 5
5- 1
5-4
5-6
Section 6
6- 1
6-2
6-6
6-7
6-8
6-9
Section 7
7-3
7-4
7-5
7-7
7-8
7-1 0
7-1 3
Section 9 Measurement & Payment
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C
C
C
C
C
C
C
C
C
C
C
C
C
Measurement Of Quantities For Unit Price Work. ............................................... E
Payment .. . .. . .. . .. ... . .. ... .._ ... ... ... . .. . ... .. . .. . .. ... ... .. . . . ... ... ... ... ......... ...... ... ... ... .. ............ E a ;:;
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Part 2 Construction Materials 0 Section 200 Rock Materials
200-2 Untreated Base Materials ...................................................................................
Section 203 Bituminous Materials
203-1 I
Part 3 Construction Methods
Section 300 Earthwork
300-1 Clearing And Grubbing ......................................................................................
Section 306 Underground Conduit Construction
203-6 Asphalt Concrete ...............................................................................................
Asphalt Pavement And Crack Sealants ..............................................................
306-1 Open Trench Operations ...................................................................................
Section 313
313-1 Temporary Traffic Signing ................................................................................... Temporary Traffic Control Devices ..
SPECIAL CONDITIONS
TECHNICAL SPECIFICATIONSSPECIAL PROVISIONS .........................................................
INFORMATION FOR CONTRACTOR
A. TO OBTAIN A COPY OF CURRENT PLAN HOLDERS LIST
e
PHONE (760) 434-2803
6. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS
ASSOCIATE ENGINEER
PHONE (760) 438-3367 EA. 71 24
DEPUTY CITY ENGINEER
PHONE (760) 438-3367 EXT. 7126
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K
CARLSBAD MUNICIPAL WATER DISTRICT
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, on the second floor
Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, until 4:0(
on the 2nd day of Februarv , 2000, at which time they will be opened and read, for perfc
the work as follows: Removal of an existing 6-inch ACP and Replacement with a new 8-inct
pipeline including all appurtenant work.
a
CONTRACT NO. 3532
DAVIS AVE. WATER LINE REPLACEMENT
CMWD 99-1 02
The work shall be performed in strict conformity with the specifications as approved by the Bc
Directors of the Carlsbad Municipal Water District on file with the Enqineerinq Department.
specifications for the work include the Standard Specifications for Public Works Construction
Edition, all hereinafter designated “SSPWC” as issued by the Southern California Chapter
American Public Works Association and as amended by the special provisions sections (
contract. Reference is hereby made to the plans and specifications for full particulars and desc
of the work.
The Carlsbad Municipal Water District encourages the participation of minority and women-(
businesses.
The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabri
and contractors to utilize recycled and recyclable materials when available, appropriatf
approved by the Engineer.
The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from partici
in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal
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 Purct
Department. Each bid must be accompanied by security in a form and amount required by lau
bidder’s security of the second and third next lowest responsive bidders may be withheld ur
Contract has been fully executed. The security submitted by all other unsuccessful bidders st
returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursu
the provisions of law (Public Contract Code section 10263), appropriate securities mi
substituted for any obligation required by this notice or for any moneys withheld by the Disi
ensure performance under this Contract. Section 10263 of the Public Contract Code re
moneys or securities to be deposited with the District or a state or federally chartered bi
California as the escrow agent. The escrow agent shall maintain insurance to cover negliger
and omissions of the agent in connection with the handling of retention’s under this section
amount not less than $100,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed and pr
executed, including notarization where indicated are:
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1. Contractor's Proposal 9. Certificate of Insurance, the riders
2. Bidder's Bond
4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors &
Amount of Owner Operator/Lessor Work
6. Bidder's Statement of Financial
Responsibility
7. Bidder's Statement of Technical Ability and
Experience Security)
8. Acknowledgment of Addendum@)
*Pursuant to California Public Contracts Code section 41 04(a)(Z)(A) portions of the inforn
required on documents numbers four and five, above, may be submitted by the Bidder up to tv
four (24) hours after the deadline for submitting bids contained in this "Notice Inviting to Bid".
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantitie
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimz
$50,000.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed
contractor pursuant to the Business and Professions Code shall be considered non-responsiv
shall be rejected by the City. In all contracts where federal funds are involved, no bid submittec
be invalidated by the failure of California law. Where federal funds are involved the contractoi
be properly licensed at the time the contract is awarded. In all other cases ihe contractor shall
their license number, expiration date and classification in the proposal, unde; penalty of perjury.
invitation to bid does not involve federal funds. The following classifications are acceptable fc
contract: A or C-34
If the Contractor intends to utilize the escrow agreement included in the contract documents in I
the usual 10% retention from each payment, these documents must be completed and sub1
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purcl-
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable
$10 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 drab
specifications or other contract documents, or finds discrepancies in or omissions from the dra
and specifications may submit to the Engineer a written request for clarification or correction.
response will be made only by a written addendum duly issued by the Engineer a copy of whic
be mailed or delivered to each person receiving a set of the contract documents. No oral res1
will be made to such inquiry. Prior to award of the contract neither addition to, modificati
nor interpretation of any provision in the contract documents will be given by any a
employee or contractor of the City of Carlsbad-nor may any bidder rely on directions giv
any agent, employee or contractor of the City of Carlsbad except as hereinbefore speciti
The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waiv
minor irregularity or informality in such bids.
covering the City, its officials, employc
and volunteers may be omitted at the
of bid submittal but shall be provided
the Bidder prior to award of this contr<
IO. Bidder' s Statement Re Debarment
11. Bidder's Disclosure Of Discipline Rec
12. Escrow Agreement for Security Depo
(optional, must be completed if the Bil
wishes to use the Escrow Agreement
0 3. Non-Collusion Affidavit
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The general prevailing rate of wages for each craft or type of worker needed to execute the Cc
shall be those as determined by the Director of Industrial Relations pursuant to the sections
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a curren
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whc
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all wi
employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Sublettin!
Subcontracting Fair Practices Act." The District Engineer is the District's "duly authorized offic
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 a[
the Contract for work.
A pre-bid meeting and tour of the project site will be held at 9 a.m. on January 12, 2000
Carlsbad Municipal Water District Board Room.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between
and figures, the words shall prevail. In case of an error in the extension of a unit price, the cor
extension shall be calculated and the bids will be computed as indicated above and compared
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and tyl
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 pi
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection o
The Contractor shall provide bonds to secure faithful performance and warranty of the work
amount equal to one hundred percent (100%) of the Contract price will be required for work (
project. The Contractor shall provide bonds to secure payment of laborers and materials sup
in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract whi 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 thc amount payable is not less than five million dollars ($5,000,000) and does not exceed ten
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the cc 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 ext
full force and effect and be retained by the District until they are released as stated
Supplemental Provisions section of this contract. All bonds are to be placed with a surety ins1
carrier admitted and authorized to transact the business of insurance in California and whose l
exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bon
to be accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by la 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 inst .I commissioner.
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e If the bid is accepted, the District may require copies of the insurer's most recent annual stat
and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commc
with section 900) of Chapter 1 of Part 2 of Division I of the Insurance Code, within 10 calenda
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 Califor the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, w owned, non-owned or hired, and whether scheduled or non-scheduled. The auto ins1
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 COI
meeting the above standards with the exception that the Best's rating condition is waived.
District does accept policies issued by the State Compensation Fund meeting the requiremc
workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any adc
cost of said insurance shall be included in the bid price.
The award of the contract by the Board of Director's is contingent upon the Contractor submitti
required bonds and insurance, as described in the contract, within twenty days of bid opening
Contractor fails to comply with these requirements, the District may award the contract to the s
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 (
Carlsbad Business License for the duration of the contract.
Approved by the Board of Directors of the Carlsbad Municipal Water District of the City of Cai
California, by Resolution No 1067, adopted on the 07 day of DECEMBER 1999.
Date
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/67-/3-77 +&177.Wm&.4*
'clcid
etna L. Kautenkranz, Secretary f(
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T
ard of Directors
rlsbad Municipal Water District
5950 El Camino Real
Carisbad, California 92008
'The undersigned d s he/she has carefully examined the tocation of the work, read the f+
the Plans, Specifications, Special Provisions and addenda thereto
ses to furnish ail labor, materiais, equipment, transportatian, and services requit
in accordance with the Plans, Specifica
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefc
following unit prices for each item complete, to wit:
~k to complete Contract No. ffl
TS
Approximate
Quantity Unit
.- No. Descrbtion and Unit - Price Total
@ Item
$ 2,732.68 1 Mobilization and preparatory es I
work at a lump sum
(Lump Sum)
connections for a lump sum at
Dollars (Lump Sum)
pipe including all appurtenant work at
Dollars (Linear Feet)
NOT TO
nt not to exceed EXCEED
ree Thousand Dollars $3,000
2 Temporary Hi-line and service LS -- $ 2,916.64
$2.916.64
3 Construct 8-inch PVC 720 LF $ 49.46 $ 35,607.98
$49.46
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6/7/99 Contract No. 3532 Page 9 of 67 Pages
4 install 6-inch Gate vsive 1 EA $r 635,OO $ 635.00
at
$635.00 Boilars (Each)
5 and Reconnect 18 EA $ 765.23 c& 13,774.08
including all appurienani work at
$765.23_ Doltars (Each)
at
Dollars (Lump Sum)
6-inch ACP at
Dollars (Linear Feet)
6 Traffic Control kS -- $ 1,500.00
$1 , 500.00
L.A” 7 Removal and Disposal of 125 LF $ 4.00 $ 500.00
e; tu c3
g:, e3
t-9 x at 9 0 ku $1.72 m a Dollars (Linear Feet) w z t= 3
ni
$4.00 r1:
8 580 LF $ 1.72 c$ 999.00 I
I
$ 600.00 $ 600.00 9 Construct 1” MAR 1 EA at
BLI 5 $600.00
Dollars (Each) 6
Total amount of bid for Schedule 1 in words: Fif ty-nine thousand two hundred
sixty-six and 36/100
59,266.36 Total amount of bid for Schedule 1 in numbers: $
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). proposal.
The Undersigned has carefully checked all of the above figures and understands that the Distric
not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
hadhave been received and Mare included in
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6/7/99 Contract No. 3532 Page 10 of 67 Pages
-_. __
i
m agrees that in case of default in executing the required Contract with nece
nce policies within twenty (20) days from the date of award of Contract k
of the Carlsbad Municipai Water District of the City of Carfsbad, the Distric
tratively authorize award of the contract to the second or third iswest bidder and th of the lowest bidder may be forfeited. i
d bidder declares, under penalty of perjury, that the undersigned is iicensed
in the capa 'ty of a contractor within the State of Califorycvalidly !icensed I
license number 754969 2 , classification A, 6-7 which expir, , and th this statement is true and correct and has the legal eff
Contractor who IS not licensed as a contractor pursuant t
Professions Code shall be considered nonresponsive and shall be rejected by the
cts where federal funds are involved, no bid submitted shall be invalic
However, at the
the contract is awarded, the contractor shall be properly licensed. Public Contract Code 5 101
The Undersigned bidder hereby represents as follows:
1. That no Board of Directors member, officer, agent, or employee of the Carlsbad Municipal \1
District is personally interested, directly or indirectly, in this Contract, or the compensation to be
h that no representation, oral or in writing, of the Board of Directors, its officers, agent
e has inducted him/her to enter into this Contract, excepting only those contained it
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 b
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is (Cash, Certified Check, I
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 E
employer to be insured against liability for workers' compensation or to undertake self-insuran
accordance with the provisions of that code, and agrees to comply with such provisions bc
commencing the performance of the work of this Contract and continue to comply until the contr;
complete.
'The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, re1
to the general prevailing rate of wages for each craft or type of worker needed to executc
Contract and agrees to comply with its provisions.
i
2 LO/ 7/2OO3 i: an affidavit. 1 c p2/p0e2
A bid submitted to the District by
to be licensed in accordance with California law.
a Bid Bond
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I
IF A SOLE OWNER OW SOLE CONTRACTOR SIGN HERE: Nf A ' a ('I) Name under which business is conducted I
I (Street and Number)
(2) Signature (given and surname) of proprietor
(3) Place of Business
City and State
(4) Zip Code Telephone No. 1
i
i Nf A
(I) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made
general partner)
(3) Place of Business
City and State
(4) Zip Code Telephone No.
IIF A CORPORATION. SIGN HERE:
(I) Name under which business is conducted
(Street and Number)
sim J. Harris COmmlnications
(2) -
- (Title)
Impress Corporate Seal hert
... ... ... ... ...
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California (3) Incorporated under the laws of %he State of
(4) Place sf Business
San Diego, CA. City and State
(5) zip Code 92145 Telephone NO. (858) 277-0898
9233 Harris Plant Rd.
~~~~~~A~ ~~~~~~~~~~ F EXECUB1ON BY ALL ~~~~~~~~1~~ ST ATTACHED
low names of president, vice president, secretary and assistant secretary, if a corporatio
partnership, list names of all general partners, and managing partners:
Stephen A. Bieri, President
Anthony J. Andrews, Vice President
0 c
em \@ 6/7/99 Contract No. 3532 Page 33 of 67 Pages
51
The bidder shall ifidicate opposite each item of equipment or material listed belotn
name of the one supplier and manufacturer of each item or equipment or material pror
to be furnished under the bid. Awarding of a contract under this bid will not imply apr
by District or the manufacturers listed by the Bidder. I EquipmentlMaterial Manufacturer
I
I
il
I
0
1. N/A.
(Manufacturer)
2.
(Manufacturer)
3.
(Manufacturer)
I
e94 %& 6/7/99 Contract No. 3532 Page 14 of 67Pages
- r'
BIDDER'S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO, 3532
DAVIS NE. WATER LINE REPLACEMENT a
CMWD 99-qm02
KNOW ALL PERSONS BY THESE PRESENTS:
That we, SIM J. HARRIS COMMUNICATIONS , as Principal, and CONTINENTAL cAsuALTY coM
as Surety are heid and firmly bound unto the Carlsbad Municipal Water District, Carlsbad, Califor in an amount as follows: (must be at least ten percent (10%) of the bid amoi
for which payment, well and truly made, we bind ourselves,
heirs, exccutcrs and administrators, successors or assigns, jointly and severally, firmly by th
presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that If the proposal of the abo
bounded Principal for:
TEM PERCENT - OF TOTAL BID
DAVIS AVE. WATER LINE REPLACEMENT
CONTRACT NO, 3532
CMWD 94-1 02
in the City of Carlsbad, is accepted by the Board of'Directors, and if the Principal sball duly enter i
and execute a Contract including required bonds and insurance policies within twenty (20) days fr the date of award of Contract by the Board of Directors of the Carisbad Municipal Water Distric
the City of Carisbad, being duly notified of said award, then this obligation shall beccme liull i
void; otherwise, it shd be and remain in full force and effect, and the amount specified herein s
be foorfeiied to the said District.
0
....
.. .I.
....
....
....
....
...,
.,..
,...
....
,...
In the event Principal executed this band as an individual. it is agr=ed that the death of Principal s 9
4- x.L
not exonerate the Surety from it5 obligations under #is bond.
0 Executed by PRlNCfPAL this 2ND day Executed by SURETY this 2ND da! of FEBRUARY ,/la 2000 FEBRUARY ’- AB 2000
PRINCIPAL: SURETY:
SIM J, HARRIS COHHUNICATIONS CONTINENTAL CASUALTY COMPANP
(name of Principal) (name of Surety)
1800 E. IMPERIAL Hwy.
BREA, CA 92821
(address of Surety)
(telephone number of Surety) 714/255-2202
ca- By. % L/+L
*s (signature of Attorney-&a
BROOKE LBFRENZ
(printed name of Attorney-in-Fact)
---I__C u- TEPHW A P *X/Z.a--
(print name here}
_I slm J. Harris Communications
(title and organization of signatory]
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be aitached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If i
one officer signs, the corporation must attach a resolution certified by the secretary or assis secrelary under corporate seal empowering that officer to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authon,
the partner to execute this instrument.)
@ President {Attach corporate resolution showing cur power of attorney.)
APPROVED AS TO FORM:
RONALD R. BALL General Counsel
BY: - J Assistant General Counsel
e* A*
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared
$personally known to me - OR - 0 prd;ved to me on the basis of satisfactory evidence to be the person
whose name(@-is/stre subscribed to the within instrumc
and acknowledged to me that he/-executed t,
same in his/l+&their authorized capacityfies), and that I
his/- signaturewon the instrument the personf!
or the entity upon behalf of which the persow acte
executed the instrument.
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could preve
fraudulent removal and reattachment of th/s form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
0 Corporate Officer
Title(s) :
Signer Is Representing: Signer Is Representing:
0 1995 Ndtional Notary Association * 8236 Remmet Ave , PO Box 7184 * Canoga Park CA 91309-7184 Prod No 5907 Reorder Call Toll Free
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared
whose name@$ is/m subscribed to the within instrume
and acknowledged to me that he/sh&ttmy executed tl
same in his/kgEWlg#sauthorized capacitym and that t
his/h&ir signature(Spon the instrument the person6
or the entity upon behalf of which the person(ejacte
executed the instrument.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevel
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0 1995 Ndtmal Notary Association - 8236 Rernrnet Ave , PO Box 7184 - Canoga Park CA 91309 7184 Prod No 5907 Reorder Call Toll Free
e
a
COUNJYOF sAN DIEGO
On 02 FEBRUARY 2000 , before me, WENDP H. DOWNS, NOTARY PUBLIC
PERSONALLY APPEARED BROOKE LAPRENZ
-
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person($) whose name($)
is/! subscribed to the within instrument and acknowl-
edged to me that he/she/thy executed the same rn ki-d
herjtheit authorized capacityw, and that by Adher/
theirsignature($) on the instrument the person($), or the
enhty upon behalf of which the person(#) acted, executed
the mstrument.
ViiITNESS my hand and official seal.
i-' 'JY C0r-T Ex:: March 2 2303 jY- n- --?--e.*%--ro-e-rn- liw7r
This area for Official Yotarml Seal Signature
I OPTIONAL
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could prt
fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEI
c] INDIVIDUAL
CORPORATE OFFICER
- TITLE OR TYPE OF DOCUMENT nnE(s)
PARTNER(S) [7 LIMITED
@ ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIANKONSERVATOR c1 OTHER:
GENERAL
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(1ES)
SURETY SIGNER(S) OTHER THAN NAMED ABOVE
b
IDOS1 Rc.5 6/94 ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTQRNEY-IN-FACT
IKnow All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE IN
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a PC
corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principf
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute ai - Larry D. Cogdill, Ingrid Erika Crosby, Brooke Lafrenz, Individually 0
-
- - of San Diego, California
their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corpor
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse t
adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Surety Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 14th day of April , 1997 .
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNS'I
Group Vice Pre
-e
M.C. Vonnahme
State of Illinois, County of Cook, ss:
On this 1 4th day of April , 1997 , before me personally came
M. C. Vonnahme , to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Darien , State
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HAR
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; tha
knows .the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed PL
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknc
same to be the act and deed of said corporations.
a
0 Cook ip' 'T..j.F" a&Q
My Commission Expires March 6, 2000 Mary Jo Abel Notary Pub
CERTIFICATE
I, Robeit E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HAH
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above SE
still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse here
in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 21ND day of FEBRUARY 2000 . 1-
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 0 a" \4-@Q?ta AMERICAN CASUALTY COMPANY OF READING, PENNSYI
f-Q Assistant Secre Robert E. Ayo
ag2 J
\' IULY '90z e 31. J
_res7_
(Rev.7/14/95)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Dir
of the Company.
"Article IX-Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior ot
Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subj
to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature at
execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the Pre
or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previo
given to any attorney-in-fact.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Boai
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of thc
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power:
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so 6
and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached
continue to be valid and binding on the Company."
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of D
of the Company.
"Article VLExecution of Obligations and Appointment of Attorney-in-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior c
Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execu
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the lin
set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of a
instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may a
revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the BO;
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Compan
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of th
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power
power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so exec
sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, col
to be valid and binding on the Company."
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 1
"RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, frc
to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insuranc
undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their resr
certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and '
the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board
may at any time revoke all power and authority previously given to any Attorney-in-Fact.''
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Bc
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the se
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Din
February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by 5;
any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and bindin!
Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to zn'
undertaking to which it is attached, continue to be valid and binding on the Corporation."
by the Board of Directors of the Company.
BID SECURITY FORM
CONTRACT NO. 3532
DAVIS AVE. WATER LINE REPLACEMENT
0 (Check to Accompany Bid)
CMWD 99-102
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the or
CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of
dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this checl
become the property of the District provided this proposal shall be accepted by the District tt
action of its legally constituted contracting authorities and the undersigned shall fail to exec
contract and furnish the required Performance, Warranty and Payment Bonds and proof of inst
coverage within the stipulated time; otherwise, the check shall be returned to the undersignec
proceeds of this check shall also become the property of the District if the undersignec
withdraw his or her bid within the period of fifteen (1 5) days after the date set for the opening tt
unless otherwise required by law, and notwithstanding the award of the contract to another bidc a
BIDDER
"Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following 1
shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total ar
of the bid.) a
e= tS 6/7/99 Contract No. 3532 Page 15 of 67 Pages
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
a
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/L
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and 1
Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contrz
"Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitic
section 1-2 of the Supplemental Provisions especially "Own Organization" and "C
Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS c
SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct information
result in rejection of the bid as non-responsive. Any bid that proposes performance of more th
percent of the work proposed to be performed by the Bidder by other than the Contractor's
organization will be rejected as non-responsive. Specialty items of work that may be so desig
by the Engineer on the "Contractor's Proposal'' are not included in computing the percentage 01
proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and
subcontractor who the Bidder proposes to perform work or labor or render service in or ab01
work or improvement, and every subcontractor licensed by the State of California who the E
proposes to specially fabricate and install any portion of the work or improvement accordi
detailed drawings contained in the plans and specifications in excess on one-half on one pt
(0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. Said na
and location(s) of business of subcontractor(s) shall be set forth and included as in integral F
the bid offer.
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 o
forms must be attached if required to accommodate the Contractor's decision to use more tha
Subcontractor or Owner Operator/.Lessor. All items of information must be completely fillec
These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complet
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) n
Bidder's overhead and profit for subcontracted items of the work is included to compute perce
of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item installed by a Subcontractor or Owner Operator/L
the amount, in dollars, of the bid item by each Subcontractor or Owner OperatorlLessor mi
entered under the columns "Amount of Subcontractor's Bid in Bid Item Including Subcontr:
Overhead & Profit" or "Amount of Owner Operator/Lessor Work in Bid Item Including (
Operator/Lessor's Overhead & Profit" unless the dollar amount of all work performed b
Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bil
total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or (
Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contrac
Price, less the Bidder's overhead and profit shall be multiplied by the Quantity of the bid item tt-
Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed.
a
0
4- rrs 6/7/99 Contract No. 3532 Page 18 of 67 Pages
Suppliers of materials from sources outside the limits of work are not subcontractors. The Val
materials and transport of materials from sources outside the limits of work, as shown on the I:
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator Lessor as the
may be, that the Bidder Operator/Lessor as the case may be, installing them Proposes as instal
said materials. The value of material incorporated in any Subcontractor or Owner Operator/Lt
installed bid item that is supplied by the shall be included as a part of the work that the B
proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item..
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in the
Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number
be entered on the form. If the Subcontractor does not have a valid business license enter "NOh
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provid
required information. The number of additional form pages shall be entered on the first form pa
each type so duplicated.
Bidder may, at its option, combine bid items on a single row in the chart on the disclosure for
using this option the Bidder must indicate the bid item numbers to which the information in th
pertains. This option may not be used where the subcontractor or Owner Operator/Le
constructing or installing less than 100 percent of a bid item. The percentages and dollar am
may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or
less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designat
subcontractor or designation of Owner OperatorlLessor forms as applicable. The explanation
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that sho
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
contract shall determined by the Board of Directors in conformance with the provisions (
contract documents and the Supplemental Provisions. The decision of the Board of Directors
be final.
0
0
*
e= tS 6/7/99 Contract No. 3532 Page 19 of 67 Pages
0
Street Address
City State Zip
bcontractor’s Telephone Number plus Area Code:
ctors License No. & Classification: e tractor’s Carlsbad Business License No.:
ired on this document
Page of pages of this Subcontractor Designation form e
em- %# 617199 Contract No. 3532 Page 20 of 67Pages
Street Address
City State Z
ner OperatodLessor Telephone Number plus Area Code:
y of Carlsbad Business License No.:
Page of pages of this Owner OperatorlLessor form
6/7/99 Contract No. 3532 Page 21 of 67Pages
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. 3532
DAVIS AVE. WATER LINE REPLACEMENT e
CMWD 99-102
Copies of the latest Annual Report, audited financial statements or Balance Sheets rn
submitted under separate cover marked CONFIDENTIAL.
e
a
4- p,# 6/7/99 Contract No. 3532 Page 22 of 67Pages
I P
The Bidder is required to state what work of a similar character to that included in the pror 1
h
Ep
1
E.
I@
E
P
t a
f I
I
QW I \# 6/7/99 Contract No. 3532 Page 23 of 67Pages
E*.
P
1
1
r Comprehensive General Liability E Workers Compensation
part of the Bidder's proposal the Bidder must attach either of the following to this p
1. Certificates of insurance showing conformance with the requirements herein for:
Automobile Liability 1
rier can, and UPO E cies of insurance
I@ e with the requirem
willingness to issue insurance for auto policies off
Standard Specifications for P
r this project for each insur,
ct, used ansite or offsite, wht
whether scheduled or non-scheduled. The auto insur:
t be limited in any manner.
t
e
F
I
!
le
I t
4ii %# 6/7/99 Contract No. 3532 Page 24 of 67Pages --
c
WC STATU- OTH- WORKERS COMPENSATION AND x [TORY LIMITS 1 I EA EMPLOYERS' LIABILITY EL EACH ACCIDENT $1(
THE PROPRIETOR/ INCL WC0118025 08/11/99 08/11/00 ELDISEASE-POLICYLIMIT $ 1(
PARTNEFWEXECUTIVE
OFFICERS ARE:
OTHER
EXCL EL DISEASE - EA EMPLOYEE $ 1(
CITYCAB
City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL- = DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEC
AU ORIZED REPRESENT TIVE'
.INSURED: SJH Communications, Inc.
POLICY NUMBER: CPP121990000 a
This endorsement Changes The Policy. Please read it Carefully.
Additional Insured - Owners, Lessees or Contractors (Form B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Person or Organization:
City of Carlsbad
its officials, employees and volunteers
Carlsbad Municipal Water District
1635 Faraday Avenue
Carlsbad, CA 92008
Re: The Davis Avenue 8” Water Line Replacement, CMWD Project No. 3532
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
a
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown
in the schedule, but only with respect to liability arising out of “your work” for that insured by or for YOU.
Coverage provided to the Additional Insured under this endorsement is primary, but only with respect to
the sole negligence of the Named Insured. Any other insurance maintained by the Additional Insured is
deemed to be excess.
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984
a
a It
I 1- xx
I
L
I
E. F
P
I
E
E
I
t
E
‘I. Have you or any of your subcontractors ever been debarred as an irresponsible biddf mother jurisdiction in the State of California?
Yes no
wadwere the narne(s) of the agency(ies) and what waslwere the period(: mmodate more than two debarment: Attach additional of this page to a
e party debarred
- agency agency
-
EiY R: ~
Sim J. Harris Communications -
ews, Yice President - (print namehitle)
Page of of pages of the Re Debarment form
I.
I 6/7/99 Contract No. 3532 Page 25 of 67Pages
T
br
e
I
1
I
I
I[
1.
E
e
t
I
1
E 0 t
e you ever had your co
e license Board two or
Yes no
r's license suspended or revoked by the California Contrz
rnes within an eight year period?
XX
2) Has the suspension or revocation of your contractors license ever beenstayed? xx
no
3) Have any subcontractors that you propose to perform any portion of the Work ever had
or revoked by the California Contractors' State license Boar
xx t Yes no
sion >or revocation of the lice
ion of the Work ever been sta
of any subcontractor's that you propo!
N/A Yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the t
d violation that the disciplinary action pertain to, describe the natu
iinary action taken therefor.
N/A
(If needed attach additional sheets to provide full disclosure.)
Page t" of k pages of this Disclosure of Discipline form
a I %@ 6/7/99 Contract No. 3532 Page 26 sf 67 Pages
'1
either of 2. or 4. above is'yes fully ident
, the date of the viotation t
lation and the condition (if
r
:
N /A
tf needed, a nat sheets to provide full disclosure.
BY
t
li
I
IC
I
i
, AnthonvvJ- Andrews. Vice President
(print name/title)
Page y of 2/ pages of this Disclosure of Discipline form
4im %# 6/7/99 Contract No. 3532 Page 27 of 67 Pages
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State of Caiifornia )
,? D’i- L3 ) 3
) ss.
& \nzt-heqq- s-- hndl- CL.~S , being first duly sworn, deposes
(&ame of Bidder)
and says that he or she is
of Si\V -5 i bav--T-L5 c DMM-UflLLat \B>ns
\ >i e- y3,,c~~~efi*
(Title)
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of rship, company, association, organization, or corporation; that the t or sham; that the bidder has not directly or indirectly induced or soli
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sham bid, and has not dir or anyone else to put in a ly or indirectly colluded,
d, or that anyone not in any manner, directly or rectiy, sought by anyone to fix the bid price of the bidder or any other ement of the bid price, or of that of any other bidder, body awarding the contract of anyone interested in the prop ts contained in the bid are true; and, further, that the bidder has
itted his or her bid price or any breakdown reaf, or the contents the or divulged information or data relative thereto, or paid, and will not , any fee to any corpor; partnership, company association, organization, bid depository, or to any member or agent there effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this afidavit
Ti-- , l-9asoo
Subscribed and sworn to before me on the \ 5-t- day of ~~bvr~zv LA, 9 *A 0
(NOTARY SEAL)
Signature of Notary e I
E 6/7/99 Contract No. 3532 Page 28 of 67Pages
CONTRACT 0 PUBLIC WORKS
This agreement is made this 19th day of Ami1 I 119 2000 bj between the Cartsbad Municipal Water District of Carlsbad, California, a municipal corpor
(hereinafter called "District"),
and SIM J HARRIS COMMUNICATIONS whose principal place of business is
9233 HARRIS PLANT ROAD, SAN DIEGO CA 92145 (hereii
called "Contract or'').
District and Contractor agree as follows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract docu
DAVIS AVE. WATER LINE REPLACEMENT
CONTRACT NO. 3532
CMWD 99-102
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of (
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Exper
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specification
Supplemental Provisions, and all proper amendments and changes made thereto in accordanc
this Contract or the Plans and Specifications, and all bonds for the project; all of whic
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the WI
indicated, specified, and implied by the Contract Documents. Any items of work not indica
specified, but which are essential to the completion of the work, shall be provided at the Contr
expense to fulfill the intent of said documents. In all instances through the life of the Contra
District will be the interpreter of the intent of the Contract Documents, and the District's dt
relative to said intent will be final and binding. Failure of the Contractor to apprise subconti
and materials suppliers of this condition of the Contract will not relieve responsibility of compli:
4. Payment. For all compensation for Contractor's performance of work under this Co
District shall make payment to the Contractor per section 9-3 PAYMENT of the St:
Specifications for Public Works Construction (SSPWC) 2000 hereinafter designated "SSPW
issued by the Southern California Chapter of the American Public Works Association, a
amended by the Supplemental Provisions section of this contract. The Engineer will cloi
estimate of work completed for progress payments on the last working day of each month.
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5. Independent Investigation. Contractor has made an independent investigation c
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress
work, and is aware of those conditions. The Contract price includes payment for all work that rn
done by Contractor, whether anticipated or not, in order to overcome underground conditions.
information that may have been furnished to Contractor by District about underground conditic
other job conditions is for Contractor's convenience only, and District does not warrant thi
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underg
conditions and has not relied on information furnished by District.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves dl
trenches or other excavations that extend deeper than four feet below the surface Contractoi
promptly, and before the following conditions are disturbed, notify District, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous u
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions, Subsurface or latent physical conditions at the site differing from
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any UI
nature, different materially from those ordinarily encountered and generally recognized as inhe
work of the character provided for in the contract.
District shall promptly investigate the conditions, and if it finds that the conditions do materi;
differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs
the time required for, performance of any part of the work shall issue a change order und
procedures described in this contract.
In the event that a dispute arises between District and Contractor whether the conditions mal
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, c
required for, performance of any part of the work, contractor shall not be excused fror
scheduled completion date provided for by the contract, but shall proceed with all work
performed under the contract. Contractor shall retain any and all rights provided either by conti
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 require
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has co
and will comply with these requirements, including, but not limited to, verifying the eligibi
employment of all agents, employees, subcontractors, and consultants that are included
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Departn
Industrial Relations has determined the general prevailing rate of per diem wages in accordanc
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wagt
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursi
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shz
copies of all applicable prevailing wages on the job site.
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9. Indemnification. Contractor shall assume the defense of, pay all expenses of defensc
indemnify and hold harmless the District and the City of Carlsbad, and its officers and emplc
from all claims, loss, damage, injury and liability of every kind, nature and description, direc
indirectly arising from or in connection with the performance of the Contract or work; or fro1
failure or alleged failure of Contractor to comply with any applicable law, rules or regul
including those relating to safety and health; and from any and all claims, loss, damages, injui
liability, howsoever the same may be caused, resulting directly or indirectly from the nature
work covered by the Contract, except for loss or damage caused by the sole or active neglige1 willful misconduct of the District or City. The expenses of defense include all costs and exp
including attorneys' fees for litigation, arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City and District against any challenges to the
of the contract to Contractor, arising in whole or in part from alleged inaccuraci
misrepresentation by Contractor, whether intentional or otherwise, and Contractor will pay all
including defense costs for the City and District. Defense costs include the cost of separate c(
for City and District, if City or District request separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract ins1
against claims for injuries to persons or damage to property which may arise from or in conn
with the performance of the work hereunder by the Contractor, his or her agents, represent;
employees or subcontractors. Said insurance shall meet the District's policy for insurance as
in Resolution No. 772.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum
indicted herein: 0 a. Comprehensive General Liability insurance: $1,000,000 combined single lim
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a se
aggregate in the amounts specified shall be established for the risks for which the District and
or its agents, officers or employees are additional insured.
b. Automobile Liability Insurance: $1,000,000 combined single limit per accident for
injury and property damage. In addition, the auto policy must cover any vehicle used
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and w
scheduled or non-scheduled. The auto insurance certificate must state the coverage is fo
auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensatior
as required by the Labor Code of the State of California and Employers' Liability limits of $1 ,O(
per incident. Workers' compensation offered by the State Compensation Insurance FI
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required
this agreement with the exception of Workers' Compensation and Business Automobile L
Insurance contain, or are endorsed to contain, the following provisions:
a. The District and City, its officials, employees and volunteers are to be covered as adc
insured as respects: liability arising out of activities performed by or on behalf of the Cont
products and completed operations of the contractor; premises owned, leased, hired or borrov
the contractor. The coverage shall contain no special limitations on the scope of protection af
to the District or City, its officials, employees or volunteers. All additional insured endorsement
be evidenced using separate documents attached to the certificate of insurance; one foi
company affording general liability and employers' liability.
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b. The Contractor's insurance coverage shall be primary insurance as respects the Distric
City, its officials, employees and volunteers. Any insurance or self-insurance maintained b
District or City, its officials, employees or volunteers shall be in excess of the contractor's insu
and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage pro
to the District and City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each in
against whom claim is made or suit is brought, except with respect to the limits of the ins
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be end
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduc
coverage or limits except after thirty (30) days' prior written notice has been given to the Distr
certified mail, return receipt requested.
(D) Deductibles And Self-insured Retention (S.I.R.) Levels. Any deductibles or self-ir
retention levels must be declared to and approved by the City. At the option of the District, I
the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respec
District and City, its officials and employees; or the contractor shall procure a bond guaran
payment of losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall cor waiver of all rights of subrogation the insurer may have or may acquire against the District or (
any of its officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its polic
shall furnish separate certificates and endorsements for each subcontractor. Coveragf 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
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the businc
insurance by the State of California Insurance Commissioner as admitted carriers as evidence
listing in the official publication of the Department of Insurance of the State of California andlor
the standards specified by the Board of Directors in Resolution No. 772.
(H) Verification Of Coverage. Contractor shall furnish the District with certificates of insuranl
original endorsements affecting coverage required by this clause. The certificate:
endorsements for each insurance policy are to be signed by a person authorized by that ins
bind coverage on its behalf. The certificates and endorsements are to be in forms approved District and are to be received and approved by the District before the Contract is executed
District.
(I) in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resol
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Arti
(commencing with section 20104) which are incorporated by reference. A copy of Article
included in the Supplemental Provisions I section. The contractor shall initially submit all claim
$375,000 to the District using the informal dispute resolution process described in Public CI
e
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Cost Of Insurance. The Cost of all insurance required under this agreement shall be in
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Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the coi
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the Cal
Government Code) for any claim or cause of action for money or damages prior to filing any Ii
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the C
must be asserted as part of the contract process as set forth in this agreement and not in antici
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the District,
be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code se
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly sub
false claim to a public entity. These provisions include false claims made with deliberate ignora
the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the Carlsbad Municipal Water District seeks to recover penalties pu 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
may subject the Contractor to an administrative debarment proceeding wherein the Contractc
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.3 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referencf
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarm another jurisdiction is grounds for the Carlsbad Municipal Water District to disqualify the Con
or subcontractor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdict
resolution of any disputes between the parties arising out of this agreement is San Diego C
California.
I have read and understand all provisions of Section I1 above.
12. Maintenance of Records. Contractor shall maintain and make available at no cost
City, upon request, records in accordance with sections 1776 and 181 2 of Part 7, Chapter 1,
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principa
of business as specified above, Contractor shall so inform the District by certified
accompanying the return of this Contract. Contractor shall notify the District by certified mail
change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with I
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 sub:
for any moneys withheld by the District to secure performance of this contract for any ob1
established by this contract. Any other security that is mutually agreed to by the Contractor a
District may be substituted for moneys withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of la
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clause required by law to be inserted in this Contract shall be deemed to be inserted hereii
included herein, and if, through mistake or otherwise, any such provision is not inserted, or
correctly inserted, then upon application of either party, the Contract shall forthwith be phy!
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth i
"General Provisions" or 'I Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUS1
ATTACHED
0
(CORPORATE SEAL)
CONTRACTOR: Communications
SJB Communicazions ~ Inc ~
dba: Sim J. Harris
l "$ptjydE--' e &d title)
By\oL-;efld/;fl,z4 f
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. I
one officer signs, the corporation must attach a resolution certified by the secretary or as$
secretary under the corporate seal empowering that officer to bind the corporation.
If signed by an individual partner, the partnership must attach a statement of partnership authc
the partner to execute this instrument.
APPROVED AS TO FORM:
a
Assistant General Counsel
a
4- r,s 6/7/99 Contract No. 3532 Page 34 of 67 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared
jkpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(
whose namefsrisb subscribed to the within instrume
and acknowledged to me that he/- executed tk
same in his- authorized capacity-and that t
his/MsignaturgCg) on the instrument the person6
or the entity upon behalf of which the person(s2actec
executed the instrument.
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could preven
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited [? General 0 Partner - 0 Limited 0 General Ll Attorney-in-Fact 0 Attorney-in-Fact
0 Guardian or Conservator El Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Reorder: Call Toll-Free 1 -I 0 1995 National Notary Association. 8236 Remmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-7184 Prod. No. 5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-,
State of L ~L&~Y \TL L
rsonally appeared
ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persoN
whose name@)%dmSsubscribed to the within instrume
and acknowledged to me that he/skefttreplexecuted tt
same in his/mr authorized capacity(ie, and that I
his/hev'tEr signaturwon the instrument the persoy?
or the entity upon behalf of which the person,@ acte
executed the instrument.
WITNESS my hand and official seal.
Though the information below IS not required by law, It may prove valuable to persons relymg on the document and could prevei
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
CapacityQes) Claimed by Signer@)
0 Individual 0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
El Corporate Officer
Tit1 e( s) :
0 Attorney-in-Fact
0 Guardian or Conservator Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Reorder Call Toll-Free 0 1995 National Notary Association * 8236 Remmet Ave , PO Box 7184 - Canoga Park CA 91309-7184 Prod No 5907
BOND1::NO. 929 1 175 19
PREMIUM: INCLUDED IN PERFON
a LABOR AND MATERIALS BOND
WHEREAS, the Board of Directors of the City of Carlsbad, State of California, by Res
No. 1074 , adopted MARCH 7, 2000 , has awarc
e SIM J HARRIS COMMUNICATIONS
(hereinafter designated as the "Principal"), a Contract for: DAVIS AVE. WATER LINE REPLACEMENT
CONTRACT NO. 3532 CMWD 99-102
in tho City of Carlsbad, in strict conformity with the drawings arid specifications, and other Cm
Documents now on file in the Office of the Secretary of the Board of Directors (City Clerk of ti
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 require the furnishing of a bond, providing that if Principal or any of their subcontractors shal pay for any materials, provisions, provender or other supplies or teams used in, upon or ab1
peiformance of the work agreed to be done, or for any work or labor done thereon of any ki
Surely on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE,
as Principal, (hereinafter designated as the "Contractor"), and WESTERN SURETY COMPA
3s Surety, are heid firmly bound unto the Carlsbad Municipal Water District in the :
FIFTY NINE THOUSAND TWO HUNRRED SIXTY
bejn9-m amount &-;>I to: One hundred percent (100%) of the total estimated amount payablc
said contract by the Carlsbad Munlcipal Water District under the terms of the contract when tl armunt payable does not exceed five mil[ion dollars ($5,000,000) or, Fifty percent (50%) of tl
estimated amount payable under said contract by the City of Carlsbad under the terms
contract when the total amount payable is not less than five.million dollars ($5,000,000) and d
exceed ten million dollars ($10,000,000) or, Twenty-five percent (25%) of the total estimated l payable under said contract by the City of Carlsbad under the terms of the contract if the c
excceds ten rnillion dollars (SlO,OOO,OOO) and for which payment well and truly to be made \
ourselves, our heirs, executors and adminis.bators. successors, or assigns, jointly and se firmly by these presents.
THE CONDITION OF THIS OBLIGATION is SUCH that if the person or hidher subcontractor
pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or ab
periormanca of the work contracted to be done, or for any other work or labor thereon of any
for amounts due under the Unemployment [nsurance Code with respect to such work or labo
any amounts required to be deducted, withheld, and paid over to the Employment Devel
Department from the wages of employees of the contractor and subcontractors pursuant to
13020 of Ilie Unemployment Insurance Code with respect to such work and labor that the SU
pay for lhe same, not to exceed the sum specified in the bond, and, also, in case suit is broug
the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to I
by the coiirl, as required by the provisions of section 3248 of the California Civil Code,
This bond dm11 inure to the benefit of my and all persons, companies and corporations entitle clairns under Titie 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082)
SIM J HARRIS COMMUNICATIONS
SIX 16/0Q----------------------------.------- Dollars ($ 59,266.36 1, SE
a
--. ,.,--
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@ Surety stipulates and agrees that no change, extension of time, alteration or addition to the te?
the Contract, or to the work to be performed thereunder or the specifications accompanyii sarm shall affect its obligations on this bond, and it does hereby waive notice af any d
extension of time, alterations or addition to the terms of the contract or to the work or specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contract0
not oxonerate the Surety from its obli ations under this bond. Exixuted by CONTRACTOR this ?l th Executed by SURETY this 29TH
dayof- *Vi’ 1- qxJ 2000 of MARCH , tl$
CONTRACTOR: dba: Sim J. Harris Communicati%!FET(:
SJH Communications, Inc. WESTERN SURETY COMPANY - - (name of Surety)
(address of Surety)
(telephone number of Surety)
1800 E. IMPERIAL Hwy.
BREA, CA 92821
714/255-2202 --,. (print name here}
Vice President, SJH Communications, Inc. BY: h L
- (signature of womey$-Factj-
(printed name of Attorney-in-Fac
(attach corporate resolution showing CI
BROOKE LBFRENZ
a
Stephea A. Bieri
c--- (print name here}
(Litle and organization of signatory)
Secrecary, _____..L SJH Communications, Inc. ” power of attorney)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attachel
(President or vice-president and secretary or assistant secretary must sign for corporations one ofker signs, the corporation must attach a resolution certified by the secretary or E s3cretarj under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
Assistant General Counsel e
8%
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared
ersonally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(!
whose name@) ish subscribed to the within instrumer
and acknowledged to me that he/skeHkeg.-executed th
same in his/- authorized capacitw), and that I:
his/ht&thFTsignature@ on the instrument the persorr(s
or the entity upon behalf of which the persot?+) actec
executed the instrument.
WITNESS my hand and official seal.
Signature of Notaryi%blic
Though the information below is not required by law, it may prove valuable fo persons relying on the document and could preven
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
0 Individual 0 Individual
0 Corporate Officer
0 Attorney-in- Fact 0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Prod No 5907 Reorder Call Toll-Free 1 0 1995 National Notary Association - 8236 Remmet Ave PO Box 7184 * Canoga Park CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared
same in his/her/their authorized capacitym and that I
his/hm%eir signature@) on the instrument the persofl
or the entity upon behalf of which the person@j-acte
executed the instrument.
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could preve
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General
Tit le@) :
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Reorder Call Toll Free 0 1995 National Notary Association * 8236 Remmet Ave PO Box 7184 * Canoga Park, CA 91309 7184 Prod No 5907
} ss. STATE OF CALIFORNIA
COUNR OF SAN DIEGO
On 29 MARCH 2000 , before me, WENDY H. DOWNS, NOTARY PUBLIC
PERSONALLY APPEARED BROOKE LAFRENZ
-
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person($) whose name(#)
is/- subscribed to the within instrument and acknowl-
edged to me that h-e/she/they executed the same in km'
herfieit authorized capacity(resj, and that byWher/
tl&r-signature($) on the instrument the person($), or the
entity upon behalf of which the person($) acted, executed
the instrument.
VVIThTSS my hand and official seal.
This areafor O!icia[ Noiarial Seal Signature
1 0 PTI ON AL
Though the data below IS not required by law, It may prove valuable to persons relying on the document and could prt fraudulent reattachment of this form.
CAPACITY CLAl MED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEf
INDIVIDUAL 0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT nnnE(s)
0 PARTNER@) 0 LIMITED
Ig ATTORNEY-IN-FACT NUMBER OF PAGES c] TRUSTEE(S) 0 GUARDIANKONSERVATOR
OTHER:
0 GENERAL
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(1ES)
SURETY SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Re\ 6/94 ALL-PURPOSE ACKNOWLECGEMENT
Wiiiif Western Surety Company
A Subsidiary of CNA Surety Corporation 0
POWER OF AlTORN EY APPOl NTI N G I NDlVl DUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized anc
corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature
herein affixed hereby make, constitute and appoint La:rry D. Cogdill, Ingrid Erika Crosby, Brooke Lafrenz, Michael W. Thomas, Wendl
Downs , Individually
. -.
~- -
.- ._._...._
of L?-. c'an ._.___I Diego California
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corpori
all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed, on the reverse hereof, duly
as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its President and its corporai
be hereto affixed on this 2 6th day of January 2000 .
r*"l*",,
RETY C M /4dpkL4d * ,$$lc.q;%% Q., \.os* WESTE
BW:O egg zul:
* ****.. * " 7n.*' D&$@&
**w/
~qoePO~.9ii,&
a
%%..,a, A\.&: Stephen T. Pate, F
January : 2 0 0 0 , before me personally came Stephen T. Pate, to m
who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the I
of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corpora
the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Dii
said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and dee
corporation. ts%%rn-~~.~~-%+*% t S 5 J. MOHR - NOTARY PUBLIC G f
@SOUTH DAKOTA a; My [commission expires
- October 22, 2005 5 My Commission Expires 10-22-2005 f t %%***r4*+%-b6h%-w-b* t
I ss
State of South Dakota
County of Minnehaha
On this 26th day of
2
J. Mohr, Nota
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SUREW COMPANY do hereby certify that the Power of Attorney hereinabove SI
still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whew
hereunto subscribed my name and affixed the seal of the said corporation this2m .__. day of ________ MARCH
2m-.
WEST R SURETY COM
__. __ - ... - .. .__.._ _-.- +%+- . elion, Assistant I
*.@$e $&,. .+? oe4>g? pi." e:9' iLt
S?..,.S, AL;.w 0 %&!%&
Form F4280-12-99
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted I
shareholders of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation Shi
executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or an
President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Seci
any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue k
policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any t:
policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer ar
corporate seal may be printed by facsimile.
BOND NO. 929117519
PREMIUM: $853.00
FAITHFUL PERFORMANCENARRANTY BOND ,a
WHEREAS, the Board of Directors of the Carisbad Municipal Water District of the City of Ca
State of California, by Resolution No. 10711 ---.-, adopted ?ARCH 7, 2000 , has ab
to SIM J HARRIS COMMUNICATlONS , (herei
designated as the "Principal"), a Contract for:
DAVIS AVE. WATER LINE REPLACEMENT
CONTRACT NO. 3532
CMWD 99-102
in the Carlsbad Municipal Water District, in strict conformity with the contract, the drawin!
specifications, and other Contract Documents now on file in the Office of the Secretary of the
of Directors (City Clerk of the City of Carlsbad), ail of which are incorporated herein by this ref
WHEREAS, Principal has executed or is about to execute said Contract and the terms :
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NQV~, THEREFORE, WE, SIM J HARRIS COMMUNICATIONS , as Prii
(hareinafter designated as the "Contractor"), and WESTERN SURETY COMPANY
, as Surety, are held and frnnly bound unto the Carlsbad Mt
Water District, in the sum of FIFTY NINE THOUSAND TWO SIXTY SIX AND 36/1
.a
59,26C. 36 _1-.--_--------------_______________l__ll----------------
-__II_ Dollars ($-
said sum bsing equal to one hundred percent (100%) of the estimated amount of the Contrac
paid to District or its certain attorney, its successors and assigns; for which payment, well and
be made, we bind ourselves, our heirs, executors and administrators, SUCC~SSOFS or assigns
and severally, Firmly by these presents.
THE CONDlTlON OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, the
executors, administrators, successors or assigns, shall in all things stand to and abide by, a
and truly keep and perform the covenants, conditions, and agreements in the Contract a
alteration thereof made as therein provided on their part, to be kept and performed at the time
the manner therein specified, and in all respects according to their true intent and meaning, ai
indemnify and save harmless the Carlsbad Municipal Water District, its officers, employe
agents, as therein stipulated, then this obligation shall become null and void; othetwise
remain in full form and effect.
As a part if the obligation secured hereby and in addition to the face amount specified therefc
shall be included costs and reasonable expenses and fees, including reasonable attorney
inm-red by the District in successfully enforcing such obligation, all to be taxed as CO!
iriduded in any judgment rendered. 0
QW 'yd
Surety stipulates and agrees that no change, extension of time, alteration or addition to the tc
thc Contract, or to the work to be performed thereunder or the specifications accompany
same shall affect its obligations on this bond, and it does hereby waive notice of any c
extension of time, alterations or addition to the terms of the contract or to the work or
specifications.
0
a
a
4% X.Q
In the event that Contractor is an individual, it is agreed that the death of any such Contract(
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this ' lth Executed by SURETY this 29TH d
0
&eooc
8-
April 2000 MARCH day of 1-
CONTRACTOR: SURETY: SJH Communications, Inc.
dba: SIX J. TURRIS COMMUNICATIONS WESTERN SURETY COMPANY
(name of Contractor) (name of Surety)
1800 E. IMPERIAL HWY.
BREA, CA 92821 By:
(address of Surety)
714/255-2202
--I- (print name here) (telephone number of Surety)
ByI: (signature of tt mey-i fact)
Vice President, SJH Communications, Inc.
(Title and Organization of Signatory) 1 B BROOKE LBPRENZ f --l
Bk />&Zc&, (printed name of Attorney-in-Fact)
I d-;.:. - /g' (sign here)
Stephen A-. Bieri --.-_I , . (Attach corporate resolution showing
(print name here)
Secretary, SJH Communications, Inc.
power of attorney.)
- (Title and Organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attache1
(President or vice-president and secretary or assistant secretary must sign for corporations.
one oficer signs, the corporation must attach a resolution certified by the secretary or a
secretary under corporate seal empowering that officer to bind the corporation.)
AFPROVED AS TO FORM:
Assistant General Counsel e
*k 'i.B
CALIIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Narne(s) of Signer@)
$personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person6
whose name0 is/m subscribed to the within instrumei
and acknowledged to me that he/.- executed tt-
same in his/herMEir authorized capacitfitzs), and that I:
his/het=Meir signature@$on the instrument the person@
or the entity upon behalf of which the person@) actel
executed the instrument.
WITNESS my hand and official seal.
q
:I 'ULUAL*A I\ A JL
Signature of Notary Public-
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevei
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer 0 Corporate Officer
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association * 8236 Rernmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Frec
CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
personally appeared
$#.gersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personfr
whose name(e+is/m subscribed to the within instrumer
and acknowledged to me that he/skefttrepexecuted th
same in his/- authorized capacity@%), and that b
his/her/their signature@ on the instrument the person@
or the entity upon behalf of which the persow actec
executed the instrument.
WITNESS my hand and official seal.
-! I 0 X6
L. bJ-u Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could preveni
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
0 Individual 0 Individual
0 Corporate Officer 0 Corporate Officer
0 Partner - 0 Limited 0 General
0 Attorney-in- Fact 0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
3 -
0 1995 National Notary Association * 8236 Remmet Ave PO Box 7184 * Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-E
STATE OF CALIFORNIA
COUNTYOF sAN DIEGO
} ss.
Ch 29 MARCH 2000 , before me, WENDY H- DOWNS, NOTARY PUBLIC
PERSONALLY APPEARED BROOKE LAFRENZ
-
-
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(4 whose name($)
IS/* subscribed to the within instrument and acknowl-
edged to me that he/she/thq executed the same in kts7/
herfieir authorized capacityM, and that byhts/her/
dteirsignature($) on the instrument the person(#), or the
entity upon behalf of which the person(#) acted, executed
the instrument.
VVITNESS my hand and official seal.
Thzs areaor Oficial Notarral Seal Signature
I OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEh
c] INDIVIDUAL 0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 PARTNER(S) LIMITED
m ATTORNEY -IN-FACT
TRUSTEE(S) 0 GUARDIAN/CONSERVATOR c] OTHER:
0 GENERAL
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
SURETY SIGNER(S) OTHER THAN NAMED ABOVE
I
ID-OS1 Ih 6/94 ALL-PURPOSE ACKNOWLECGEMENT
Wiiif Western Surety Company
A Subsidiary of CNA Surety Corporation a
POWER OF AlTORN EY APPOl NTI NG IN DM DUAL ATTORNEY -I N-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and I
corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature a
herein affixed hereby make, constitute and appoint
Larry ._ . . - .-- -. _____ D. Coqdill, Ingrid Erika Crosby, Brooke Lafrenz, Michael W. Thomas, Wendy
D~is, Individually
. __
.__
-.~ . _~_~_ San Diego California of ..-. .-.__._I
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bl
undeflakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and tc, bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporat
all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed, on the reverse hereof, duly a(
as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its President and its corporate
be hereto affixed on this 2 6th day of January 2000 .
@-h WESTE RETY C M 47 g &q;q+
'0)lb c)gj '%>i". ,&-;!s: u
a
gwi
% &d;;a'" Stephen T. Pate, Prl
January , 2 0 0 0 , before me personally came Stephen T. Pate, to me
who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Pr
of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporatit
the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Dire'
said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed
corporation. +s4.rsrrrrrrs....*rr+-*+-%t
My commission expires
October 22,2005
I ss
State of South Dakota
County of Minnehaha
C)n this 26th day of
J. MOHR I - NOTARY PUBLIC^^ I
: %-%*-s.+
J
@SOUTH DAKOTA I/' J. Mohr, Notar) ' My Commission Expire5 10-22-2005 f
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set
still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony where0
BIQ-.
hereunto subscribed my name and affixed the seal of the said corporation this----. day of ----.._-- NARCH
WEST R SURETY COMP
CY%%&+ . &on, Assistant SE - ___ ___. . - . ._ -.. .- _.__. -_
,*!!LC?&
&'*Q O%&l c- zp c;z 0 &@ ~t!.<:.,s, Ab:!sf
Form F4280-12-99
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted [3
shareholders of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation sha
executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any
President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secr
any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue b
policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any b
policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer ar
corporate seal may be printed by facsimile.
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the Carlsbad Municipal
District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter c
"District" and
a
whose addre
hereinafter
"Contractor" and whose addre
herein
called "Escrow Agent."
For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agrc
follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of Calif
the contractor has the option to deposit securities with the Escrow Agent as a substitute for rett
earnings required to be withheld by the District pursuant to the Construction Contract enterel
between the District and Contractor for DAVIS AVE. WATER LINE REPLACEMENT, CONTf
NO. 3532, CMWD 99-102, in the amount of
(hereinafter referred to as the "Contract"). Alternatively, on written request
contractor, the District shall make payments of the retention earnings directly to the escrow a!
When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow I
shall notify the District within 10 days of the deposit. The Escrow Agent shall maintain insuran
cover negligent acts and omissions of the escrow agent in connection with the handling of reter
under these sections in an amount not less than $100,000 per contract. The market value c
securities at the time of the substitution shall be a least equal to the cash amount then required
withheld as retention under the terms of the contract between the District and Contractor. Seci
shall be held in the name of the , and shall designal
Contractor as the beneficial owner.
2. The District shall make progress payments to the Contractor for such funds which othe
would be withheld from progress payments pursuant to the Contract provisions, provided th;
Escrow Agent holds securities in the form and amount specified above.
3. When the District makes payment of retentions earned directly to the escrow agent, the e:
agent shall hold them for the benefit of the contractor until such time as the escrow created u
this contract is terminated. The contractor may direct the investment of the payments into secur
All terms and conditions of this agreement and the rights and responsibilities of the parties sh;
equally applicable and binding when the District pays the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the Es
Agent in administering the Escrow Account and all expenses of the District. These expenses
payment terms shall be determined by the District, Contractor and Escrow Agent.
a
*
4- 6# 6/7/99 Contract No. 3532 Page 40 of 67 Pages
5. The interest earned on the securities or the money market accounts held in escrow a
interest earned on that interest shall be for the sole account of Contractor and shall be sub,
withdrawal by Contractor at any time and from time to time without notice to the District.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Ac
only by written notice to Escrow Agent accompanied by written authorization from District
Escrow Agent that District consents to the withdrawal of the amount sought to be withdral
Contractor.
7. The District shall have a right to draw upon the securities in the event of default t
Contractor. Upon seven days' written notice to the Escrow Agent from the District of the defat
Escrow Agent shall immediately convert the securities to cash and shall distribute the ca
instructed by the District.
8. Upon receipt of written notification from the District certifying that the Contract is fini
complete and that the Contractor has complied with all requirements and procedures applicz
the Contract, the Escrow Agent shall release to Contractor all securities and interest on depos
escrow fees and charges of the Escrow Account. The escrow shall be closed immediate11 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 District and the con
pursuant to sections (I) to (8), inclusive, of this agreement and the District and Contractor sha
Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the sec
and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive written
on behalf of the District and on behalf of Contractor in connection with the foregoing, and exei
of their respective signatures are as follows:
e
@ For District: Title
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Sign at ure
Address
e
e= rrs 6/7/99 Contract No. 3532 Page 41 of 67Pages
At the time the Escrow Account is opened, the District and Contractor shall deliver to the E!
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers c
date first set forth above.
c
For District: Title
Name
Signature
Address
For Contractor: Title
Name
Sign at ure
Address
r) For Escrow Agent: Title
Name
Signature
Address
8
4- 6# 6/7/99 Contract No. 3532 Page 42 of 67 Pages
SUPPLEMENTAL PROVISIONS
FOR
DAVIS AVE. WATER LINE REPLACEMENT
e
CONTRACT NO. 3532
CMWD 99-102
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTIC
PART I, GENERAL PROVISIONS
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOI
1-1 TERMS
Add th'e following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "schec
or words of similar import are used, it shall be understood that reference is made to the
accompanying these provisions, unless stated otherwise. 0 Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar impc
used, it shall be understood that the direction, designation or selection of the Engineer is intc
unless stated otherwise. The word "required" and words of similar import shall be understc
mean "as required to properly complete the work as required and as approved by the Engi
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", an(
words of similar import are used, it shall be understood such words are followed by the exprc
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "app
"acceptance", or words of similar import are used, it shall be understood that the apl
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor,
expense, shall perform all operations, labor, tools and equipment, and further, includir
furnishing and installing of materials that are indicated, specified or required to mean th
Contractor, at its expense, shall furnish and install the work, complete in place and ready t
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be excli
defined by the definitions assigned to them herein.
Agency - the Carlsbad Municipal Water District of Carlsbad, California. a
em Gs 6/7/99 Contract No. 3532 Page 43 of 67Pages
Board of Directors - the Board of Directors of the Carlsbad Municipal District of the C
Carlsbad.
Executive Manager - the Executive Manager of the Carlsbad Municipal Water District or hl
approved representative.
Dispute Board - persons designated by the Executive Manager to hear and advise the Exec
Manager on claims submitted by the Contractor. The Executive Manager is the last appeal lev
informal dispute resolution.
Engineer - the District Engineer of the Carlsbad Municipal Water District or hidher appi
representative. The District Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the or
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are I
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fu
such employees have their employment taxes, State disability insurance payments, State
Federal income taxes paid and administered, as applicable, by the Contractor. When us(
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or le
and uses to accomplish the Work. Equipment that is owner operated or leased equipment wil
operator is not part of the Contractor‘s Own Organization and will not be included for the purpo
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 pro
who is employed by neither the Contractor nor a subcontractor and is neither an agent or emp
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appe
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administi
and first level for informal dispute resolution.
Project Manager - the Deputy City Engineer of the Utilities Engineering Division of the Cil
Carlsbad or hidher approved representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for infc
dispute resolution.
e= +$ 6/7/99 Contract No. 3532 Page 44 of 67 Pages
1-3 ABBREVIATIONS
@ 1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts Apartment and Apartments
Bldg Building
CMWD Carlsbad Municipal Water District
CSSD Carlsbad Supplemental Standard Drawings
cfs Cubic Feet per Second
Comm Commercial
DR Dimension Ratio
E Electric
G Gas
gal Gallon and Gallons
Gar Garage and Garages
GNV Ground Not Visible
gpm gallons per minute
IE Invert Elevation
MSL
NCTD North County Transit District
OHE Overhead Electric
ROW Right-of-way
S
SDRSD
Mean Sea Level (see Regional Standard Drawing M-12)
Sewer or Slope, as applicable
San Diego Regional Standard Drawings
Sewer Force Main
Telephone
Underground Electric
Water, Wider or Width, as applicable
e SFM
UE
W
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 rec
the Contractor to complete 50 percent of the contract price with its own organization, the AI
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 perc
the value of the work performed in excess of 50 percent of the contract price by other thz
Contractor's own organization. The Board of Directors shall be the sole body for determinatio
violation of these provisions. In any proceedings under this section, the prime contractor sh
entitled to a public hearing before the Board of Directors and shall be notified ten (IO) d:
advance of the time and location of said hearing. The determination of the Board of Directors
be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete,
is listed in the latest version of U.S. Department of Treasury Circular 570."
Modify Paragraphs three and four to read: The Contractor shall provide a f
performance/warranty bond and payment bond (labor and materials bond) for this contract. 0
*w %p 6/7/99 Contract No. 3532 Page 45 of 67Pages
faithful performance/warranty bond shall be in the amount of 100 percent of the contract price
Contractor shall provide bonds to secure payment of laborers and material suppliers, in an ar
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract whe
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 amount payable is not less than five million dollars ($5,000,000) and does not exceed ten r
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable be the :=ms of the contract if the co 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 projec
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 3C
after recordation of the Notice of Completion and will remain in full force and effect for the one
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer
bonds to secure payment of laborers and material suppliers shall be released six months pl
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 admitter
authorized to transact the business of insurance in California and whose assets exceed
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to conta
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
2) A certified copy of the certificate of authority of the insurer issued by the insurance cornmissit
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities
insurer at the end of the quarter calendar year prior to 30 days next preceding the date 1
execution of the bond. The financial statement shall be made by an officer’s certificate as defii
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statemer
be verified by the oath of the principal officer or manager residing within the United States.
instrument entitling or authorizing the person who executed the bond to do so.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Sta
Specifications for Public Works Construction, (SSPWC), 2000, hereinafter designated “SSPW(
written and promulgated by the Joint Cooperative Committee of the Southern California Ct
American Public Works Association and Southern California Districts Associated Gt
Contractors of California, and as amended by the Supplemental Provisions section of this contri
The construction plans consist of one (1) set. The set is designated as City of Carlsbad Drawir
384-8 and consists of four (4) sheets. The standard drawings used for this project are the
edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as i
by the San Diego County Department of Public Works, together with the most recent edition
Carlsbad Municipal Water District Supplemental Standard Drawings. Copies of some of the pel
standard drawings are enclosed as an appendix to these Supplemental Provisions.
*= E# 6/7/99 Contract No. 3532 Page 46 of 67 Pages
2-5.2 Precedence of Contract Documents, modify as follows:
If there is a conflict between Contract Documents, the document highest in precedence shall c
The precedence shall be the most recent edition of the following documents listed in order oft-
to lowest precedence:
1) Permits from other agencies as may be required by law.
2) Supplemental Provisions.
3) Plans.
4) Standard Plans.
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.
Change Orders, Supplemental Agreements and approve revisions to Plans and Specificatio
take precedence over items 2) through 7) above. Detailed plans and plan views shall
precedence over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively num
Resubmittals shall be labeled with the number of the original submittal followed by an ascc
alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the
submittal has been given to the Engineer). Each sheet of each submittal shall be consec
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of tran
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@) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittal!
6) Description of the contents of the submittals.
7) Identification of deviations from the contract documents.
When submitted for the Engineer’s review, Shop Drawings shall bear the Contractor’s certif
that he has reviewed, checked, and approved the Shop Drawings and that they are in confori
with the requirements of the Contract Documents. The Contractor shall subscribe to and shall
the following certification on all submittals:
“I hereby certify that the (equipment, material) shown and marked in this submittal is that propa
be incorporated into this Project, is in compliance with the Contract Documents, c&r.i-be. iFta . . . : .... - . .* . :.. :
0
il)
*. . a. the allocated spaces, and is submitted for approval.
.* . : - . . .... -. *. , . -.:. -_ *..*..
By: Title:
Date: .-_ ..
Company Name:
::.::*. ::
e
e= tS 6/7/99 Contract No. 3532 Page 47 of 67 Pages
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete ”as-I
record set of blue-line prints, which shall be corrected in red daily and show every change fron
original drawings and specifications and the exact “as-built‘’ locations, sizes and kinds of equipn
underground piping, valves, and all other work not visible at surface grade. Prints for this purl
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shz
used only as a record set and shall be delivered to the Engineer upon completion of the w
Payment for performing the work required by section 2-5.4 shall be included in various bid items
no additional payment will be made therefor.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following:
Contractor shall not cover or disturb permanent survey monuments or benchmarks withoul
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protei
an existing monument in place is impractical, the Contractor shall employ a licensed land survey
a registered civil engineer authorized to practice land surveying within the State of Califa
hereinafter surveyor, to establish the location of the monument before it is disturbed. The Contr
shall have the monument replaced by the surveyor no later than thirty (30) days after constructi
the site of the replacement is completed. The surveyor shall file corner record(s) as required t
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 whi
permanent survey monument is located, the Contractor shall adjust the monument frame and c
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monui
frames and covers shall be protected during street sealing or painting projects or be cleaned tc
satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor
hire and pay for the services of a surveyor to perform all work necessary for establishing COI
construction staking, records research and ail other surveying work necessary to construct the v
provide surveying services as required herein and provide surveying, drafting and other profess
services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resi
on the site during all surveying operations and shall personally supervise and certify the surv~
work.
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform tc
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade shee
the Engineer before commencing work in the area affected by the grade sheets. The Contractor
submit field notes for all surveying required herein to the Engineer within ten days of performin1
survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bc
form on 215mm by 280 mm (8’1211 by 1 I”) paper. The field notes, calculations and data shall be
and complete with name of the Surveyor, the party chief, field crew members, preparer of the
notes or calculations. They shall be annotated with the date of observation or calculatior
numbered with consecutive page numbers and shall be readable without resort to any electronic
computer program or documentation for any computer program. The field notes shall be preparl
conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of SL
prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of Calif1
Business and Professions Code when the surveyor performs any surveying that such mz
required under §§ 8762 of the State of California Business and Professions Code and wheneve
4- tS 6/7/99 Contract No. 3532 Page 48 of 67Pages
Type of Stake I
Horizontal Control
Vertical Control
Clearing
Grading
Structure
Drainage, Sewer, Curb
Rig ht-of-Way
Miscellaneous
Description 1 Color*
Coordinated control points, control lines, control reference points, centerline, alignments, etc.
Bench marks
White10
Limits of clearing Yellowl
Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow grade, etc.
Bridges, sound and retaining walls, box culverts, etc. White
Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm Blue
drains, slope protection, curbs, gutters, etc.
Fences, Rl W lines, easements, property monuments, etc. WhitePl
Signs, railings, barriers, lighting, etc. Orange
WhitelR
Add the following section:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sec
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work an
additional payment will be made. Extension of unit prices for extra work shall include
compensation for attendant survey work and no additional payment will be made therefor. Pay
for the replacement of disturbed monuments and the filing of corner records shall be incidental t
work necessitating the disturbance of said monuments and no additional payment will be r
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 c(
of all records in the Contractor’s or subcontractor’s possession pertaining to the work tha
Engineer may request.
Add the following section:
2-1 0.2 Audit And Inspection, Contractor agrees to maintain and/or make available, tc
Engineer, within San Diego County, accurate books and accounting records relative to z
activities and to contractually require all subcontractors to this contract to do the same.
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontra
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to inc
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and intervie
Contractor’s staff and the staff of all subcontractors to the contract. At any time during nc
business hours and as often as the Engineer may deem necessary, upon reasonable adv
notice, Contractor shall make available to the Engineer for examination, all of its, an
subcontractors to this contract, records with respect to all matters covered by this Contract an
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such datz
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other
relating to all matters covered by this Contract. However, any such activities shall be carried ou
manner so as to not unreasonably interfere with Contractor’s ongoing business opera1
Contractor and all of its subcontractors to this contract shall maintain such data and records fi
long as may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrea
quantity of a minor bid item in excess of 25 percent of the original quantity bid adjustment of cot
unit price for such items will be limited to that portion of the change in excess of 25 percent c
original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess
percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3.2.2 ( c ) Tool and Equipment Rental, Regardle
ownership, the rates and right-of-way delay factors to be used in determining rental and delay 1
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTR
second paragraph, modify as follows:
em r,s 6/7/99 Contract No. 3532 Page 50 of 67 Pages
current at the time of the actual use of the tool or equipment. The right-of-way delay factors 1
shall be used as multipliers of the rental rates for determining the value of costs for delay
Contractor and subcontractors, if any. The labor rates published therein are not a part
contract.
3-3.2.3 Markup,
replace with the following:
(a) and shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
2) Materials ............................. 15
0
Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPM
Work by Contractor. The following percentages shall be added to the Contractor':
3) Equipment Rental ................... 15
4) Other Items and Expenditures . . 15
To the sum of the costs and markups provided for in this section, 1 percent shall be ad(
compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performec
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion
extra work and a markup of 5 percent on work added in excess of $5,000 of the subconi
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, Paym
extra work will not be made until such time that the Contractor submits completed daily repoi
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete pari
five (5), and add the following: The Contractor shall not be entitled to the payment of any ad(
compensation for any act, or failure to act, by the Engineer, including failure or refusal to i!
change order, or for the happening of any event, thing, occurrence, or other cause, unle
Contractor shall have first given the Engineer due written notice of potential claim as here
specified. Compliance with this section shall not be required as a prerequisite to notice provis
Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differen1
measurement or errors of computation as to contract quantities. The written notice of potentia
for changed conditions shall be submitted by the Contractor to the Engineer upon their discove
prior to the time that the Contractor performs the work giving rise to the potential claim
Contractor's failure to give written notice of potential claim for changed conditions to the agenc
their discovery and before they are disturbed shall constitute a waiver of all claims in coni
therewith .
The Contractor shall provide the District with a written document containing a description
particular circumstances giving rise to the potential claim, the reasons for which the Con
believes additional compensation may be due and nature of any and all costs involved wit
working days of the date of service of the written notice of potential claim for changed cond
add the following after the second sentence: a
(I) Verbal notifications are disallowed.
e= %# 6/7/99 Contract No. 3532 Page 51 of 67 Pages
The potential claim shall include the following certification relative to the California False Claim5
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the Cali1
False Claims Act, Government Code sections 12650-1 2655. The undersigned further undersl
and agrees that this potential claim, unless resolved, must be restated as a claim in response t
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 Contr
shall submit substantiation of its actual costs to the Engineer within 20 working days afte
affected work is completed. Failure to do so shall be sufficient cause for denial of any (
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue (
contract be brought to the attention of the Engineer at the earliest possible time in order that
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written noti
potential claim prior to commencing any disputed work. Failure to give said notice shall constit
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with di:
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contr
shall attempt to resolve all disputes informally through the following dispute resolution cha
command:
1. Project inspector
2. Senior Inspector
3. Principal Inspector
4. Public Works Director
5. Executive Manager
The Contractor shall submit a complete report within 20 working days after completion c
disputed work stating its position on the claim, the contractual basis for the claim, along wi
documentation supporting the costs and all other evidentiary materials. At each level of cia
appeal of claim the District will, within 10 working days of receipt of said claim or appeal of c
review the Contractor’s report and respond with a position, request additional information or ret
that the Contractor meet and present its report. When additional information or a meeti
requested the District will provide its position within 10 working days of receipt of said addi
information or Contractor’s presentation of its report. The Contractor may appeal each IC
position up to the Executive Manager after which Contractor may proceed under the provisions (
Public Contract Code.
*w fS 6/7/99 Contract No. 3532 Page 52 of 67Pages
The authority within the dispute resolution chain of command is limited to recommending a res
to a claim to the Executive Manager. Actual approval of the claim is subject to the change @ provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procc
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with I
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 thc
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor
public agency when the public agency has elected to resolve any disputes pursuant to Artil
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code,
that "public work" does not include any work or improvement contracted for by the state
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payn
money or damages arising from work done by, or on behalf of, the contractor pursuant to the c(
for a public work and payment of which is not otherwise expressly provided for or the claiman
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 specific
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the
Claims must be filed on or before the date of final payment. Nothing in this subdivision is inter
extend the time limit or supersede notice requirements otherwise provided by contract for the 1
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall resp
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, wi
days of receipt of the claim, any additional documentation supporting the claim or rela
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submittec
claimant within 15 days after receipt of the further documentation or within a period of time no (
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 hi
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of rec
the claim, any additional documentation supporting the claim or relating to defenses to the ck
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submi
the claimant within 30 days after receipt of the further documentation, or within a period of ti
greater than that taken by the claimant in producing the additional information or req
0
0
em %# 6/7/99 Contract No. 3532 Page 53 of 67 Pages
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to res
within the time prescribed, the claimant may so notify the local agency, in writing, either withi
days of receipt of the local agency's response or within 15 days of the local agency's failu
respond within the time prescribed, respectively, and demand an informal conference to meel
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedi
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
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chap
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code
purposes of those provisions, the running of the period of time within which a claim must be
mall be tolled from the time the claimant submits his or her written claim pursuant to subdivisio
until the time that claim is denied as a result of the meet and confer process, including any peric
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor sha
construed to change the time periods for filing tort claims or actions specified by Chapt
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Div
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims su
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the
shall submit the matter to non-binding mediation unless waived by mutual stipulation of both pa
The mediation process sha, provide for the selection within 15 days by both parties of a disinterc
third person as mediator, shall be commenced within 30 days of the submittal, and sha
concluded within 15 days from the commencement of the mediation unless a time requireme
extended upon a good cause showing to the court or by stipulation of both parties. If the partie
to select a mediator within the 15-day period, any party may petition the court to appoin
mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursua
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procec
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Artic
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
apply to any proceeding brought under the subdivision consistent with the rules pertaining to juc
arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appo
for purposes of this article shall be experienced in construction law, and, upon stipulation c
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay r
exceed their customary rate, and such fees and expenses shall be paid equally by the pa
except in the case of arbitration where the arbitrator, for good cause, determines a different divi
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) Title 3 of Part 3 of the Code of
Procedure, any party who after receiving an arbitration award requests a trial de novo but doe
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chz
pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediatii
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisF
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 or
e= tS 6/7/99 Contract No. 3532 Page 54 of 67 Pages
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in l
of law. e
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free anc
access to any and all parts of work at any time. Such free and safe access shall include me;
safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining
safety of persons as contained in the State of California, California Code of Regulations, T
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction t
Orders and such other safety regulations as may apply. Contractor shall furnish Enginee
such information as may be necessary to keep the Engineer fully informed regarding progres
manner of work and character of materials. Inspection or testing of the whole or any portion
work or materials incorporated in the work shall not relieve Contractor from any obligation tc
this Contract.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of re-testing”, from tk
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bt
cost of testing of locally produced materials and/or on-site workmanship where the results c
tests meet or exceed the requirements indicated in the Standard Specifications ar
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved
before the delivery is started. All materials proposed for use may be inspected or tested at ar
during their preparation and use. If, after incorporating such materials into the Work, it is foul
sources of supply that have been approved do not furnish a uniform product, or if the produc
any source proves unacceptable at any time, the Contractor shall furnish approved materi;
other approved sources. If any product proves unacceptable after improper storage, handlins
any other reason it shall be rejected, not incorporated into the work and shall be removed frc
project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exce
requirements of the specifications shall be borne by the Agency. Said tests may be made
place along the work as deemed necessary by the Engineer. The costs of any retests
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, delete the following phrase: “Unless otherwise authorized I
Engineer, the substantiation of offers must be submitted within 35 days after the award of Cont
add the following: The Contractor is responsible for the satisfactory performance of subs1
items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfact
performance, appearance, durability, compatibility with associated items, availability of repair
and suitability of application the Contractor shall remove the substituted item and replace it wi
originally specified item at no cost to the Agency.
0
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em ts 6/7/99 Contract No. 3532 Page 55 of 67 Pages
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING & STORAGE. The Contractor shall or(
purchase, transport, coordinate delivery, accept delivery, confirm the quality and quality receh
prepare storage area(s), store, handle, protect, move relocate, remove and dispose excess 0’
materials used to accomplish the Work. Materials shall be delivered to the site of the work (
during working hours, as defined in section 6-7.2 and shall be accompanied by bills of lading ‘
shall clearly state for each delivery: the name of the Contractor as consignee, the project name I
number, address of delivery and name of consignor and a description of the material(s) shippt
Prior to storage of any materials which have been shipped to or by the Contractor to any loca
within the Agency’s boundaries the Contractor shall provide the Engineer a copy of le(
agreements for each property where such materials are stored. The lease agreement shall cle,
state the term of the lease, the description of materials allowed to be stored and shall provide for
removal of the materials and restoration of the storage site within the time allowed for the Work.
such storage shall conform to all laws and ordinances that may pertain to the materials stored i
to preparation of the storage site and the location of the site on which the materials are stored. LC
damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformal
to the requirements of this section, both within and outside the limits of work are a part of the Wc
The Engineer shall have the right to verify the suitability of materials and their proper storage at
time during the Work.
SECTION 5 -- UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a se
of known records, endeavored to locate and indicate on the Plans, all utilities which exist withir
limits of the work. However, the accuracy and/or completeness of the nature, size and/or locatic
utilities indicated on the Plans is not guaranteed.
54 RELOCATION. Delete the first paragraph and substitute the following: In order to minil
delays to the Contractor caused by the failure of other parties to relocate utilities that interfere
the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily
the portion of work affected by the utility. Such omission shall be for the Contractor’s convenic
and no additional compensation will be allowed therefor. The portion thus omitted shal
constructed by the Contractor immediately following the relocation of the utility involved un
otherwise directed by the Engineer.
5-6 COOPERATION. Add the following: The Contractor shall be responsible for coordinatinf
replacement of the meter assemblies with Carlsbad Municipal Water District at the time tha
Contractor removes and replaces the copper water services. CMWD will provide the meter, E
stop valves and labor for replacement of meter assemblies. The point of contact at CMWD is
Russell at (760) 438-2722 ext. 71 51.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s prepara
revision and maintenance of the Construction Schedule are incidental to the work and no sep;
payment will be made therefor.
e- %# 6/7/99 Contract No. 3532 Page 56 of 67Pages
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipmer
materials, and performing all operations necessary to complete the Project Work as shown c
Project Plans and as specified in the Specifications. The work includes hi-lining existing ser
removal and disposal of the existing 6-inch ACP water line and construction of an 8-inch PVC
line including all appurtenant work.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly P
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The P
Representative shall be the individual determined under section 7-6, “The Contrz
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contrz
Representative or any other employee or subcontractor or subcontractor’s employee at
meetings will be made.
e
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written I
to the Engineer within two hours of the beginning of any period that the Contractor has place
workers or equipment on standby for any reason that the Contractor has determined to be caus
the Agency or by any organization that the Agency may otherwise be obligated by. The Cont
shall provide continuing daily written notice to the Engineer, each working day, throughoi
duration of such period of delay. The initial and continuing written notices shall includ
classification of each workman and supervisor and the make and model of each piece of equi
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cal
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasc
means. Should the Contractor fail to provide the notice(s) required by this section the Coni
agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following:
work to completion within 30
Proceed.
6-7.2 Working Day. Unless otherwise approved in writing by the Ens
the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays tt
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the En
if the Contractor desires to work outside said hours or at any time during weekends and/or holi
This written permission must be obtained at least 48 hours prior to such work The Enginee
approve work outside the hours and/or days stated herein when, in hidher sole opinion, suct
conducted by the Contractor is beneficial to the best interests of the Agency. The Contract0
pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is comF
and all outstanding deficiencies that may exist are corrected by the Contractor and the Enginc
satisfied that all the materials and workmanship, and all other features of the Work, me€
requirements of all of the specifications for the Work. Use, temporary, interim or permanent, t
or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgi
@
The Contractor shall diligently prosecut
working days after the starting date specified in the Noti
Add the following:
a
4iw %# 6/7/99 Contract No. 3532 Page 57 of 67 Pages
the Work has been completed and is ready for acceptance the Engineer will so certify to the Bc
Upon such certification by the Engineer the Board may accept the completed Work. Upoi
Board’s acceptance of the Work the Engineer will cause a “Notice of Completion’’ to be filed i
office of the San Diego County Recorder. The date of recordation shall be the date of completi
the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences:
work shall be warranted for one (1) year after recordation of the “Notice of Completion” anc
faulty work or materials discovered during the warranty period shall be repaired or replaced b
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retaint
a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sen
of the second paragraph and add the following: For each consecutive calendar day in excf
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractoi
pay the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor Five Hu
Dollars ($500.00) per day is the minimum value of costs and actual damages caused b
Contractor to complete the Work within the allotted time. Any progress payments made aft(
specified completion date shall not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurer
have a rating in Best’s Key Rating Guide of at least A-:V and are admitted and authorized to co
business in the state of California and are listed in the official publication of the Departmc
Insurance of the State of California.
7-4 WORKERS COMPENSATION INSURANCE. Add the following: All insurance is to be p
with insurers that are admitted and authorized to conduct business in the state of California an
listed in the official publication of the Department of Insurance of the State of California. PC
issued by the State Compensation Fund meet the requirement for workers’ compensation insurz
7-5 PERMITS. Exce
specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of
grading, resource agency and building permits necessary to perform work for this contra(
Agency property, in streets, highways (except State highway right-of-way), railways or other righ
way. Contractor shall not begin work until all permits incidental to the work are obtained.
Contractor shall obtain and pay for, all permits for the disposal of all materials removed fror
project. The cost of said permit(s) shall be included in the price bid for the appropriate bid iten
no additional compensation will be allowed therefor.
Delete the first sentence and add the following four sentences:
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility compi
during the relocation or construction of their lines. The Contractor may be granted a time extei
if, in the opinion of the Engineer, a delay is caused by the utility company. No addil
4- tS 6/7/99 Contract No. 3532 Page 58 of 67Pages
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE. 0
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required I
shall also be executed on weekends and other non-working days when needed to presen
health safety or welfare of the public. The Contractor shall conduct effective cleanup anc
control throughout the duration of the Contract. The Engineer may require increased lev
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health,
and welfare of the public. Cleanup and dust control shall be considered incidental to the ite
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall ob
construction meter for water used for the construction, plant establishment, maintenance, cle
testing and all other work requiring water related to this contract. The Contractor shall conta
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup, sf
meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be consi
incidental to the items of work that they are associated with and no additional payment will be
therefor.
7-8.6 Water Pollution Control, Add the following: The Contractor shall comply WI
requirements of the storm water pollution and monitoring plan prepared for this project in accorl
with the California State Water Resources Control Board order number 92-08-DWG, N
General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of
Water Runoff Associated with Construction Activity”.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be eqi
with mufflers in good repair when in use on the project with special attention to the City Noise C
Ordinance, Carlsbad Municipal Code Chapter 8.48.
e
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work sc
prevent damage by all traffic, including but not limited to mail delivery. The Contractor sh
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtair
calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7.
During overlay operations, the Contractors schedule for overlay application shall be design2
provide residents and business owners whose streets are to be overlaid sufficient paved p
within an 800 foot distance from their homes or businesses.
Seventy two hours prior to the start of any construction in the public right-of-way that i
vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notifica
the impending disruption. For a full street closure, all residences and/or businesses on the ai street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway r(
the residences and/or businesses directly affected by the work shall be notified. @
4- Gs 6/7/99 Contract No. 3532 Page 59 of 67Pages
The notification shall be hand delivered and shall state the date and time the work will begin a
anticipated duration. The notification shall list two telephone numbers that may be called to (
additional information. One numbar shall be the Contractor's permanent office or field office ar
other number shall be a 24 hour number answered by someone who is knowledgeable abol
project. At least one of the phone numbers shall be in the (760) area code. An answering ma
shall not be connected to either number. The notification shall also give a brief description (
work and simple instructions to the home or business owner on what they need to do to facilita
construction. The Contractor shall submit the contents of the notification to the Enginec
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
doorknob without adhesives. It shall be a minimum size of 3-112 inches by 8-112 inches and sh
brightly colored with contrasting printing. The material shall be equivalent in strength and dur
to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An exam1
such notice is provided in Appendix "A".
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance (
work being performed. The no parking signs shall state the date and time of parking restrictior
duration not to exceed the time necessary to complete the work at that location. Failure (
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advar
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be rerr
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included ii
contract price bid for traffic control and the Contractor will not be entitled to any addi
compensation for printing and distributing these notices.
7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: At le
working days prior to closing, detouring, partially closing or reopening any street, alley or other F
thoroughfare the Contractor shall notify the following:
1) The Engineer ...................................................................................... (760) 438-1161 X-44'
2) Carlsbad Fire Department Dispatch .................................................. (760) 931-21 97
3) Carlsbad Police Department Dispatch .............................................. (769) 931 -21 97
4) Carlsbad Traffic Signals Maintenance.. ............................................. (760) 438-2980 X-29:
5) Carlsbad Traffic Signals Operations .................................................. (760) 438-1 161 X-43
6) North County Transit District.. ............................................................ (760) 743-9346
7) Coast Waste Management ................................................................ (760) 929-9400
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall
accordance with the plans, Chapter 5 of the California Department of Transportation "Man1
Traffic Controls," 1996 edition and these Supplemental Provisions. If any component in the I
control system is damaged, displaced, or ceases to operate or function as specified, from any ci
during the progress of the work, the Contractor shall immediately repair said component to its or
condition or replace said component and shall restore the component to its original location. 1
event that the Contractor fails to install and/or maintain barricades or such other traffic s
markings, delineation or devices as may be required herein, the Engineer may, at hidher sole oi
install the traffic signs, markings, delineation or devices and charge the Contractor twenty dc
($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control fa
whichever is the greater.
Add the following section:
4- tp 6/7/99 Contract No. 3532 Page 60 of 67Pages
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and c(
devices shall be maintained throughout the duration of work in good order and according tc
approved traffic control plan. All construction area signs shall conform to the provisions of SE
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of SE
214-5. I .et seq. All temporary reflective channelizers shall conform to the provisions of section
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall cor
to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry \
borne conforming to section 210-1.6 for materials and section 310-5 et seq. For workman:
Warning and advisory signs, lights and devices installed or placed to provide traffic control, dire
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and ad\
signs, lights and devices shall be promptly removed by the Contractor when no longer reqi
Warning and advisory signs that remain in place overnight shall be stationary mounted E
Stationary signs that warn of non-existent conditions shall be removed from the traveled wa)
from the view of motorists in the traveled way or shielded from the view of the traveling public d
such periods that their message does not pertain to existing conditions. Care shall be us(
performing excavation for signs in order to protect underground facilities. All excavation requir
install stationary construction area signs shall be performed by hand methods without the u
power equipment. Warning and advisory signs that are used only during working hours mi
portable signs. Portable signs shall be removed from the traveled way and shielded from the vi
the traveling public during non-working hours. During the hours of darkness, as defined in Divis
Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option
Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated
cones rather than post-type delineators are used during the hours of darkness, they shall be a
or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, e
the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall r
parked within the traveled way, including any section closed to public traffic. Wheneve
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic Ian1
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a
in advance of the parked vehicles or equipment and along the edge of the pavement at 7.6 r
intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A min
of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahe;
C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telesc
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 1.8 m (6
operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment tl
m (2’) shall be measured from the closest approach of any part of the equipment as it is opt
and/or maneuvered in performing the work. This requirement may be waived when the Enginec
given written authorization to the reduction in clearance that is specific to the time, duratio
location of such waiver, when such reduction is shown on the traffic control plans included in
contract documents, when such reduction is shown on the traffic control plans prepared t
Contractor and approved by the Engineer or for the work of installing, maintaining and rem
traffic control devices. As a condition of such waiver the Engineer may require the Contrat
detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic I;
provide barriers.
During the entire construction, a minimum of (insert appropriate number of lanes) paved traffic
not less than (insert appropriate minimum lane width 3.6m (12’)) wide, shall be open for use by
traffic in each direction of travel.
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Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of cl
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTF
"Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhr
these Supplemental Provisions. The provisions in this section will not relieve the Contractor frc
responsibility to provide such additional devices or take such measures as may be necessi
maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic cc
system, except portable delineators placed along open trenches or excavation adjacent tc
traveled way, shall be removed from the traveled way and shoulder at the end work period.
Contractor so elects, said components may be stored at selected central locations, approved t
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 !
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Cc
System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic c(
plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start 1
striping operations using an alternative plan until he has submitted its plan to the Engineer anc
received 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 furnis
placed, maintained and removed in accordance with the minimum standards specified in Chap
of the "Traffic Manual", 1996 edition published by CALTMNS. Whenever the work ca
obliteration of pavement delineation, temporary or permanent pavement delineation shall be in I
prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation
be provided at all times for traveled ways open to public traffic. All work necessary, includinc
required lines or marks, to establish the alignment of temporary pavement delineation sha
performed by the Contractor. When temporary pavement delineation is removed, all lines and IT
used to establish the alignment of the temporary pavement delineation shall be removed by grin
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose mat
Temporary pavement delineation shall not be applied over existing pavement delineation or (
temporary pavement delineation. Temporary pavement delineation shall be maintained
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer
temporary pavement delineation conflicts with the permanent pavement delineation or with a
traffic pattern for the area and is no longer required for the direction of public traffic. When temp(
pavement delineation is required to be removed, all lines and marks used to establish the align1
of the temporary pavement delineation shall be removed.
Add the following section:
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control 1
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included ir
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contri
shall have such new or modified TCP prepared and submitted as a part of the Work for any an
construction activities that are located within the travelled way. The Contractor shall have
prepared and submitted as a part of the Work for any construction activities that are a part of
*= r,s 6/7/99 Contract No. 3532 Page 62 of 67Pages
project that are not included in the project plans. The Contractor must submit the TCP fc
Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obta
Engineer's approval of the TCP prior to implementing them. The minimum 20 day review I
specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of
new, modified or added to, for the Engineer's review. 'New or revised TCP submittals shall ir
all TCP needed for the entire duration of the Work. Each phase of the TCP shall be sho
sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationi
features affecting the traffic control plan and the methodology proposed to transition t
subsequent TCP phase. When the vertical alignment of the travelled surface differs from the fir
pavement elevation vertical curves must also be shown. The level of detail, format, and grz
shall be of quality and size no less than those on 'Standard Specifications Reference Traffic C
Plan" Drawing number 368-5. Such modifications, supplements and/or new design of TCP shall
the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Editi
published by the State of California Department of Transportation. Such modification, ad1
supplement, and/or new design of TCP shall be prepared by a registered professional en!
appropriately registered in the State of California. The Engineer shall be the sole judge I
suitability and quality of any such modifications, supplements, and/or new designs to TCF
Engineer may approve any such modifications, supplements, and/or new designs to the TCP
in the Engineer's sole opinion, such modifications, supplements, and/or new designs to tht
prepared by the registered professional engineer retained by the Contractor will be beneficial
best interests of the Agency. Such modification, addition, supplement, and/or new design shall
implemented and no work shall be commenced that is contingent on such approval until the ch
TCP are approved by the Engineer. The preparation of such modification, addition, supplc
and/or new designs of TCP shall not presuppose their approval or obligate the Agency i
fashion. Submittal and review requirements for such modifications, supplements, and/o
designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submitti
Add the following section:
7-1 0.3.7 Payment.
The Contractor shall provide traffic control at the contract lump sum price bid. The contract lum
price paid for "traffic control" shall include full compensation for furnishing all labor (including fl:
costs), materials (including signs), tools, equipment and incidentals, and for doing all the
involved in preparation, reproduction and changing of traffic control plans, placing, applying
stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, mol
new locations, replacing, and disposing of the components of the traffic control system as sho
the plans and approved additions and modifications, as specified in these special provisions, :
directed by the Engineer. All expenses and time to prepare and review modifications, ad(
supplements and/or new TCP designs shall be included in the lump sum bid for traffic control i
additional payment will be made therefor. Flagging costs will be paid for as a part of the Lum
Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will k
for at the unit price bid. When there is no bid item for the cost of labor and material for PI
concrete barriers, they will be paid as an incidental to the work being performed, and no ad(
payment will be made therefor. Progress payments for "Traffic Control" will be based I
percentage of the improvement work completed.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all nec
precautions for the safety of employees on the work and shall comply with all applicable provis
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to p
on, about, or adjacent to the premises where the work is being performed. The Contractc
erect and properly maintain at all times, as required by the conditions and progress of the w
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*= %# 6/7/99 Contract No. 3532 Page 63 of 67 Pages
necessary safeguards for the protection of workers and public, and shall use danger signs Wi
against hazards created by such features of construction as protruding nails, hoists, well hole!
falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or PO
materials, such as borrow pits or gravel beds, for use in the proposed construction project
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conc
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditic
the contract.
-
SECTION 9 -- MEASUREMENT & PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall t
U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods, Shi
be affected by any payment but shall commence on the date of recordation of the "Noti
Completion."
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the follow
Each month, the Engineer will make an approximate measurement of the work performed tc
closure date as basis for making monthly progress payments. The estimated value will be base
contract unit prices, completed change order work and as provided for in Section 9-2 of
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty
calendar days after the closure date. Five (5) working days following the closure date, the Engii
shall complete the detailed progress pay estimate and submit it to the Contractor for
Contractor's information. Should the Contractor assert that additional payment is due,
Contractor shall within ten (IO) days of receipt of the progress estimate, submit a supplemc
payment request to the Engineer with adequate justification supporting the amount of supplemc
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as I
as practicable after receipt, determine whether the supplemental payment request is a prc
payment request. If the Engineer determines that the supplemental payment request is not prc
then the request shall be returned to the Contractor as soon as practicable, but not later than SE
(7) days after receipt. The returned request shall be accompanied by a document setting fori
writing the reasons why the supplemental payment request was not proper. In conformance
Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days i
receipt of an undisputed and properly submitted supplemental payment request from the Contra1
If payment of the undisputed supplemental payment request is not made within thirty (30) days i
receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal
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 Payn
Estimate and process a corresponding payment. The estimate will be in writing and shall be for
em tS 6/7/99 Contract No. 3532 Page 64 of 67Pages
total amount owed the Contractor as determined by the Engineer and shall be itemized bj
contract bid item and change order item with quantities and payment amounts and shall sho
deductions made or to be made for prior payments and amounts to be deducted under provisioi
the contract. All prior estimates and progress payments shall be subject to correction in the I
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to
written statement disputing any bid item or change order item quantity or payment amount.
Contractor shall provide all documentation at the time of submitting the statement supportii
position. Should the Contractor fail to submit the statement and supporting documentation with
time specified, the Contractor acknowledges that full and final payment has been made 1
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned timc
Engineer will review the disputed item within 30 calendar days and make any appro
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved I:
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engin
ascertain the basis and amount of said disputed items. The Engineer will consider the merits
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonablc
such further information and details as may be required by the Engineer to determine the fa
contentions involved in its claims. Failure to submit such information and details will be suf
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items dispu
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be sub
in a written statement by the Contractor no later than the date of receipt of the final pa
estimate. Those final payment items disputed in the written statement required in subsection
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim ’
considered that was not included in this written statement, nor will any claim be allowed for
written notice or protest is required under any provision of this contract including sectior
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 V
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has compliec
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascert;
basis and amount of said claims. The Engineer will consider and determine the Contractor’s
and it will be the responsibility of the Contractor to furnish within a reasonable time such
information and details as may be required by the Engineer to determine the facts or conte
involved in its claims. Failure to submit such information and details will be sufficient cat,
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those
approved by the Engineer. The Contractor shall proceed with informal dispute resolution
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
into the work will not be included in the progress estimate.
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The cost of materials and equipment delivered but not incorp 0
em Go$ 6/7/99 Contract No. 3532 Page 65 of 67 Pages
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Wo
be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract luml
price paid for mobilization shall not exceed three thousand dollars ($3000.00), and include
compensation for furnishing all insurance, bonds, licenses, labor, marerials, utilities, tools, equir
and incidentals, and for doing all the work involved in mobilization and preparatory work
operations, including, but not limited to, those necessary for the movement of personnel, equip
supplies, and incidental to preparing to conduct work on and off the project site and other (
facilities necessary for work on the project; for all other facilities, sureties, work and operations \
must be performed or costs incurred prior to beginning work on various contract items on or c
project site, excepting those specifically paid for under separate sections of these specificati
The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilizatioi
Preparatory Work, as described in this section, and that the Contractor shall have no ric
additional compensation for Mobilization and Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40
the amount bid for Mobilization And Preparatory Work will be allowed. For the second pro!
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory
will be allowed therefor.
em %p 6/7/99 Contract No. 3532 Page 66 of 67Pages
APPENDIX “A” e RESIDENT NOTIFICATION EXAMPLE e
CITY OF CARLSBAD
CONSTRUCTION WORK
ABC CONTRACTORS
OFFICE # (760))(XX-XXXX
FIELD # (760)XXX-XXXX
Dear resident:
As a part of the City ofcarisbad’s and Carlsbad Municipal Water
District’s ongoing program to maintain its water and sewer
facilities, your street will be closed to allow for pipeline
construction. This construction will require the closing of your
street to through traffic forX days. Your street, fromXYZ St. to
XYZ Ave. will be closed to through traffic on:
MON. TUE. WED. THU. FRI.
DATE:
from 7:OOA.M. to 500 P.M.
If you don’t plan to leave your home by 7:OO A.M. on the
above date@) please park your car on an adjacent street in your
neighborhood that will not be impacted.
ABC is the Contractor that will be performing theconstruction
work for the city and you may call them at(760)XXX-XXXX if you
have any questions regarding the project. Mail delivery may be
delayed if the postman cannot reach the mailbox that day. If you
have a moving company scheduled for that day please call and
inform the Contractor of the date. If you have any concerns which
cannot be addressed by the Contractor, you may call the City’s
Engineering Inspection Department at 438-1 161 x4323.
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4-= %# 6/7/99 Contract No. 3532 Page 67 of 67Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
PART 2, CONSTRUCTION MATERIALS
rl) CONSTRUCTION
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General. Aggregate base shall be crushed aggregate base
200-2.2), crushed slag base (Section 200-2.3), or crushed miscellaneous base (Section 200-2
Add the following:
SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR 4000 fc
course, and RAR 4000 for base course.
203-6.6.1, Batch Plant Method, modify as follows:
the Engineer’s field laboratory”. Last paragraph, add after D 2172: “method A or B.”
203-6.7 Asphalt Concrete Storage. add the following: Open graded asphalt concrete
excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be u!
work.
Add the following section:
Third paragraph, last sentence, delete ’
@
203-1 1 ASPHALT PAVEMENT CRACK SEALANTS
203-1 1 .I Elastomeric Sealant. Elastomeric sealant shall be a polyurethane matc
composition that will, within its stated shelf life, cure only in the presence of moisture. No eli
sealant shall be incorporated into any portion of the work that is beyond the shelf life recomm
its manufacturer. No elastomeric sealant shall be incorporated into any portion of the work
been stored under conditions not recommended by its manufacturer. Sealant shall be suitab
in both asphalt concrete and portland cement concrete. The cured sealant shall have the per
characteristics in Table 203-1 1 (A).
a
1 1 I1 7/99 2 58 PM Part 2 Standard Special Provisions Page1 of 2 Pages
Property Measuring Standard Results
(ASTM Designation)
Hardness ASTM D 2240 Rex. 65 - 85
(indentation) Type A, Model 1700
Tensile ASTM D 412 Die C, 3.45 MPa, minimum
Strength
Elongation ASTM D 412 Die C, 400%, minimum
Flex at -40°C 0.6 mm (25 mil) Free- No cracks
Weathering ASTM D 822 Slight chalking
Resistance Weatherometer 350 h
Salt-Spray ASTM B 117 28 days at 3.45 MPa, minimum
Resistance 38°C tensile; 400% minimum
Dielectric ASTM D 150 Less than 25% change
Constant
Film Bend (180")
E Ion g a t i o n
Conditions
25°C @ 50% relative
humidity
pulled at 508 mm (20")
per minute
pulled at 508 mm (20")
per minute
over 13 mm ('I:)
Mandrel
Cured 7 days at 25°C
@ 50%
5% NaCI, Die C, pulled
at 508 mm (20) per
minute
over a temperature
range of -30-C to
50-C
Property
Cone Penetration
Flow, 60°C
Resilience
Softening Point,
Ductility,
Flash Point, COC, "C
Viscosity, Brookfield
Thermosel,
Measuring Standard (ASTM Results Conditions
25"C, 150 g, 5 s
Designation)
ASTM D 3407, Sec. 5
ASTM D 3407, Sec. 6
,ASTM D 3407, Sec. 8 25%, min. 25°C
ASTM D 36
ASTM D 113 300 mm, min. 25"C, 50 mm/min
ASTM D 92
ASTM D 4402 2.5-3.5 Pas No. 27 Spindle, 20
3.5 mm, max.
5 mm, max.
82 "C, min.
288 "C, min.
rpm, 19O"C,
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
PART 3, CONSTRUCTION METHODS
0 CONSTRUCTION
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General. add the following to the third paragraph: During surface clearing opera
Contractor shall not cover or bury any plant growth or other objectionable materials. If the C
cannot successfully separate the plant growth from the surface soil and advertently or inac
mixes organic or other objectionable materials with the soil, the soil so contaminated shall be
from the site by the Contractor. All costs, if any, associated with removing the soil mixed with (
other objectionable materials and importing soil to replace said contaminated soil shall be bor
Contractor and no additional payment therefor shall be made to the Contractor.
300-1.3 Removal and Disposal of Materials. add the following: Also included in clei
grubbing shall be removal and disposal of existing street poles and lights, metal guard rai
asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, exisi
existing abandoned underground pipes and conduits, existing headwalls, rip-rap, traffic s
other existing features which interfere with the work, whether or not such items are called c
plans or in the specifications for removal.
300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be incluc
contract lump sum price for mobilization and no other payments will be made.
Add the following:
300-1.4.1 Payment. The contract price paid per linear foot for removal and disposal of 6-inch i
include full compensation for doing all work involved in the removal and disposal of the existin!
including excavation, removal, and disposal at a permitted disposal site.
Add the following:
300-1.4.2 Payment. The contract price paid per linear foot for removal and disposal of 6-inch
shall include full compensation for doing all work involved in the removal and disposal of th
pipeline, including excavation, removal, and disposal.
0
SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION
306-1 OPEN TRENCH OPERATIONS
Add the following section:
306-1 .I .7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of E
bridging. No steel plate bridging or trench plate shall be used that does not meet the requirc
this subsection. 0 Add the following section:
306-1 .I .7.1 Requirements for Use. Alternate construction methods that avoid the use of I
1 U06/99 359 PM Page 1 of 5 Pages <$
bridging shall be used unless otherwise approved by the Engineer. It is recognized that t
accommodate excavation work, steel plate bridging may be necessary. All conditions for use of stef
plate bridging set forth in the following requirements must be fulfilled as conditions of approval of th
use of steel plate bridging. Consideration of steel plate bridging in the review process will take int
account the following factors:
1. Traffic volume and composition.
2.
3. Weather conditions.
Duration and size of the proposed excavation.
The following formula shall be used to score the permitted use of steel plate bridging:
PS = [ ADT + EML + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (krnh) + SLOPE X 1001 X LANES
PS = [ ADT + EML + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (rnph) + SLOPE X 1001 X LANES
1000 8
1000 5
where:
ADT - - PS
EWL - -
DAYS - -
WEEKEND =
NIGHTS - -
WEATHER =
SPEED -
plate score.
average daily traffic as defined in the CALTRANS Traffic Manual.
equivalent wheel loads as defined in the CALTRANS Traffic Manual.
total number of 24 hour periods that the plates will be utilized at the site being
considered.
total number of Saturdays, Sundays and holidays that the plates will be utilized
at the site being considered.
total number of overnight periods that the plates will be in place, exclusive of
Saturday, Sunday and holiday nights.
total number of 24-hour periods thatthe plates will be utilized at the site being
considered when the possibility of rain exceeds 40 percent.
the design speed in kilometers per hour or miles per hour, as applicable in the
formulae above, of the street where the plates are to be installed. This number
shall not be reduced for construction zone speed reductions.
the quotient of the vertical differential divided by the horizontal distance. The
vertical and horizontal dimensions shall be measured at the locations spmning a
- -
-
- SLOPE -
distance of 15 m (50’) up and downstream of the position of the proposed steel
plate bridging.
the number of lanes where plates will be used. - LANES -
When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless
and at the sole discretion of the Engineer, the Engineer determines that no alternative method a
construction is possible in lieu of using steel plate bridging or that other overriding considerations makc
the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not br
limited to, detouring traffic, construction detour routes, tunneling, boring and other methods o
trenchless construction. Unless specifically noted in the provisions of the Engineer’s approval, the ust
of steel plate bridging at each approved location shall not exceed four (4) consecutive working days ir
any given week.
Add the following section:
306-1.1.7.2 Additional Requirements. When the Engineer determines that shoring will be i
part of the Contractor’s work, the Contractor shall install shoring conforming to Section 7-10.4.’
of the Standard Specifications. All approvals for design, substitution of materials or method:
shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 ShoF
Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance
with section 306-1.5.
12/06/99 3:59 PM Page 2 of 5 Pages 43
Maximum Trench Width
0.3 m (10”)
0.6 m (23”)
0.8 m (31”)
1 .O m (41”)
1.6 m (63”)
Minimum Plate Thickness
13 mm (’/”’)
19 mm e/:)
22 mm (’/,’’)
25 mm (1”)
32mm (1 X)
surface on the steel plate with no less than a coefficient of friction of 0.35 as determined b
California Test Method 342. If a different test method is used, the Contractor may utiliz
standard test plates with known coefficients of friction available from the CALTRANS District 1
Materials Engineer to correlate skid resistance results to California Test Method 342.
In addition to all other required construction signing, the Contractor shall install Rough Roa
(W33) sign with black lettering on an orange background in advance of steel plate bridging.
Add the following section:
306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but nc
limited to: steel plates, anchoring devices, cold milling, asphalt ramping and padding, signagc
placing, installation, removal, relocation, preparation and processing of shop drawings an
submittals to support the use of steel plate bridging and all other materials, labor, supervisior
overhead of any type or description will be paid for as an incidental to the facility being installe
in the excavation being bridged. No separate payment for steel plate bridging will be made. N
extension to contract time will be allowed for or because of the use of steel plate bridging.
Add the following:
306-1 .I .8 Temporary Hi-lining. The Contractor shall be responsible for installing an(
maintaining the temporary hi-line as described in the Technical Specifications and to thc
satisfaction of the Engineer. Such work includes installation, disinfection, testing, and energizin!
existing services prior to proceeding with other work. This work also includes notices resident
of the conversion of services to the temporary pipeline and providing ramping as necessary tc
allow resident access at all times.
Add the following:
306-1 .I .8.1 Measurement and Payment. The contract lump sum price paid for temporary hi
lining shall include full compensation for doing all work involved in the installation of thr
temporary hi-line, connection of services, maintenance, resident access provisions and remova
306-1.5 Trench Resurfacing.
306-1.5.1 Temporary Resurfacing. Delete the fourth paragraph and substitute the following
Temporary bituminous resurfacing materials which are placed by the Contractor are for it!
convenience shall be at no cost to the Agency. Temporary bituminous resurfacing material!
shall be used in lieu of permanent resurfacing only when approved by the Engineer. Wher
temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall bc
removed and replaced with permanent resurfacing within 7 days of placement. No additiona
payment will be made for temporary bituminous resurfacing materials. The price bid for thc
associated conduit or structure shall include full compensation for furnishing, placing
maintaining, removing, and disposing of such temporary resurfacing materials.
306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306.
1.5.1,
“Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24
hours after the completion of backfill and densification of backfill and aggregate base materials.
SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES
31 3-1 SIGNING
Add the following section:
313-1 .I Signing. Signing for temporary traffic control shall conform to the following requirements.
12/06/99 359 PM Page 4 of 5 Pages q
Add the following section:
313-1.1.1 General. The Contractor shall provide and install all temporary traffic control signs,
markings, and delineators at locations shown on plans and specified herein.
Add the following section:
313-1.1.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are disl
overturned, from any cause, during the progress of the work, the Contractor shall immediate
the signs in their original approved locations. The Contractor shall maintain all temporary tri
used in the Work in a clean, reflective and readable condition. The Contractor shall replace
graffiti marked temporary traffic signs and posts used in the Work within 18 hours or 2 hot
working hours, whichever is the lesser, of being marked by graffiti.
Add the following section:
31 3-1 .I .3 Payment. All costs for signing for temporary traffic control shall be included in the
price bid for temporary traffic control, and no additional compensation will be allowed therefor.
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12/06/99 3:59 PM Page 5 of 5 Pages 43
CARLSBAD MUNICIPAL WATER DISTRICT
SPECIAL PROVISIONS
FOR
DAVIS AVENUE WATERLINE REPLACEMENT
r)
PART 11. CONSTRUCTION MATERIALS
1. General. The following materials shall conform to the requirements of “Rules & Regulations
for Construction of Public Potable Water Mains”, Part I1 (Materials), as published by the
Carlsbad Municipal Water District, dated October 1993, unless otherwise noted.
2. Hi - Lining. Pipe for hi-lining shall be new polyvinyl chloride pipe, Schedule 40 minimum.
a. Polyvinyl Chloride Pressure Pipe. Pipe shall be 8-inch diameter, Class 150, conforming
to Section A-1 .
b. Copper Water Tube for Service Connections. Tube shall be 1-inch diameter, conforming
to Section A-5, C-8 and C-9.
c. Fittings (Bends, Tees and Reducers). Fittings shall be of the sizes indicated, conforming
to Section B- 1. Fittings shall have the same pressure rating as the pipe.
d. Flexible Couplings. Flexible couplings shall conform to Section B-10.
e. Gate Valves. Gate valve shall be of the size indicated, conforming to Section C-1 and D-
2.
Manual Air Release Assemblies. Assembly shall be of the size indicated, conforming to
Sections C-1, C-5, C-6, C-8, C-9, C-IO, D-1 and D-2.
g. Service Connections. Service connection shall conform to Sections C-8, C-9 and C-10.
h. Cathodic Protection. Cathodic protection (zinc anodes) for buried copper pipe shall
conform to Section D- 1.
i. Meter Boxes. Meter boxes and lids shall conform to Section D-3.
j. Detector Tape. Tape shall conform to Section D-4.
k. Buried Pipe, Flanges and Valves. All below grade flanges, nuts, bolts and valves shall
conform to Section D-5.
1. Painting. Painting of valve box lids shall conform to Section D-7.
m. Concrete. Concrete shall conform to Section D-8.
n. Earthwork. Trenching, backfilling and compacting shall conform to Section D-9.
0. Safety Precautions. Safety requirements shall conform to Section D-10.
*
f.
*
1
p. Pipe Alignment. Pipe alignment shall conform to Section D- 1 1.
q. Class 2 Base Materiawntreated Base Material. Class 2 base shall conform to State of
California (Department of Transportation) Standard Specifications, Section 26.
Untreated base material shall conform to Standard Specifications for Public Works
Construction (GreenBook), Section 200-2. Delete references to measurement and
payment.
Emulsion. Emulsion (slow setting) for tack coat (paint binder) and prime coat shall
conform to State of California (Department of Transportation) Standard Specifications,
Section 94. Delete reference to measurement.
s. Asphalt Concrete. Asphalt concrete shall be ClasdGrade “C2-AR-4000”, conforming to
Standard Specifications for Public Works Construction (GreenBook), Section 203-6.
r.
t. Materials List. Refer to Section E.
PART 111. INSTALLATION
1. General. Installation of material shall conform to the requirements of “Rules & Regulations
for Construction of Public Potable Water Mains”, Part I11 (Installation), as published by the
Carlsbad Municipal Water District, dated October 1993, unless otherwise noted.
2. The contractor shall install a hi-lining system as approved by the District’s Representative.
Pipe sizes shall be adequate to provide water at the pressure and quantities as now being
provided by District. Prior to connecting services, the system shall be disinfected per District
requirements.
a. Polyvinyl Chloride Pipe. Shipping, unloading and installation shall conform to Section
A.
b. Removal of Existing Asbestos Cement Pipe. The contractor shall exercise special care
when removing and disposing of the existing asbestos cement pipe. He shall comply
with current health and safety precautions while performing this work (California
Regulations, Title 8, Section 5208).
c. Removal and Replacement of Private Improvements. The contractor shall replaced all
removed andor damaged improvements (landscaping, paving and mailboxes) to match
existing condition.
d. Traffic Control. The contractor shall provide traffic control signs, barriers and flagmen
to maintain traffic flow along the construction area. Also, private driveway access shall
be maintained.
e. Base Material. Installation of Class 2 Base shall conform to State of California
(Department of Transportation) Standard Specifications, Section 26. Installation of
Untreated Base Material shall conform to Standard Specifications for Public Works
Construction (GreenBook), Section 30 1-2. Delete references to measurement and
payment.
Emulsions. Installation of Emulsions shall conform to State of California (Department of
Transportation) Standard Specifications, Section 94. Delete reference to measurement.
f.
2
g. Asphalt Concrete. Installation of Asphalt Concrete shall conform to Standard
Specifications for Public Works Construction (GreenBook), Section 302-5. Delete
references to measurement and payment, prime coat and tack coat .
a
PART IV. TESTING AND DISINFECTION
1. General, The following procedures shall conform to the requirements of “Rules &
Regulations for Construction of Public Potable Water Mains”, Part IV (Testing and
Disinfection) as published by the Carlsbad Municipal Water District, dated October 1993.
a. Hydrostatic Testing. The Hydrostatic testing of the pipeline shall conform to Section A.
b. ChlorinatiodDisinfection. The ChlorinatiodDisinfection of the pipeline shall conform to
Section B.
0
0
3
a
STANDARD
DRAWINGS a
e
*lJsEsAMEOME.3SSIOIUS WHENMFlERIsmm '1oREARoFcLRB
AC MAIN WC MAIN
f%R WATERSERVE CONNECTION (TYP.)
SECTION A-A SECTION 8-8
DOMESTIC WATER RECLAIMED WATER
I . IN NON- FWD AREAS PLACE GUARD POST NEXT To V&E 8oXASsEMBLY
AS ofREm BY THE ENG"EER(SEE 3. UPPER SlOE OF LID TO REWE 2 Conls DRAWING NO. 22).
2 . SEE DRAWING NO. 22 FOR GATE VALVE EXTENSIW.
OF BUNT. SEE SfUIFlWWS R)R FWNTlNG REQUIREMENlS, ( RGE 4).
SI7lDWG.N w13 VALVE BOX
ASSEMBLY =EMBER 198
-
REINFORCING STEEL DETAIL
VERTlCAL BEND.
TEE (SIDE VIEW),
2 . FOR AC PIPE, A MIN. 3'-3'10 A 6'-6"Mcu( LENGTH INTO AND OUT *ALL FirnNGS
3. CONCRRESHntLBE5~,(~61 A MIN. 3 DAY CURING TIME eEmE
I. flrriNGSSnAII,BEaKTnL€lRONFOR D1.P 8 W.C.; CAST IRON FOR ACR (CEMENT LINED SHORT 8OOY 1.
I. SEE SPECIFIcr\TK)Ns~
VALVE REQUIREMENTS. BURLED RANGE AND
-.---
slEEL[3ETAIL.
---
ANDEADEND6,E; SrRAlGM UNE THRUST.
THRUST BLOCK BEARING
ANODE LEAD ABOVE GRADE CONNECTION
ABOVE Gf?ADE CONNECTION NOTES:
I . RISER PIPE SHALL 8E WiRE BRUSHED TO CLEAN BRIGHT METAL.
2. PIPE CLAMP SHU BE LOCATED ON RISER PIPE.
3. WIRE INSUlATlON SHALL BE STRIPPEC TO A MINIMUM LENGTH To CO”ECT WIRE TO PIPE CLAMP.
PACKAGED BACKFILL COMPOSITION:
75 OIo GYPSUM
20°/o BENTONITE
5 O/o SODIUM SULFATE
INGOT WEIGHT: 30 LBS.
PKGD. WEIGHT: 70 LBS. APPROX. ZINC ANOOE
L