HomeMy WebLinkAboutWestern Pacific Construction; 1995-10-11; 3348ARECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED,
PLEASE MAIL TO
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
DFFICIfiL fEC&$X :#I DIE$? CUL!l4T'I' BECORDE?'C, I r,RiGo$l SMiih 7 COgqt' &g I 1277 FEE'; z
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CARLSBAD MUNICIPAL WATER DISTRICT
CARLSBAD, CALIFORNIA
SAN DIEGO COUNTY
CALIFORNIA
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
CONSTRUCTION OF 12-INCH RECLAIMED WATER MAINS
AT PALOMAR AIRPORT ROAD AND PRICE CLUB ENTRANCE,
PASEO DEL NORTE AND CAMINO DE LAS ONDAS
CMWD PROJECT NO. 94-302
CONTRACTNO. 3348
JUNE 1995
CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL I CARLSBAD, CALIFORNIA 92008
(619) 438-3367
05/01/9
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INFORMATION FOR CONTRACTOR
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* A. TO OBTAIN COPY OF CURRENT PLAN HOLDERS LIST: I PHONE (619) 438-3367 EXT. 128.
B. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS:
ASSOCIATE ENGINEERD'ACILITY DESIGN
PHONE (619) 438-3367 EXT. 120
DISTRICT ENGINEER
PHONE (619) 438-3367 EXT. 126
05/01/9!
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TABLE OF CONTENTS
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I Item 1
NOTICE INVITING BIDS .........................................
CONTRACTORS PROPOSAL ......................................
DESIGNATION OF SUBCONTRACTORS .............................
AMOUNT OF SUBCONTRACTORS’ BIDS ............................
EQUIPMENTMTERIAL SOURCE INFORMATION
BID SECURITY FORM ...........................................
BIDDERSBOND ...............................................
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY
BIDDER’S STATEMENT OF ‘TECHNICAL ABILITY AND EXPERIENCE
NON-COLLUSION AF’FIDAVIT ....................................
CONTRACT - PUBLIC WORKS ....................................
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LABOR AND MATERIALS BOND .................................. I FAITHFUL PERFORMANCE/WARRANTY BOND ......................
I REPRESENTATION AND CERTIFICATION ..........................
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PURCHASING DEPARTMENT
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION. ...............................
RELEASE FORM ...............................................
SPECIAL PROVISIONS
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I. ADDITIONS AND AMENDMENTS TO
STANDARD SPECIFICATIONS ..............................
TECHNICAL SPECIFICATIONS ....................................
APPENDIX “A“ (STANDARD DRAWINGS) ..........................
Os/Ol/S
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CARLSBAD MUNICIPAL WATER DISTRICT
CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS I.
Sealed bids will be received at the Office of the Purchasing Officer, City Hall 1200 Carl!
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 7tl
day of AUGUST , 19 95 , at which time they will be opened and read,
performing the work as follows: I
CONTRACTNO. 3348
CONSTRUCTION OF 12-INCH RECLAIMED WATER MAINS
AT PALOMAR AIRPORT ROAD AND PRICE CLUB ENTRANCE,
PASEO DEL NORTE AND CAMINO DE LAS ONDAS
CMWD PROJECT NO. 94-302
The work shall be performed in strict conformity with the specifications as approved b!
Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad 01
with the District Engineering Department. The specifications for the work include the lI
revised edition of the Carlsbad Reclamation Rules & Regulations for Constructio
Reclaimed Water Mains (October 1993) , and Standard Specifications of Public W
Construction, (SSPWC), 1994 Edition, and the latest supplement, hereinafter design
"SSPWC", as issued by the Southern California Chapter of the American Public W
Association and as amended by the special provisions sections of this contract. Refer1
is hereby made to the specifications for full particulars and description of the work.
The Carlsbad Municipal Water District encourages the participation of minority
women-owned businesses.
The Carlsbad Municipal Water District encourages all bidders, suppliers, manufactu
fabricators and contractors to utilize recyclable materials when available and w
appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purch:
Department. Each bid must be accompanied by security in a form and amount require
law. The bidder's security of the second and third next lowest responsive bidders ma
withheld until the Contract has been fully executed. The security submitted by all c
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sei
22300), appropriate securities may be substituted for any obligation required by this nl
or for monies withheld by the District to ensure performance under this Contract. Sei
22300 of the Public Contract Code requires monies or securities to be deposited wit1
District or a state or federally chartered bank in California as the escrow agent.
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Notice Invitiaj
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The documents which must be completed, properly executed and notarized are:
1. Contractor’s Proposal 6. Amount of Sub-Contractors’ Bid
2. Bidder’s Bond 7. Bidder’s Statement of Financial Responsibility
3. Non-Collusion Affidavit 8. Bidder’s Statement of Technical Ability & Experi
4. Contract 9. Purchasing Department Representation & Certific;
5. Designation of Subcontractors 10. Escrow Agreement for Surety Deposits (OptioI
All bids will be compared on the basis of the Engineer’s Estimate. The estimated quani
are approximate and serve solely as a basis for the comparison of bids. The Engin
Estimate is $345,000
In keeping with the Special Provisions, work shall be accomplished within sixtv (60)
calendar days. Liquidated Damages will be in the amount of $ 500 per day
No bid shall be accepted from a contractor who is not licensed in accordance wit1
provisions of California state law. The contractor shall state their license nun
expiration date and classification in the proposal, under penalty of perjury. The follo
classifications are acceptable for this contract: Class A 1
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in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the con
documents in lieu of the usual ten percent (10%) retention from each payment, 1
documents must be completed and submitted with the signed contract. The es
agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchi
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carl:
California, for a non-refundable fee of $30.00 per set. Carlsbad Reclamation Rules
Regulations for Construction of Reclaimed Water Mains (October 1993)
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The Carlsbad Municipal Water District reserves the right to reject any or all bids ai
waive any minor irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execut
contract shall be those as determined by the Director of Industrial Relations pursua
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 a
Labor Code, a current copy of applicable wage rates is on file in the Office of the Carl
City Engineer. The Contractor to whom the Contract is awarded shall not pay less
the said specified prevailing rates of wages to all workers employed by him or her ii
execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisio, Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts (
Notice Invitin
05/01P
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are available for a non-refundable fee of $20.00
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"Subletting and Subcontracting Fair Practiced Act." The General Manager is the W
District's duly authorized officer for the purposes of Sections 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 :
apply to the Contract for work.
A pre-bid meeting and tour of the project site will - will not X be held. The met
will be held on date: time: location:
0
All bids are to be computed on the basis of the given estimated quantities of worl
indicated in this proposal, times the unit price as submitted by the bidder. In case
discrepancy between words and figures, the words shall prevail. In case of an error iI
extension of a unit price, the corrected extension shall be calculated and the bids wi
computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out
typed or written in with ink and must be initialed in ink by a person authorized to sig
the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day 1
to bidding. Submission of bids without acknowledgment of addenda may be caus
rejection of bid.
Bonds to secure faithful performanceharranty of the work and payment of laborers
materials suppliers and to cover all guarantees against defective workmanship and matei
or both, for a period of one year after the date of final acceptance of the work bq
District each in an amount equal to one hundred percent (100%) and fifty percent (51
respectively, of the Contract price will be required for work on this project. These b
shall be kept in full force and effect during the course of this project, and shall exter
full force and effect and be retained by the District until they are released as stated ir
Special Provisions section of this contract. All bonds are to be placed with a si
insurance carrier admitted and authorized to transact the business of insurance in Califc
and whose assets exceed their liabilities in an amount equal to or in excess of the am
of the bond. The bonds are to contain the following documents:
1)
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An original, or a certified copy, of the unrevoked appointment, power of atto
by laws, or other instrument entitling or authorizing the person who executec 1 bond to do so.
I commissioner. 2) A certified copy of the certificate of authority of the insurer issued by the insur
If the bid is accepted, the City may require copies of the insurer's most recent ar
statement and quarterly statement filed with the Department of Insurance pursuai
Article 10 [commencing with Section 9001 of Chapter 1 of Part 2 of Division 1 o
Notice Invitin,
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Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit 0 statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's
Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the busii
of insurance in the State of California by the Insurance Commissioner. Auto polj
offered to meet the specification of this contract must; (1) meet the conditions stated at
for all insurance companies and (2) cover any vehicle used in the performance of
contract, used on-site or off-site, whether owned, non-owned or hired, and whe
scheduled or non-scheduled. The auto insurance certificate must state the coverage i5
"any auto" and cannot be limited in any manner.
Worker's Compensation insurance required under this contract must be offered k
company meeting the above standards with the exception that the Best's rating condi
is waived. The District does accept policies issued by the State Compensation Fun1
meeting the requirement for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract.
additional cost of said insurance shall be included in the bid pfice.
The prime contractor and all subcontractors are required to have and maintain a valid
of Carlsbad Business License for the duration of the contract.
Approved by the Board of Directors of the Carlsbad Municipal Water District, Carlsl
California, by Resolution No. 906 , adopted on the 27th day of June
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- '1 Aletha L. Rautenkranz, Secretary
Notice Inviting
05/01/95
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CARLSBAD MUNICIPAL WATER DISTRICT
CONTRACTNO. 3348
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1 CONTRACTOR'S PROPOSAL
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Board of Directors
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, reac
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to fu
all labor, materials, equipment, transportation, and services required to do all the wo
complete Contract No. 3348 in accordance with the Plans and Specifications o
Carlsbad Municipal Water District, and the Special Provisions and that he/she will ta.
full payment therefor the following unit prices for each item complete to wit:
CONSTRUCTION OF RECLAIMED WATER MAINS IN
PALOMAR AIRPORT ROAD AND PRICE CLUB ENTRANCE
AND IN PASEO DEL NORTE AND CAMINO DE LAS ONDAS
IN THE CITY OF CARLSBAD
CMWD PROJECT NO. 94-302
Item Approximate
No. Quantity Descrbtion Unit Price Total
SCHEDULE A (PRICE CLUB ENTRANCE AND PALOMAR AIRPORT ROAD)
1. A Ls Traffic control complete and in - - - "-)r
1, place for a lump sum price of Ls $ , --
e (I p' 2. A LS Install shoring for a lump sum I price of Ls $ -J - i/z
Contractor's PI I. 05/01/9
Item Approximate
No. Quantitv DescriDtion Unit Price Total
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i sum price of Ls $
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1 linear foot price of $ $
I assembly for a unit price of $ .- - ' /$ ~
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3. A LS Point of Connection to existing
12-inch steel main at Sta.
30 +96.89 including removals,
installation of 12-inch blind
flange, fabrication of 12-inch
steel fittings, installation of 20
linear feet of 12-inch 10 ga.
CMUC steel pipe, 12-inch
gate valve, valve box assemblies,
and thrust blocking for a lump
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4. A LS Point of Connection to existing
8-inch PVC main at Sta.
35 +20.89 including removals,
installation of cross, 2-each 12-
inch gate valves and 8-inch gate
valves, adapters, valve box
assemblies and thrust blocking --
for a lump sum price of Ls $ ,' /'- /- I 0 5. A 443 L.F. 12-inch polyvinyl chloride
(PVC) reclaimed water main
including removals, excavation,
bedding, fittings, thrust
blocking, compacted backfill,
and temporary pavement for if
1 --
-J .. 1 6.A 3EA. Install 1-inch manual air release 1- -,
/ /-
7.A 1EA. Install 2-inch blow-off assembly I for a unit price of
8. A 170 S.F. Replace removed cross gutter
per SDRSD No. G-12.1 for a - /- - $ /- ,- square foot price of $"
Contractor's Prc I* 05/01/95
Item Approximate
No. Quantitv Description Unit Price Total
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I price of $
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9. A 350 L.F. Replace asphaltic concrete
pavement and aggregate base in
Price Club driveway for trench
section on Sheet 2 of plans for
linear foot price of $: , - , --
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10. A 120 L.F. Replace asphaltic concrete
pavement and aggregate base in
Palomar Airport Road per
trench section on Sheet 2 of - plans for linear foot price of- $ \
Slurry seal construction zone as
shown on Sheet 3 of plans, per
r - ,y /* $ fl/
11. A 22,750 S.F.
specifications for a square foot _-
$ -
12. A Ls Replace removed or damaged
traffic stripping, pedestrian walk
stripping, stenciled marking and
reflective markers complete and
in place to match existing for a
lump sum price of Ls $
SCHEDULE A SUBTOTAL $
SCHEDULE B (PASEO DEL NORTE AND CAMINO DE LAS ONDAS)
1. B Is Traffic Control complete and in
place for a lump sum price of Ls $
- 2. B Ls Install shoring for a lump sum ,- price of Ls $ -’ -
Contractor’s Prc I* 05/01/95
Item Approximate
No. Q uantity Description Unit Price Total
Point of Connection to existing
12-inch ACP main at Sta.
37+56.00 including removals,
installation of 12-inch blind
flange, tee, 2-each 12-inch gate
valves, 8-inch gate valve, valve
box assemblies, fittings, 8-inch
PVC stub west and thrust
of
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I of Ls $ ,v i-’
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Ls I. 3*B
blocking for a lump sum price Ls $
4. B Ls Tee at Sta. 39+83.93 including
6-inch gate valve, valve box
assembly, 6-inch PVC stub west
and thrust blocking for a lump
sum price of Ls $
w-
5. B 2EA. Install 12-inch gate valves at
Sta. 45+80.00 and Sta.
54+00.00 including valve box -- assemblies, and thrust blocking -
for a unit price of $ 4 ?jT $ ,- x..
6. B Ls Cross at Sta. 61+11.63
including 3-each 12-inch gate
valves, 6-inch gate valve, valve
box assemblies, fittings, 6-inch
PVC stub west, and thrust
blocking for a lump sum price ~ -- - ~
of Ls $ :.-
7. B Ls Tee at Sta. 16+11.00 (Camino
De Las Ondas) including 2-each
12-inch gate valves, 8-inch gate
valve, valve box assemblies, 8-
inch PVC stub south and thrust
/ blocking for a lump sum price -
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Contractor’s Pro I. 05/01/95
It em Approximate
No. Q uantity Description Unit Price Total
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I. a unit price of $/ ,-
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8. B Ls Tee at Sta. 20+52.00 (Camino
De Las Ondas) including 2-each
12-inch gate valves, 8-inch gate
valve, valve box assemblies, 40
1.f. 8-inch PVC stub north and
thrust blocking for a lump sum
B.
price of Ls $
9. B 3,494 L.F. 12-inch polyvinyl chloride
(PVC) reclaimed water main
including removals, excavation,
bedding, fittings, thrust
blocking, compacted backfill,
7 and temporary pavement for a - I_ linear foot price of $ /’ $ -< ~
- 10. B 6 EA. Install 1-inch manual air release I /-’ ,) * ,, $ assembly for a unit price of $
11. B 2EA. Install 2-inch air vacuum valve
assembly and appurtenance for - -
$
12. B 8 EA. Install 2-inch blow-off assembly -i , ./
13. B 120 S.F. Replace removed cross gutter
per SDRSD No. G-12.1 for a - /’ 1- , /- square foot price of $’ <’ $ -
14. B 3,570 L.F. Replace asphaltic concrete
pavement and aggregate base
per trench section on Sheet 2 of
plans for linear foot price of
- . -a\ $
15. B Ls Replace removed or damaged
traffic stripping, pedestrian walk
stripping, stenciled markings
and reflective markers complete
and in place to match existing
Contractor’s Prc I. 05/01/91
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I * ADDITION (+) OR DEDUCTION (-) $ \/
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Item Approximate
No.@ antity Description Unit Price Total
,-
\ 'a I/ SCHEDULE B SUBTOTAL $
SUB-TOTAL SCHEDULES A AND B $ 2 7 / 'L ---
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* Provision is made here for the bidder to include an addition/deletion in their bii
desired, to reflect any last minute adjustments in prices. The addition/deletioi
made will be proportionately applied to items
(fill in appropriately) and reflected in the unit prices for payment purposes. If
additional deduction affects more than one bid item, the proportionate applica
of the additioddeduction shall be mutually agreed upon by the Contractor and
District prior to bid award.
Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid opening. Prices quoted in
Proposal shall include all taxes, including sales and use taxes.
Addendum (a) No(s).
this proposal.
THE DISTRICT RESERVES THE RIGHT TO AWARD EITHER SCHEDULE A
SCHEDULE B OR BOTH.
The Undersigned has checked carefully all of the above figures and understands that
District will not be responsible for any error or omissions of part of the Undersignec
has/have been received and is/are includec
I making up this bid.
The Undersigned agrees that in case of default in executing the required Contract P
necessary bonds and insurance policies within twenty (20) days from the date of awarc
Contract by the Board of Directors of the Carlsbad Municipal Water District, the proce
of the check or bond accompanying this bid shall become the property of the District.
Contractor's ProF I. 05/01/95
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The Undersigned Bidder declares, under penalty of perjury, that they are licensed tc
business or act in the capacity of a contractor within the State of California and that
are validly licensed under license number 7fici86 , classification A
which expires on . This statement is true and correct and has the 1 9 -RB -9 7
effect of an affidavit. 702 sz5 we4 m
A bid submitted to the District by a Contractor who is not licensed as a contractor purs
to the Business and Professions Code shall be considered nonresponsive and shal
rejected by the District. § 7028.15(e). In all contracts where federal funds are involve(
bid submitted shall be invalidated by the failure of the bidder to be licensed in accord
with California law. However, at the time the contract is awarded, the Contractor sha
properly licensed. Public Contract Code § 20104.
The Undersigned Bidder hereby represents as follows:
1. That no Board member, officer agent, or employee of the Carlsbad Munic
Water District is personally interested, directly or indirectly, in this Conti
or the compensation to be paid hereunder; that no representation, oral (
writing, of the Board of Directors, its officers, agents, or employees
inducted hider to enter into this Contract, excepting only those conta
in this form of Contract and the papers made a part hereof by its terms;
That the bid is made without connection with any person, firm, or corpora
making a bid for the same work, and is in all respects fair and wit1
collusion of fraud.
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2.
Accompanying this proposal is Boorl-
(Cash, Certified Check, Bond or Cashier’s Check)
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code w
requires every employer to be insured against liability for worker’s compensation c
undertake self-insurance in accordance with the provisions of that code, and agree
comply with such provisions before commencing the performance of the work of
Contract and continue to comply until the contract is complete. ... ... ... ... ... ... ... ... ... ...
Contractor‘s Pro I. 05/01P5
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Ar
2, relative to the general prevailing rate of wages for each craft or type of worker net
to execute the Contract and agrees to comply with its provisions.
1 IF SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1)
(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of proprietor
(Street and Number)
City and State
(4) Zip Code Telephone No.
i @ IF A PARTNERSHIP SIGN HERE:
Name under which business is conducted
Signature (given and surname and character of partner) (Note: Signa
must be made by a general partner)
(1)
(2) I
(3) Place of Business
(Street and Number) 1 City and State
(4) Zip Code Telephone No.
Contractor's Pro1 1. 05/01/95
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1 IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted LO~~EP-~
G>prc*,c\c &ns -nL33TIQon.
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(2) Signature// h?. G G /+<L I c c.. f?&&-/<k”>,A,.
(3) Title ULCP 9r CZSI $en.. ---
1 Impress Corporate Sed
(4)
(5)
Incorporated under the laws of the State of
Place of Business t 33-07
C!!AlFor n 1 a,.--
M I ELl*acL fd (Street and Number)
City and State foU3A-7, eA
(6) Zip Code 4 mJ-! Telephone NO.^ /q c k 79 -91b2s-
NOTARY ACKNOWLEDGMENT OF EXECUTION OF ALL SIGNATORIES MUST
ATTACHED
List below names of president, vice president, secretary and assistant secretary,
corporation; if a partnership, list names of all general partners, and managing partnefi 1c
Ti\cl,ei IUA.\)FQW id - Pres/sec/rfe*s
DEI& @h*mLed-+w- V, R
Contractor’s Prop eo 05/01/95 I
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DESIGNATION OF SUBCONTRACTORS
(TO ACCOMPANY PROPOSAL)
The Contractor certifies he/she has used the sub-bids of the following listed Contractoi
making up hisher bid and that the sub-contractors listed will be used for the work for w
they bid, subject to the approval of the District Engineer, and in accordance with applic
provisions of the Specifications and Section 4100 et seq. of the Public Contracts Co
"Subletting and Subcontracting Fair Practices Act." No changes may be made in tl
subcontractors except upon the prior approval of the District Engineer of the Carl!
Municipal Water District. The following information is required for each sub-contrac
Additional pages can be attached if required:
This project does - does not XX have bid items designated as "SPECIALTY ITEn
Items of Complete Address Phone No.
Work Full Companv Name With Zip Code With Area Code
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Designa tic
Subcontra
05/01/95
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AMOUNT OF SUBCONTRACTORS' BIDS
(TO ACCOMPANY PROPOSAL)
The Bidder is to provide the following information on the sub-bids of all the li
subcontractors as part of the sealed bid submission. Additional pages can be attache
required.
1.
Type of State Carlsbad
Contracting Business Amount of Bid
Full Company Name License & No. License No. * I$ or %',
x-*
/,./ -- >" - -x
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1 - y -'I" -
t $\ %
*Licenses are renewable annually. If no valid license, indicate "NONE." Valid license
be obtained prior to submission of signed contracts. t
Am0
Subcontractoi
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EOUIPMENT/MA'IERIAL SOURCE INFORMATION
(TO ACCOMPANY PROPOSAL)
The Bidder shall indicate opposite each item of equipment or material listed below,
name of the one supplier and manufacturer of each item of equipment or material propc
to be furnished under the bid. Awarding of a contract under this bid will not ir
approval by the District of the manufacturers listed by the Bidder.
li EauipmentNaterial Manufacturer
1. Pipe Supplier
(One Only)
for Reclaimed Water
-. -_ Purple Polyvinyl Chloride Pipe .., _-
(Manufacturer) --
2. Valve Supplier
(One Only)
Gate Valve
f'/, : - I. (Manufacturer)
3.
l (Manufacturer)
m
Equipmenma
Source Infom 1. 05/01/95 1
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BID SECURITY FORM
(Check to Accompany Bid)
(Note: The following form shall be used if check accompanies bid:)
Accompanying this proposal is a *Certified *Cashiers check payable to the ord
CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of
I.
dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds oj
check shall become the property of District provided this proposal shall be accepted e
District through action of its legally constituted contracting authorities and the undersi
shall fail to execute a contract and furnish the required Performance, Warranty
Payment Bonds and proof of insurance coverage within the stipulated time; otherwise
check shall be returned to the undersigned. The proceeds of this check shall also be(
the property of the District if the undersigned shall withdraw his bid within the peric
fifteen (15) days after the date set for the opening thereof, unless otherwise required by
and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form 01
following pages shall be executed--the sum of this bond shall be not less than ten pe
(10%) of the total amount of the bid.
Bid Security
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SUMPUNPANICH,INC.DBA ~ESTERN
PACIFIC CONSTRUCTION
CALIFORNIA
TEN PERCENT OF THE TOTAL AMOUNT OF THE BID
BEST COpy
INDEMNITY COMPANY OF
Bldder's Bond
05/01195 Re\'.
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Slli1PUNPANICH,INC.DBA '
lJ...JEST6e..tD PPe.-[F;~c.o()$T(f\.JC..I1~t'\.INDEHNITY COMPANY OF CALIFORNIA
/ltJ~~;mw~~
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U \c.e -Pres f cl 'e.-V\'f
ru ft.\}A-pA-n Icl"'-
Pres -Sec.-TIe14-S
BEST COpy
JO ANN PARKER
personally known to me (or provcd to me on the basis of
satisfactory evidence) to bc the person(s) whose namc(s)
is/arc subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/
her/ their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature b /&2 This arm Jor OJJcinf Notnrial Seal
L
Preside
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(TO ACCOMPANY PROPOSAL)
Bidder submits herewith a statement of financial responsibility:
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v UQOt-3 r-3 e5Y-I-
Bidder’s Statem
Financial Respon!
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REFERENCES e
NAME OFAGENCY: CITY OF POWAY
Poway, CA 92064
ADDRESS: 13325 Civic Center Drive
PHONE: (619) 679-7438
CONTACT: Bud Oliveria
TYPE OF WORK: Various Underground
NAME OF AGENCY: MARC0 PLUMBING
ADDRESS: 13507 Midland Road
Poway, CA 92064
PHONE: (619) 748-8111
CONTACT: Bill
TYPE OF WORK: Various Underground
NME OF AGENCY: NENNER ENTERPRISES
ADDRESS: 1677 V2 hs Altos Road
San Diego, CA
PHONE: (6 19) 270-9687
CQNTACT: Paul Nenner
TWE OF WORK: Various Underground
0
NAME OFAGENCY:: NORTH COUNTY ENGINEERING
ADDrnSS: 2450 Vineyard Road
Escondido, CA 92025
PHONE: (619) 743-0908
CONTACT: Ralph
TYPE OF WORK: Various Underground
NME OFAGENCY COMFORT CONSTRUCTION
ADDRESS: 4990 Williams Avenue
La Mesa, CA 91941
PHONE: (619) 468-1266
CONTACT: John Chubbic
TYPE OF WORK: 300’ Fire Line Installation
0
Date Name and Phone
Contract Name and Address No. of Person
Completed of the Employer to Contract I
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Type Amouni of of
Work Contrac
SA-AJ{)Je:Jv
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!on-o...Uuslon AffidaVit
05/01195 Re·•..
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CONTRACT - PUBLIC WORKS
I*
This agreement is made this&ay of 6- , 19z6y and between the Carl Municipal Water District of Carlsbad, California, a municipal corporation, (herein
whose prin called "District"), and
place of business is
(hereinafter called "Contractor".)
District and Contractor agree as follows:
1.
WESTERN PACIFIC CONSTRUCTION
13507 MIDLAND KD, POWAY, CA 92064
1
I Documents for:
Description of Work. Contractor shall perform all work specified in the Con
CONSTRUCTION OF 12-INCH RECLAIMED WATER MAINS
AT PALOMAR AIRPORT ROAD AND PRICE CLUB ENTRANCE,
PASEO DEL NORTE AND CAMINO DE LAS ONDAS 8
I. CMWD PROJECT NO. 94-302 - CONTRACT NO. 3348
8 (hereinafter called "project".)
2. Provisions of Labor and Materials. Contractor shall provide all labor, mate
tools, equipment, and personnel to perform the work specified by the Con
Documents.
Contract Documents. The Contract Documents consist of this Contract, Ni
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontrac
Bidder's Statements of Financial Responsibility and Technical Ability, Non-colli
Affidavit, Escrow Agreement, Release Form, the Plans and Specifications
Special Provisions, and all proper amendments and changes made theret
accordance with this Contract or the Plans and Specifications, and all bonds fo
project; all of which are incorporated herein by this reference.
Contractor, herhis subcontractors and materials suppliers shall provide and iI
the work as indicated, specified, and implied by the Contract Documents. Any i
of work not indicated or specified, but which are essential to the completion o
work, shall be provided at the Contractor's expense to fulfill the intent of
documents. In all instances through the life of the Contract, the District will bc
interpreter of the intent of the Contract Documents, and the District's dec
Contract - Public '
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3.
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relative to said intent will be final and binding. Failure of the Contractor to apl
subcontractors and materials suppliers of this condition of the Contract will
relieve responsibility of compliance.
Payment. For all compensation for Contractor's performance of work under
Contract, District shall make payment to the Contractor per Section 9-3 oi
Standard SDecifications for Public Works Construction (SSPWC) 1994 Edition,
the latest supplement, hereinafter designated "SSPWC, as issued by the Sout
California Chapter of the American Public Works Association and as amende
the special provisions section of this contract. The closure date for each mol invoice will be the 30th of each month. Invoices from the Contractor sha
submitted according to the required District format to the District's assigned pr
manager no later than the 5th day of each month. Payments will be delay1
invoices are received after the 5th of each month. The final retention amount
not be released until the expiration of thirty-five (35) days following the recoi
of the Notice of Completion pursuant to California Civil Code Section 3184.
Public Contract Code section 20104.50 requires a summay of its contents to b
forth in the terms of the contract. Below is such a summary. However, contr;
should refer to Public Contract Code section 20104.50 for a complete stateme
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4.
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The District shall make progress payments within 30 days after receipt c
undisputed and properly submitted payment request from a contractor (
construction contract. If payment is not made within 30 days after receipt (
undisputed and properly submitted payment request, then the District shall
interest to the contractor equivalent to the legal rate set forth in subdivision (
Section 685.010 of the Code of Civil Procedure.
Upon receipt of a payment request, the District shall, as soon as practicable
receipt, determine whether the payment request is a proper payment request. 1
District determines that the payment request is not proper, then the request shz
returned to the contractor as soon as practicable but not later than seven (7)
after receipt. The returned request shall be accompanied by a document setting
in writing the reasons why the payment request was not proper.
If the District fails to return the denied request within the seven (7) day time
then the number of days available to the District to make payment without incu
interest shall be reduced by the number of days by which the District exceed
seven (7) day return requirement.
"Progress payment" includes all payments due contractors except that portion c
final payment designated by the contract as "retention earnings".
A completed and executed release form in the form described in this COI
(hereinafter "Release Form"), shall be submitted prior to approval of each prc
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payment. The Contractor shall list all disputed claims or potentially disputed cl
which arise during the pay period. The purpose of the Release Form is to t
timely attention to areas of dispute or potential dispute between the Contractor
the District for the pay period. Failure of the Contractor to submit a completed
executed Release Form shall constitute the Contractor’s acknowledgement thz
disputes of any type have arisen that pay period or remain from previous pay pel
and the Contractor waives all future rights in making claims for disputes arisii
those pay periods. All previous and new disputed claims or potentially disp
claims shall be listed on the Release Form until such time as the disputed claim
resolved. The Contractor shall not modify the Release Form in any way.
IndeDendent Investigation. Contractor has made an independent investigation o
jobsite, the soil conditions at the jobsite, and all other conditions that might a
the progress of the work, and is aware of those conditions. The Contract 1
includes payment for all work that may be done by Contractor, whether anticiF
or not, in order to overcome underground conditions. Any information that
have been furnished to Contractor by District about underground conditions or <
job conditions is for Contractor’s convenience only, and District does not wa
that the conditions are as thus indicated. Contractor is satisfied with all
conditions, including underground conditions and has not relied on informi
furnished by District.
Contractor Responsible for Unforeseen Conditions. Contractor shall be respon
for all loss or damage arising out of the nature of the work or from the action o
elements or from any unforeseen difficulties which may arise or be encounterc
the prosecution of the work until its acceptance by the District. Contractor shall
be responsible for expenses incurred in the suspension for discontinuance o
work. However, Contractor shall not be responsible for reasonable delays ir
completion of the work caused by acts of God, stormy weather, extra worl
matters which the specifications expressly stipulate will be borne by District.
Hazardous Waste or Other Unusual Conditions. If the contract involves dij
trenches or other excavations that extend deeper than four feet below the sur
Contractor shall promptly, and before the following conditions are disturbed, r
District, in writing, of any:
A.
1.
1
5.
6.
7.
Material that Contractor believes may be material that is hazardous was’
defined in Section 25117 of the Health and Safety Code, that is requirr
be removed to a Class I, Class 11, or Class I11 disposal site in accordance
provisions of existing law.
Subsurface or latent physical conditions at the site differing from 1
indicated.
Unknown physical conditions at the site of any unusual nature, diff
materially from those ordinarily encountered and generally recopkc
B.
C.
Contract - Public P 05/01/9
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inherent in work of the character provided for in the contract.
District shall promptly investigate the conditions, and if it finds that the condii
do materially so differ, or do involve hazardous waste, and cause a decreas
increase in contractor’s costs of, or the time required for, performance of any
of the work shall issue a change order under the procedures described in
contract.
In the event that a dispute arises between District and Contractor whethei
conditions materially differ, or involve hazardous waste, or cause a decreas
increase in the Contractor’s cost of, or time required for, performance of any
of the work, Contractor shall not be excused from any scheduled completion
provided for by the contract, but shall proceed with all work to be performed u
the contract. Contractor shall retain any and all rights provided either by con
or by law which pertain to the resolution of disputes and protest between
contracting parties.
Change Orders. District may, without affecting the validity of the Contract, c
changes, modifications and extra work by issuance of written change or
Contractor shall make no change in the work without the issuance of a WI
change order, and Contractor shall not be entitled to compensation for any (
work performed unless the District has issued a written change order designatil
advance the amount of additional compensation to be paid for the work. If a ch
order deletes any work, the Contract price shall be reduced by a fair and reasor
amount. If the parties are unable to agree on the amount of reduction, the 1
shall nevertheless proceed and the amount shall be determined by litigation.
only person authorized to order changes or extra work is the Project Manager.
written change order must be executed by the Executive Manager or the Boa
Directors, as allowed by law and according to the latest procedures adopte
I.
8.
8 resolution of the board.
9. Immigration Reform and Control Act. Contractor certifies he is aware o
requirements of the Immigration Reform and Control Act of 1986 (8 USC Sec
1101-1525) and has complied and will comply with these requirements, including
not limited to, verifying the eligibility for employment of all agents, emplo
subcontractors, and consultants that are included in this Contract. e
10. Prevailing - Wage. - Pursuant to the California Labor Code, the director OJ
Department of Industrial Relations has determined the general prevailing rate c
diem wages in accordance with California Labor Code, Section 1773 and a co
a schedule of said general prevailing wage rates is on file in the office o
Carlsbad City Engineering Department, and is incorporated by reference he
Pursuant to California Labor Code Section 1775, Contractor and all subcontra
shall pay prevailing wages. Contractor shall post copies of all applicable previ
wages on the job site.
For this contract, eight hours shall constitute a legal day’s work. Work beyond
Contract - Public
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hours shall be paid at a rate not less than one and one half times the preva
rates. Wage rates for Sundays and holidays shall be paid at a rate not less than
times the prevailing rates. The holidays upon which such rates shall be paid sha
all holidays recognized in the collective bargaining agreement applicable to
particular craft, classification or type of workers employed on the projects.
Indemnification. Contractor shall assume the defense of, pay all expenses of deft
and indemnify and hold harmless the District, and its officers and employees, j
all claims, lawsuits or judgements for any loss, damage, injury and liability of e
kind, nature and description, directly or indirectly arising from or in connection
the performance of the Contractor or work; or from any failure or alleged failu
Contractor to comply with any applicable law, rules or regulations including t
relating to safety and health; except for loss or damage which was caused sole
the active negligence of the District; and from any and all claims, loss, dam;
injury and liability, howsoever the same may be caused, resulting directly or indir
from the nature of the work covered by the Contract, unless the loss or damage
caused solely be the active negligence of the District. The expenses of del
include all costs and expenses including attorneys fees for litigation, arbitratio
other dispute resolution method.
Contractor shall also defend and indemnify the District against any challenges tc
award of the contract to Contractor, and Contractor will pay all costs, inch
defense costs for the District. Defense costs include the cost of separate counst
District, if District requests separate counsel.
Insurance. Contractor shall procure and maintain for the duration of the con
insurance against claims for injuries to persons or damage to property which
arise from or in connection with the performance of the work hereunder b!
Contractor, his agents, representatives, employees or subcontractors. Said insur
shall meet the District’s policy for insurance as stated in Resolution No. 772.
(A)
I.
11.
I.
12.
8
8 COVERAGES AND LIMITS - Contractor shall maintain the typc
coverages and minimum limits indicted herein:
I. Commehensive General Liability Insurance:
$l,OOO,OOO combined single limit per occurrence for bodily injuq
property damage. If the policy has an aggregate limit, a sep
aggregate in the amounts specified shall be established for the risl
which the District or its agents, officers or employees are addit
insureds.
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2. Automobile Liability Insurance:
$l,OOO,OOO combined single limit per accident for bodily injur)
property damage. In addition, the auto policy must cover any VE
Contract - Public
05/01P
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used in the performance of the contract, whether used onsite or ofl
whether owned, nonowned or hired, and whether scheduled or
scheduled. The auto insurance certificate must state the coveraj
for "any auto" and cannot be limited in any manner.
Workers' Compensation and Employers' Liabilitv Insurance:
Workers' compensation limits as required by the Labor Code o
State of California and Employers' Liability limits of $l,OOO,OOC
incident. Worker's compensation offered by the State Compensz
Insurance Fund is acceptable to the District.
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(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policic
insurance required under this agreement contain, or are endorsed to con
the following provisions. General Liability and Automobile Lial
Coverages:
1. The District, its officials, employees and volunteers are to be cov
as additional insureds as respects: liability arising out of acti!
performed by or on behalf of the Contractor; products and compl
operations of the contractor; premises owned, leased, hirec
borrowed by the contractor. The coverage shall contain no sp
limitations on the scope of protection afforded to the Distric
officials, employees or volunteers.
The Contractor's insurance coverage shall be primaIy insuranc
respects the District, its officials, employees and volunteers.
insurance or self-insurance maintained by the District, its offic
employees or volunteers shall be in excess of the contractor's insur
and shall not contribute with it.
Any failure to comply with reporting provisions of the policies
not affect coverage provided to the District, its officials, employe
volunteers.
Coverage shall state that the contractor's insurance shall i
separately to each insured against whom claim is made or si
brought, except with respect to the limits of the insurer's liabilic
"CLAIMS MADE" POLICIES - If the insurance is provided on a "cl
made" basis, coverage shall be maintained for a period of three :
following the date of completion of the work.
NOTICE OF CANCELLATION - Each insurance policy required bj
agreement shall be endorsed to state that coverage shall not be suspei
voided, canceled, or reduced in coverage or limits except after thirty
days' prior written notice has been given to the District by certified
Contract - Public
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3.
4.
(C)
(D)
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1 return receipt requested.
(E) DEDUCT'IBLES AND SELF-INSURED RETENTION (S.I.R.) LEVE
Any deductibles or self-insured retention levels must be declared to
approved by the District. At the option of the District, either: The in:
shall reduce or eliminate such deductibles or self-insured retention leve
respects the District, its officials and employees; or the contractor
procure a bond guaranteeing payment of losses and related investiga
claim administration and defense expenses.
WAIVER OF SUBROGATION - All policies of insurance required u
this agreement shall contain a waiver of rights of subrogation the insurer
have or may acquire against the District or any of its officials or empla
(G) SUBCONTRACTORS - Contractor shall include all subcontract01
insureds under its policies or shall furnish separate certificates
endorsements for each subcontractor. Coverages for subcontractors shi
subject to all of the requirements stated herein.
ACCEPTABILITY OF INSURERS - Insurance is to be placed with ins
that have a rating in Best's Key Rating Guide of at least A-:V, anc
authorized to transact the business of insurance by the Insui
Commissioner under the standards specified by the Board of Directc
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(F)
(H)
I. Resolution No. 772.
(I) VERIFICATION OF COVERAGE - Contractor shall furnish the Di
with certificates of insurance and original endorsements affecting covc
required by this clause. The certificates and endorsements for each insui
policy are to be signed by a person authorized by that insurer to
coverage on its behalf. The certificates and endorsements are to be in i
approved by the District and are to be received and approved by the Dj
before work commences.
COST OF INSURANCE - The Cost of all insurance required unde?
agreement shall be included in the Contractor's bid. (J)
13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be res
in accordance with the provisions in the Public Contract Code, Division 2, P
Chapter 1, Article 1.5 (commencing with section 20104) which are incorporat
reference. A copy of Article 1.5 is included in the Special Provisions I section.
contractor shall initially submit all claims over $375,000 to the District usin
informal dispute resolution process described in Public Contract Code subsec
20104.2 (a), (c), (d). Notwithstanding the provisions of this section of the con
all claims shall comply with the Government Tort Claims Act (section 900 &g
the California Government Code) for any claim or cause of action for mon
damages prior to filing any lawsuit for breach of this agreement.
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I 14. Maintenance of Records. Contractor shall maintain and make available at no
to the District, upon request, records in accordance with Sections 1776 and 18
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not mail
the records at Contractor’s principal place of business as specified above, Contri
shall so inform the District by certified letter accompanying the return of
Contract. Contractor shall notify the District by certified mail of any chaq
1.
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Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing
Section 1720 of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier’s check, or certified check mi
substituted for any monies withheld by the District to secure performance o
contract for any obligation established by this contract. Any other security tl
mutually agreed to by the Contractor and the District may be substituted for mt
withheld to ensure performance under this Contract.
Affirmative Action. The Carlsbad Municipal Water District is an equal opport
employer.
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18. Provisions Required by Law Deemed Inserted. Each and every provision of law
clause required by law to be inserted in this Contract shall be deemed to be insc
herein and included herein, and if, through mistake or otherwise, any such prov
is not inserted, or is not correctly inserted, then upon application of either party
Contract shall forthwith be physically amended to make such insertion or correc
Ie
NOTARIAL ACKNOWLEDGMENT OF
EXECUTION BY ALL SIGNATORIES
MUST BE ATTACHED
Print Name of Signatory
(CORPORATE SEAL) j li L;$ // &92& 4L-L (/ &J,++JL f2 &-
Signature of Signatory
1 \ - -- > pA51 Q a -$- I Title
1
I General Counsel
By: 1 Title
APPROVED TO AS TO FORM:
RONALD R. BALL
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Board of Directors
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CA~~FOLRNIA ALL-PURPOSE ACKNOWLEDGMENT b
State of California
County of Sari Diego
On ,;p~~~2~~k~~~ j3, jYr7Sbefore me, Douglas G Schneider, Notary puk
NAME TITLE OF OFFICER - E G , "JANE DOE NOTARY PUBLIC"
-Tq j: k? I' /,/c+ ;/c$?:>,<,;:/J 4.J f44V I vi <'2+ --rd 2 J&' ' NAME(S) OF SIGNER(S)
personally appeared -
0 p-e - OR - B proved to me on the basis of satisfactory evide
to be the perso6 whose name@,'%/
subscribed to the within instrument and
knowledged to me that Pt&&=@n>xecl
the same in s - the>,au t h o ri
capacitym2 and that by-
signaturcaon the instrument the persoi
or the entity upon behalf of which
person@ acted, executed the instrum
Though the data below is not required by law, it may prove valuable to persons relying on the document and could 1
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED D06UM
c&)7 pr/[ J
TITLE OR TYPE OF DOCUMENT
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENnTY(IES)
h/&T&:f,7,, ,k:y,' & &J,V< f/-;/:7,0> 1 SIGNER(S) OTHER THAN NAMED ABO\
01 993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park,
* RSND NUMBER: 194070P
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LABOR AND MATERIALS BOND
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, Stat
(hereinafter design awarae to WESTERN PACIFIC CONSTRUCTION
6
by Resolution No. 909 , adopted AUGUST 22, 1995 9 wo9p SUMPUNPANICH
as the "Principal"), a Contract for:
CONSTRUCTION OF 12-INCH RECLAIMED WATER MAINS
AT PALOMAR AIRPORT ROAD AND PRICE CLUB ENTRANCE,
PASEO DZL NORTE AND CAMINO DE LAS ONDAS
CMWD PROJECT NO. 94-302 - CONTRACT NO. 3348
in the Carlsbad Municipal Water District, in strict conformity with the drawings
specifications, and other Contract Documents now on file in the Office of the Secreta]
the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad), and all of w
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the t
thereof require the furnishing of a bond, providing that if Principal or any of
subcontractors shall fail to pay for any materials, provisions, provender or other supplil
teams used in, upon or about the performance of the work agreed to be done, or foi
work or labor done there of any kind, the Surety on this bond will pay the same tc
extent hereinafter set forth.
8
SUMPUNPANICH INC. DBA B 0 NOW, THEREFORE, WE, WESTERN PACIFIC CONSTRUCTION
Principal (hereinafter designated as the "Contractor"), and INDEMNITY COMPANY OF Cl
as Surety, are held firmly bound unto the Carlsbad Municipal Water Di,
in the sum of One Hundred Thirty Five Thousand Six Hundred Ninety E 501
), said sum being fifty percent (50%) o
estimated amount payable by the Carlsbad Municipal Water District under the terms a
Contract, for which payment well and truly to be made we bind ourselves, our 1
executors and administrators, successors, or assigns, jointly and severally, firmly by 1
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or h
subcontractors fail to pay for any materials, provision, provender, supplies, or teams
in, upon, for, or about the performance of the work contracted to be done, or for any
work or labor thereon of any kind, or for amounts due under the Unemployment Insu
Code with respect to such work or labor, or for any amounts due under the Unemploy
Insurance Code with respect to such work or labor, or for any amounts required
deducted, withheld, and paid over to the Employment Development Department fro1
wages of employees of the contractor and subcontractors pursuant to Section 13020 (
Unemployment Insurance Code with respect to such work and labor that the Surety wi
for the same, not to exceed the sum specified in the bond, and, also, in case suit is brc
upon the bond, costs and reasonable expenses and fees, including reasonable attorney's
to be fixed by the court, as required by the provisions of Section 3248 of the California
Dollars ($ 135,690.50 -----_____-
* Code.
Labor and Material:
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entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commen
with Section 3082).
In the event that Contractor is an individual, it is agreed that the death of any
Contractor shall not exonerate the Surety from its obligations under this bond.
e
CONTRACTOR thisAY& Executed by SURETY this 28TH d;
,19y&-': AUGUST ,192.
CONTRAcrOR SURETY:
Sc,vpu~~er\\el,,Cnc, DBk
'i7 mJ bk5i-Ern p 4c\ FJL Pans I PDC L
mk -4 vIJ\l (%-f?m&=$?/$l-lu JO ANN PARKER
(print name here) Printed name of Attorney-in-Fact
(attach corporate resolution sho
current power of attorney)
^._I-_ ~ "I-
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one office1
the corporation must attach a resolution certified by the secretary or assistant secretary under corporal empowering that officer to bind the corporation.)
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APPROVED AS TO FORM:
RONALD R. BALL
Labor and Materiah
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CALIFORNIA
SAN DIEGO } ss. STATECF
iF2f+J’ , before me, D. KOHL
0 CoUNTY OF
On
PERSONALLY APPEARED JO ANN PARKER
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged to me that he/she/ they executed the same in his/
her/their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature &7d’#&(/$7 - This arm for Ojficinl Notnrinf Seal
OPTIONAL 0
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prc fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRlPTlON OF ATTACHED DOCUMEl
0 INDIVIDUAL
CORPORATE OFFICER
- TITLE OR TYPE OF DOCUMENT TiTLE(S)
0 PARTNER(S) 0 LIMITED
0 ATTORNEY-IN-FACT NUMBER Of PAGES
TRUSTEE(S) 17 GUARDIAN/CONSERVATOR 0 OTHER:
0 GENERAL
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITf(iES)
SIGNER(S) OTHER THAN NAMED ABOVE
- * -
>
ALL-PURPOSE ACKNO WLECG EMENT ID-OS1 Rcv 6/94
Dante F incenti, Jr
Preside 5\11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of CsWG~gii
personally appeared r/b h@Vd LMIM PZPLB;, 4WA "X-SL"4-
m personally known to me - OR - g proved to me on the basis of satisfactory wid(
NaME(S) OF SiGNEii(S)
to be the person(6) whose name@)
subscribed to the within instrument a
siqature(s) on the instrument t
Tflougn :he azta 3e!ow is nct rewired by !aw, it may ?rove dcacie :o serscns ie!ying zn :he dccxrnent ma c3uld frauculent resttacnment of this form.
CAPACIN CLAIMED BY SIGNER RESCRIPTION OF ATTACHED DOCUb
CCfiPORATE OFFiCER
TrnEtS)
-9 t5-
NUMBER OF PAGES
SlGNER IS REPRESENTING: NAME OF ?EWN(S) OR €"Y(lES) so&vd p%w-a--
SIGNER(S) OTHEF( THAN NAMED ABC
01993 NATICNAL NOTARY ASSOC:AT:ON -8226 Rernrnet Ave.. P 0. Box 7104 - Canoga Par
PREMUM IS FOR CO~TRAF AND S SUBJECT TO ADJJUS WSED ON FINAL CONTRACT
e.5
BOND NUMBER: 194070P PREMIUM:$6,785.00 I
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' FAITHFUL PERFORMANCEDVARRANTY BOND
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, Stal
California, by Resolution No. 909 , adopted August 22, 1995 , has award€
"Principal"), a Contract:
o
3 (hereinafter designated as 3J B PY{gA"hgf WESTERN PACIFIC CONSTRUCTION
CONSTRUCTION OF 12-INCH RECLAIMED WATER MAINS
AT PALOMAR AIRPORT ROAD AND PRICE CLUB ENTRANCE,
PASEO DEL NORTE AND CAMINO DE LAS ONDAS a CMWD PROJECT NO. 94-302 - CONTRACT NO. 3348
in the Carlsbad Municipal Water District, in strict conformity with the contract, the drav
and specifications, and other Contract Documents now on file in the Office of the Secrc
of the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad), all of K+
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the ti
thereof require the furnishing of a bond for the faithful performance and warranty of
Contract;
NOW, THEREFORE, WE, WESTERN PACIFIC CONSTRUCTION , as Princ
(hereinafter designated as the "Contractor"), and INDEMNITY COMPANY OF CALIFOW
Surety, are held and firmly bound unto the Carlsbad Municipal Water District, in the
ofTwo Hundred Seventy One Thousand Three Hundred Eighty One Dollars(
said sum being equal to one hundred percent (100%) of the estimated amount o
Contract, to be paid to District or its certain attorney, its successors and assigns; for F
payment, well and truly to be made, we bind ourselves, our heirs, executors
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bou
Contractor, their heirs, executors, administrators, successors or assigns, shall in all t
stand to and abide by, and well and truly keep and perform the covenants, conditions
agreements in the Contract and any alteration thereof made as therein provided on
part, to be kept and performed at the time and in the manner therein specified, and
respects according to their true intent and meaning, and shall indemnifj and save han
the Carlsbad Municipal Water District, its officers, employees and agents, as th
stipulated, then this obligation shall become null and void; otherwise it shall remain i
force and effect.
As a part of the obligation secured hereby and in addition to the face amount spec
therefor, there shall be included costs and reasonable expenses and fees, inch
reasonable attorney's fees, incurred by the District in successfully enforcing such obligi
all to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that no charge, extension of time, alteration or addition 1
Faithful Perfon
Warrant]
05/01A
SLJMPUNPANICH, INC. DBA
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terms of the Contract, or to the work to be performed thereunder or the specifical
accompanying the same shall affect its obligations on this bond, and it does hereby ‘H
notice of any change, extension of time, alterations or addition to the terms of the Cont
or to the work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 29 tL
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Executed by SURETY this 28TH di
day of R LXI o ST ,19%7 AUGUST ,1995.
CONTRACTOR SURETY:
SUMPUNPANICH INC. DBA
WESTERN PACIFIC CONSTRUCTION
- I /\I P i-lfkmpd-Tp1 - Ftl Id -
<rri@e@i&erec/2 p/h.$&&!- b9 c c c p Printed name of Attorney-in-Fact
(attach corporate resolution sha
current power of attorney)
‘1 Pfcas,&l 17 I (title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President and vice-president and secretary must sign for corporations. If only one officer signs, the corpc
attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that off bind the corporation.)
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RONALD R. BALL
General Counsel 1 By:
Faithful Perfon
Warrant!
05/01A
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personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose namc(s)
is/arc subscribed to the within instrument and acknowl-
edged to me that he/shc/they executed the same in his/
her/their authorized capacity(ies), and that by liis/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the yerson(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature D/MJ This nrenfor Officinl Notnrinl Sen1
Dante F. incenti. Jr Preside 5\14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personaily appeared
c] personafly known to me - OR -)$+proved to me on the basis of satisfactory evidc
to be the person(s) whose name(s) I
subscribed :o the within instrument anc P
and cfficial s?d.
I nougn :he oata be!ow is not resuired by !aw, Ft ;nay 3rove valuaxe :o cersms relyrnc cn :he cccment ax muid
irauaulent realtacnrnent of this form.
CAPACITY CLAIMED BY SIGNER DESCRlPTlON OF ATTAC3ED DOCUN
.F& r%pL f&gr-,.-ayc91..;r-/bwfl?
TITLE ofi PPE OF ~GCC'MENT
TiTLEtS)
z O ATTORNEY-IN-FACT NUMBER OF PAGES
CI GUARDIANKONSERVATOR
SIGNER IS REPRESEMING: NAME OF PE?3SON(S) OR EMTIY(1ES)
81993 NATICNAL NOTARY ASSOCIATION - a236 Aernrnet Ave . P 0 BOX 7184 - Canoga Pa*
YLY VY ;I4 - .__-. ______. __ -
SURANCE BROKERS, INC.
INVESTORS INSURANCE GO. /$- 1 .- .- ." ...._.. ..._ ~-- .- - ... ..
WESTERN PACIFIC CONSTRLJCTIod, LNC. 13507 MIDLAND ROAD POWAY, CA 92064
T WI?H RESPECT TO Wk
SUBJECT TO ALL THE TI --
'SS CDNTHACTOFi'S PROT
ALL rhrhFn kiiTn%
SCHPDULtD AIITCS
LIIRCD ALTOS
NON-OWNED AUTOS
-....._ --
bHUUL3 ANI OF THC AbOVC DeJGRlDtb) CQLICiCJ 01: G4NGO4
CITY OF CARLSWD rum [ASINEI PEPARTMEXT 1200 CARLSBAD VILLAGE DRIVE CARLSBAD. CA 92088-?989
EXPIRATION DATB THEREOF. THE ISSUINO wwwr WILL ENC
'0 ow5 WttiTTCN NOTiGe Ta THC CmnricATI: numen MAW
uC==-u= -4 W-rrLlr UYI -_____ _____" ___
0
Named Hnrurcd; Wcslcni Pacific Commaion, Inc, Effedi~dnke: 10-1-95
t%mxd Liability lnsurnnce Poky Number: GLP1001212
ADDITIONAL INSURED ENDORSEMENT
The City of Carlsbad, its otPicials, empioyees and volunteers are named as additionat
insured hereunder 8s respects Liability araising out of activities performed by or on behalf
ofthe named inswed
Re: G~ntri~t # 3338 Carfsbad Muncipal Water Distsicr
Reclaimed w5m prsjcGt 0
0
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0
Zamed Knmmca: Wcsem Pacific Construclion Tnc EfhC%ke date: Bf)-l-%
Automobh Liability hwsa~ce Policy N~rmhpr: 26PBO5
ADDITIONAL INSURED ENDORSEMENT
The City of Carhbad, its ~fficials, employees and volunteers are nmed as additional
insure$ hereunder as respects Liability mising nut of activities pedormcd by or OR behalf
ofthe named inswed.
Re Contract # 3348 Carlsbad Muncipal Water District
Reclaimed water prsjcct e
e
. Box 609006 Diego CA 92160
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WI
LIMITS
ER'S & CONTRACTOR'S PROT
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
PROPERTY DAMAGE
ALL OPERATIONS OF THE NAMED INSURED FOR WORK PERFORMED ON BEHALF OF THE
CERTIFICATE HOLDER.
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 3o* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAR Carlsbad Municipal Water
District City of Carlsbad - Purchasing Department
1200 Carlsbad Village Drive Carlsbad CA 92008-1989
.\Va.!!?Srn(13Ic"II m9arc3a
Construcfi~
August 12,1995
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, @A 92008
ATTENTION: Kevin
RE; Reclaimed Water Pipeline Project
Dear Kevin:
Below please find the information per your request, this date, regarding
auto insurance and heavy equipment insurance on the above referencec
Western Pacific Construction does not own any vehicles or equipment
which will be used on the referenced project. We will be using rental
e$ u i p m en t.
Also, attached please find our Original General Liability Certificate.
If you have any further questions, please do not hesitate to contact myse or Cindy Skepard, our Project Coordinator.
Si merely,
@ project.
hr
Me1 Chamberlain
Vice-President
0
MCBcas
0 13507 Midland Rd. 0 Poway, CA 92064 0 (619) 679-9625 0 Fax (619) 748-1319 0 Lic. # 7029;
7 RiiiWs~ermm I,cmciif
Constructic
August 12,1995
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
ATTENTION: Kevin
RE; Reclaimed Water Pipeline Project
Dear Kevin:
Below please find the information per your request, this date, regarding
auto insurance and heavy equipment insurance on the above referenced
Western Pacific Construction does not own any vehicles or equipment
which will be used on the referenced project. We will be using rental
equipment.
Also, attached please find our Original General Liability Certificate.
If you have any further questions, please do not hesitate to contact myse
or Cindy Shepard, our Project Coordinator.
Si ncerelly ,
a project.
4%-4--
Me1 Chamberlain
Vice-president
0
Glcas
e I3587 Midland Rd. 0 Poway, CA 92064 e (619) 679-9625 0 Fax (619) 748-1319 0 Lic. # 70291
I
I CITY OF CARLSBAD
Purchasing Department
1200 Carlsbad Village Drive
Carlsbad, California 92008
REPRESENTATION AND CERTl FlCATl ON
I*
I The following representation and certification should be completed, signed and returned to City of Carlsbad .
REPRESENTATIONS: Mark all applicable blanks. This offeror Are you currently certified by Cattrans?
represents as part of this offer thad the ownership, operation and control
of the business, in accordance with the specific definitions listed below YES
Certifiation X:
CERTIFICATION OF BUSINESS REPRESENT Mark all applicable blanks. This offeror represe "k s as
that:
This firm isJis m3-a minority business.
This firm is- is not_. a womanowned business
WOMAN-OWNED BUSINESS A womanowned busii
of which at least 51 percent is owned, controlled ar
woman or women. Controlled k defined as exercis make @icy decisions. Operation is defined as actua
day-tday management.
FIRMS PRIMARY PRODUCTS OR SERVICE:
Is:
I
1 A ,- (Check appropriate Ethnic Business Type)
w
?AnS-rmP -r!O d as a business, at least 51 percent of whch is owned, operadd and
controlled by minority group members. or in the case of publicly owned businesses, at least 51 percent of which is owned. opersded and
controlled by minority group members. The Small Business Administration defines the socially and economically dlsedvantagd
(minorrties) as Black American, Hispanic American, Native Americans
(i.e. American Indian, Eskimos, Aleuts and Native Hwalians), and
Asian-Pacific Americans @e., U.S. Ckens whose orisins are from
Japan, China. the Philippines, V', Korea, Samoe. GtMfl~, the U.S.
Trust Terrrtories of the Pacific, Northern Marianas, Laos, Cambodia and
Tarwan).
CERTIFICATION:
The information furnished is certiii to be factual and correct as of the date submitted.
CONSTRUCTION CONTRACTOR:
ClASSIFICATION(S): &-
LICENSE NUMBER: 7 0 99 sh
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8 CoMPANY MM;3 07 CVI , UL.1)
53% - TAXPAYERS I.D. NO.:
TISCARX Nfidfi+'t+nI (
L4.9cZsrEfA ?QC!AC,C r nnGT-.
NAME
ADDRESS
mAy3L-4. PA cf QDdLf
lo/+ 794 e 3QD/l ' CITY, STATE AND Zlf
1 TELEPHONE
P 1' Represe
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OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION I.
This Escrow Agreement is made and entered into by and between the Carlsbad Munic
Water District whose address is 5950 El Camino Real, Carlsbad, California 921
hereinafter called "District" and
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the District, Contractor and Escrow Agent a
as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of Calif0
Contractor has the option to deposit securities with Escrow Agent as a subst
for retention earnings required to be withheld by District pursuant to
Construction Contract entered into between the District and Contractor for-
Construction of 12-Inch Reclaimed Water Mains
in the amount of
dated (hereinafter referred to as the "Contract"). Alternati
on written request of the Contractor, the District shall make payments of
retention earnings directly to the Escrow Agent. When Contractor deposib
securities as a substitute for Contract earnings, the Escrow Agent shall noti6
District within ten (10) days of the deposit. The market value of the securities a
time of the substitution shall be at least equal to the cash amount then require
be withheld as retention under the terms of the Contract between the District
Contractor. Securities shall be held in the name of Carlsbad Municipal K3
District and shall designate the Contractor as the beneficial owner.
The District shall make progress payments to the Contractor for such funds v
otherwise would be withheld from progress payments pursuant to the Cor
provisions, provided that the Escrow Agent holds securities in the form and an
specified above.
When the District makes payment of retentions earned directly to the Escrow A
the Escrow Agent shall hold them for the benefit of the Contractor until such
as the escrow created under this contract is terminated. The Contractor may c
the investment of the payments into securities. All terms and conditions o
agreement and the rights and responsibilities of the parties shall be equally appli
and binding when the District pays the Escrow Agent directly.
2.
3.
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Escrow Agreeml
Surety Depc
Lieu of Ref
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4. Contractor shall be responsible for paying all fees for the expenses incurrec
Escrow Agent in administering the Escrow Account and all expenses of the Dist
These expenses and payment terms shall be determined by the District, Contra
and Escrow Agent.
The interest earned on the securities or the money market accounts held in esc
and all interest earned on that interest shall be for the sole account of Contra
and shall be subject to withdrawal by Contractor at any time and from time to + without notice to the District.
Contractor shall have the right to withdraw all or any part of the principal in
Escrow Account only by written notice to Escrow Agent accompanied by wr
authorization from District to the Escrow Agent that District consents to
withdrawal of the amount sought to be withdrawn by Contractor.
The District shall have a right to draw upon the securities in the event of defau
the Contractor. Upon seven ('7) days written notice to the Escrow Agent fron
District of the default, the Escrow Agent shall immediately convert the securitic
cash and shall distribute the cash as instructed by the District.
Upon receipt of written notification from the District certibng that the Contrz
final and complete, and that the Contractor has complied with all requiremenh
procedures applicable to the Contract, Escrow Agent shall release to Contractc
securities and interest on deposit less escrow fees and charges of the Es
Account. The escrow shall be closed immediately upon disbursement of all mc
and securities on deposit and payments of fees and charges.
Escrow agent shall rely on the written notifications from the District and
Contractor pursuant to Sections (4) to (6), inclusive, of this agreement and
District and Contractor shall hold Escrow Agent harmless from Escrow Ag
release and disbursement of the securities and interest as set forth above.
5.
6.
7.
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9.
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1.. ... ... ... ... ... ... ...
Escrow Agreemc
Surety Dep
Lieu of Rei
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8 10. The names of the persons who are authorized to give written notice or to reo
written notice on behalf of the District and on behalf of Contractor in connec
with the foregoing, and exemplars of their respective signatures are as follows: I. On behalf of District:
8 Title Title
On behalf of Contractor:
Name Name 1
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1 Signature Signature
Address Address
On behalf of Escrow Agent: 8
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1. Name
1 Signature
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Escrow Agreemi
Surety Dep
Lieu of Re1
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At the time the Escrow Account is opened, the District and Contractor shall deliver to
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their prc
officers on the date first set forth above.
District: Contractor:
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Title Title
Name Name
Signature Signature
Address Address
Escrow Agreemc Surety Depc
Lieu of Ret I. 05lOlA
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RELEASE FORM
THIS FORM SHALL BE SUBMITTED PRIOR TO APPROVAL OF MONTE
PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECT DESCRIPTION: Construct 12-Inch Reclaimed Water Mains 8 PERIOD WORK PERFORMED:
RETENTION AMOUNT FOR THIS PERIOD: $
DISPUTED WORWCLAIMS
DESCRIPTION OF DISPUTED WORWCLAIM (ADD ATTACHMENT) /OR ESTIMATE)
Contractor further expressly waives and releases any claim Contractor may have, of what
type or nature, for the period specified which is not shown as disputed work/claim on
form. This release and waiver has been made voluntarily by Contractor without any fr
duress or undue influence by any person or entity. The Contractor is referred to Parag
4 of the Public Works Contract.
Contractor further certifies, warrants, and represents that all bills for labor, materials,
work due Subcontractors for the specified period will be paid according to Public Con
Code Section 20104.50 and Business and Professions Code Section 7108.5 and thal parties signing below on behalf of Contractor have express authority to execute this relc
DATED:
AMOUNT CLAIMED
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DESCRIBE ENTITY (Partnership, Corporation, c 1
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Title:
By: I Title:
Special Pro
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ADDITIONS AND AMENDMENTS
8 TO STANDARD SPECIFICATIONS
Special Pro
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SPECIAL, PROVISIONS
I. ADDITIONS AND AMENDMENTS TO
STANDARD SPECIFICATIONS I. FOR PUBLIC WORKS CONSTRUCTION
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1-1 TERMS I To Section 1-1, add:
A. Reference to Drawings
Where words "shown," Yndicated," "detailed," "noted," "scheduled," or words of sin
import are used, it shall be understood that reference is made to the plans accompan
these provisions, unless stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used, it
be understood that the direction, designation or selection of the Engineer is intended, u
stated otherwise. The word "required" and words of similar import shall be understoc:
mean "as required to properly complete the work as required and as approved bj
District Engineer," unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar in
are used, it shall be understood such words are followed by the expression "in the opi
of the Engineer," unless otherwise stated. Where the words "approved," "apprc
"acceptance," or words of similar import are used, it shall be understood that the appr
acceptance, or similar import of the District is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at her/his exp
shall perform all operations, labor, tools and equipment, and further, includinl
furnishing and installing of materials that are indicated, specified or required to meal
the Contractor, at herbis expense, shall furnish and install the work, complete in plaa
ready to use, including furnishing of necessary labor, materials, tools, equipment
transportation.
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8 1-2 DEFINITIONS
Modify Section 1-2 as follows:
Agency - the Carlsbad Municipal Water District, Carlsbad, California
Engineer - the District Engineer for the Carlsbad Municipal Water District or his appra
I.
representative.
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2-4 CONTRACT BONDS
Delete the third sentence of the first paragraph having to do with a surety being liste
the latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraph three and four to read:
The contractor shall provide a faithful performancehvarranty bond and payment bond (L
and materials bond) for this contract. The faithful performancehvarranty bond shall t
the amount of 100 percent of the contract price and the payment bond shall be in
amount of 50 percent of the contract price. Both bonds shall extend in full force and e
and be retained by the District during the course of this project until they are rele
according to the provisions of this section.
The faithful performancehvarranty bond will be reduced to 25 percent of original am
35 days after recordation of the Notice of Completion and will remain in full force
effect for the one year warranty period and until all warranty repairs are completed tc
satisfaction of the District engineer.
The payment bond shall be released six months plus 35 days after recordation of the N
of Completion if all claims have been paid. 8 Add the following:
All bonds are to be placed with a surety insurance carrier admitted and authorizc
transact the business of insurance in California and whose assets exceed their liabiliti
an amount equal to or in excess of the amount of the bond. The bonds are to contai
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attc
by laws, or other instrument entitling or authorizing the person who execute
bond to do so.
A certified copy of the certificate of authority of the insurer issued by the insu
commissioner. 2)
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0 If the bid is accepted, the District may require a financial statement of the assets i
liabilities of the insurer at the end of the quarter calendar year prior to 30 days D
preceding the date of execution of the bond. The financial statement shall be made by
officer's certificate as defined in Section 173 of the Corporations Code. In the case
foreign insurer, the financial statement may be verified by the oath of the principal off
or manager residing within the United States.
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I 2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Carlsbad Reclamation Rules and Rmlati
for Construction of Reclaimed Water Mains (October 1993) and the Stanr
Specifications for Public Works Construction, (SSPWC), 1994 Edition, and the 1;
supplement, hereinafter designated "SSPWC', as issued by the Southern California Cha
of the American Public Works Association, and as amended by the Special Provis
section of this contract.
The Construction Plans consist of X sheet(s) designated as Carlsbad Municipal W
District Drawing No. 94-302 . The standard drawings utilized for this project are
latest edition of the Carlsbad Reclamation Rules and Rmlations for Constructio
Reclaimed Water Mains (October 1993) and San Dieeo Regional Drawinw (SDRSD
issued by the San DiePo Countv Department of Public Works. . cc
of pertinent standard San Diego Reeional drawings are enclosed with these documen
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufactu
direction, the Contractor shall obtain and distribute the necessary copies of such instruc
including two (2) copies to the District.
Add the following subsection:
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8 2-5.4 Record Drawings: -
The Contractor shall provide and keep up-to-date a complete "as-built" record s
transparent sepias, which shall be corrected daily and show every change from the or
drawings and specifications and the exact "as-built" locations, sizes and kinds of equip]
underground piping, valves, and all other work not visible at surface grade. Prints fo
purpose may be obtained from the City at cost. This set of drawings shall be kept o
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job and shall be used only as a record set and shall be delivered to the Engineer u] I. completion of the work.
I 2-8 RIGHT-OF-WAY
Add the following:
Approved staging areas are as shown on the traffic control plans. Additional staging a
may be selected by the Contractor but will be subject to District approval, (No pen
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8 Additional staging areas may be placed in a pipeline easement or the Contractor may m
arrangements with an adjacent property owner for an appropriate site.
Staging area may not be placed in or impact a public parking facility, may not be grac
interfere with traffic, operation of a utility, impede drainage, or in anyway aj
environmentally sensitive habitats or endangered species.
Aside from arrangements made between the property owner and contractor, after work
been completed, the staging area shall be returned to its original condition inclul
necessary hydroseeding to replace removed or damaged vegetation.
While working in the Price Club Entrance at Palomar Airport Road, the Contractor
store pipes and other construction materials within the temporary staging area adjace
Palomar Airport Road. However, Price Club reserves the right at its discretion to
Contractor move and park vehicles or large construction equipment in the area on the
side of the Price Club building as designated on the plan as alternate staging area B dl
the hours of 9:oO a.m. to 9:OO p.m. Further, Contractor agrees to store equipment
vehicles in the temporary staging areas in a manner so as to permit free and unimp
access by delivery vehicles and trucks within these areas.
No separate payment will be made for a staging area.
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2-9 SURVEYING
To Section 2.9 Survey Service, add the following:
District Engineer will establish a system of surveyed horizontal control points at fiff
(50) foot stations throughout the project and at each angle point location.
Contractor shall establish all intermediate lines and grades through the use of appro] 8 equipment.
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' To Section 2-9.1 Permanent Survey Markers, add the following:
Where bench marks or other permanent markers must be disturbed or removed
constructing the Project, carefully preserve item until a reference has been made for
relocation, notify the District Engineer in sufficient time for item to be relocated with
causing delay in the Work, and pay all costs related to such relocation.
The Contractor shall pay double time for survey work that he requests to be done prio
7:OO a.m. or after 3:OO p.m. Monday through Friday, or on holidays or weekends.
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3-5 DISPUTED WORK
Add the following:
All claims by the Contractor for $375,000 or less shall be resolved in accordance with
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article
(commencing with Section 20101) which is set forth below:
Article 1.5. Resolution of Construction Claims
20104. (a) (1) This article applies to all public works claims of three hundred seventy.
thousand dollars ($375,000) or less which arise between a contractor and a local agen
(2) This article shall not apply to any claims resulting from a contract between a contr;
and a public agency when the public agency has elected to resolve any disputes pursua
Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil C
except that "public work" does not include any work or improvement contracted for b:
state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) time extension. payment of money or damages arising from work done by, or on behalf of, the contri
pursuant to the contract for a public work and payment of which in not otherwise expr
provided for or the claimant is not otherwise entitled to, or (C) an amount the payme
which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the pla
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2 For any claim subject to this article, the following requirements apply:
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(a) The claim shall be in writing and include the documents necessary to substantiate
claim. Claims must be file on or before the date of final payment. Nothing in *
subdivision is intended to extend the time limit or supersede notice requirements otherv
provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency s respond in writing to any written claim within 45 days of receipt of the claim, or 1
request, in writing, within 30 days of receipt of the claim, any additional documenta
supporting the claim or relating to defenses to the claim the local agency may have aga
the claimant.
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(2) If additional information is thereafter required, it shall be requested and provj pursuant to this subdivision, upon mutual agreement of the local agency and the claim
(3) The local agency’s written response to the claim, as further documented, shal submitted to the claimant within 15 days after receipt of the further documentation or w
a period of time no greater than that taken by the claimant in producing the additi
information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to t
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in wr
to all written claims within 60 days of receipt of the claim, or may request, in writing, w
30 day of receipt of the claim, any additional documentation supporting the claim or rel:
to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and pro\ pursuant to this subdivision, upon mutual agreement of the local agency and the clain
(3) The local agency’s written response to the claim, as further documented, sha submitted to the claimant within 30 days after receipt of the further documentatio
within a period of time no greater than that taken by the claimant in producinl
additional information or requested documentation, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in w
to all written claims within 60 days of receipt of the claim, or may request, in writing, v
30 days of receipt of the claim, any additional documentation supporting the claj
relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and pro pursuant to this subdivision, upon mutual agreement of the local agency and the clai.
(3) The local agency’s written response to the claim, as further documented, sh
submitted to the claimant within 30 days after receipt of the further documentatic
within a period of time no greater than that taken by the claimant in producir
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additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fail! respond within the time prescribed, the claimant may so noti@ the local agency, in writi
either within 15 days of receipt of the local agency’s response or within 15 days of the IC
agency’s failure to respond with the time prescribed, respectively, and demand an infor
conference to meet and confer for settlement of the issues in dispute. Upon a demand,
local agency shall schedule a meet and confer conference with 30 days for settlement of
dispute.
(e) Following the meet and confer conference, if the claim or any portion remain, dispute, the claimant may file a claim as provided in Chapter 1 (commencing with See
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title
the Government Code. For purposes of those provisions, the running of the period of 1
within which a claim must be filed shall be tolled from the time the claimant submits hi
her written claim pursuant to subdivision (a) until the time the claim is denied as a rt
of the meet and confer process, including any period of time utilized by the meet and co
process.
(f) This article does not apply to tort claims and nothing in this article is intended nor z
be construed to change the time periods for filing tort claims or actions specified by Chz
1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of P
of Division 3.6 of Title 1 of the Government Code.
20104.4 The following procedures are established for all civil actions filed to resolve cl
subject to this article.
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive plead
the court shall submit the matter to nonbinding mediation unless waived by m
stipulation of both parties. The mediation process shall provide for the selection with
days by both parties of a disinterested third person as mediator, shall be commenced ‘H
30 days of the submittal, and shall be concluded within 15 days from the commenceme
the mediation unless a time requirement is extended upon a good cause showing ti
court or by stipulation of both parties. If the parties fail to select a mediator within th
day period, any party may petition the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbiti
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the
of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discover
of 1986 (Article 3 [commencing with Section 20161 of Chapter 3 of Title 3 of Part 4 d
Code of Civil Procedure) shall apply to any proceeding brought under this subdil
consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, stipulation of the parties, arbit appointed for purposes of this article shall be experienced in construction law, and, stipulation of the parties, mediators and arbitrators shall be paid necessary and reasc
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paid equally by the parties, except in the case of arbitration where the arbitrator, for g(
cause, determines a different division. In no event shall these fees or expenses be paid
0 1 state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part -
the Code of Civil Procedure, any party who after receiving an arbitration award reques
trial of de novo but does not obtain a more favorable judgment shall, in addition to pap
of costs and fees under that chapter, pay the attorney’s fees of the other party arising
of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in mediation or arbitration process.
20104.6 (a) No local agency shall fail to pay money as to any portion of a claim whir
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the 1
rate on any arbitration award or judgment. The interest shall begin to accrue on the
the suit is filed in a court of law.
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4-1 MATERIALS AND WORKMANSHIP
To Section 4-1.1, General, add the following:
The contractor shall remove and replace any work not conforming to the plar
specifications upon written order by the Engineer. Any cost caused by reason oi
nonconforming work shall be borne by the Contractor.
To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed represent;
The Engineer shall have free access to any or all parts of work at any time. Conti
shall furnish Engineer with such information as may be necessary to keep herhim
informed regarding progress and manner of work and character of materials. Inspecti
work shall not relieve Contractor from any obligation to fulfill this Contract.
Modify Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of tc
materials and/or workmanship where the results of such tests meet or exceec
requirements indicated in the Standard Specifications and the Special Provisions. Th
of all other tests shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of the materials sh
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approved by him before the delivery is started. All materials proposed for use may
inspected or tested at any time during their preparation and use. If, after trial, it is foi
that sources of supply which have been approved do not furnish a uniform product, or if
product from any source proves unacceptable at any time, the Contractor shall furr
approved material from other approved sources. After improper storage, handling or
other reason shall be rejected.
AU backfill and subgrade shall be compacted in accordance with the notes on the plans
the SSPWC. Compaction tests may be made by the District and all costs for tests that IT
or exceed the requirements of the specifications shall be borne by the District.
Said tests may be made at any place along the work as deemed necessary by the Engin
The costs of any retests made necessary by noncompliance with the specifications shal
borne by the Contractor.
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5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, by a search of known rea
endeavored to locate and indicate on the Plans, all utilities which exist within the limi
the work. However, the accuracy of completeness of the utilities indicated on the Pla
not guaranteed.
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5-4 RELOCATION
Add the following:
The temporary or permanent relocation or alteration of utilities, including se
connections, desired by the Contractor for hisher own convenience shall be the Contra(
own responsibility, and he/she shall make all arrangements regarding such work at nc
to the District. If delays occur due to utilities relocations which were not shown o
Plans, it will be solely the District's option to extend the completion date.
In order to minimize delays to the Contractor caused by failure of others to relocate ut
which interfere with the construction, the Contractor, upon request to the District, m
permitted to temporarily omit the portion of work affected by the utility. The portio1
is omitted shall be constructed by the Contractor immediately following the relocati
the utility involved unless otherwise directed by the City.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
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1. Modify this section as follows:
A construction schedule is to be submitted by the Contractor in accordance with
following:
1. The prime contractor is required to prepare in advance and submit at
time of the project preconstruction meeting a detailed critical path met
(CPM) proper schedule. This schedule is subject to the review and apprc
of the City.
The schedule shall show a complete sequence of construction activi
identifylng work for the complete project in addition to work requi
separate stages, as well as any other logically grouped activities. The schec
shall indicate the early and late start, early and late finish, 50% and '
completion, and any other major construction milestones, materials
equipment manufacture and delivery, logic ties, float dates and duratioi
The prime contractor shall revise and resubmit for approval the schedu'
required by City when progress is not in compliance with the oril
schedule. The prime contractor shall submit revised project schedules
each and every application for monthly progress payment identiMng cha
since the previous version of the schedule.
The schedule shall indicate estimated percentage of completion for each
of work at each and every submission.
The failure of the prime contractor to submit, maintain, or revise
aforementioned schedule(s) shall enable City, at its sole election, to witk
up to 10% of the monthly progress payment otheMrise due and payable t
contractor until the schedule has been submitted by the prime contract0
approved by City as to completeness and conformance with
aforementioned provisions.
No changes shall be made to the construction schedule without prior w
approval of the Engineer. Any progress payments made after the schei
completion date shall not constitute a waiver of this paragraph 0:
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Coordination with the respective utility company for removal or relocati
conflicting utilities shall be requirements prior to commencement of wc
the Contractor.
Project phasing (order of work) is indicated on the traffic control plans
Contractor shall utilize this order of work when preparing the CMP Schl
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6. All work within the Price Club entrance and Palornar Airport Road pha (Bid Schedule "A") shall be accomplished within the first fourteen (14) d#
of the contract. The Contractor may construct bid Schedule "A" and
Schedule "B" work concurrently.
6-5 TERMINATION OF CONTRACT
I.
Add the following sentence to this section:
Grounds for termination of the contract by the District include failure of the Districi
Contractor to obtain necessary permits from other governmental agencies, or unreason:
delay caused by enforcement of laws and regulations by other public agencies, including
not limited to, enforcement of the Endangered Species Act and other similar laws. I
6-6 DELAYS AND EXTENSIONS OF TIME
To Section 6-6.3 Payment for Delays to Contractor, add the following sentence:
The District shall not be liable for delay caused by the enforcement of laws and regulat
by other public agencies, including but not limited to, enforcement of the Endangc
Species Act and other similar laws.
I 6-7 TIME OF COMPLETION
The Contractor shall begin work within ten (10) calendar days after receipt of the "N1
to Proceed" and shall diligently prosecute the work to completion within si* (60) cale
days after the date of the Notice to Proceed.
To Section 6-7, Time of Completion, add:
All Schedule "A" construction (work within Price Club Entrance and Palomar Airport R
shall be completed within fourteen (14) calendar days.
To Section 6-7.2, Working Day, add:
Hours of Work for Schedule "A" construction shall be Price Club 9:OO p.m. to 7:OO a.m
Palornar Airport road 900 p.m. to 500 a.m.
Hours of Work for Schedule "B" construction within Paseo Del Norte and Camino dc
Ondas shall be between the hours of 7:OO a.m. and 4:OO p.m., Monday through Friday.
Contractor shall obtain the approval of the Engineer if he/she desires to work outsid
hours stated herein.
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Contractor may work during Saturdays and holidays only with the written permission of
Engineer. This written permission must be obtained at least 48 hours prior to such wc
The Contractor shall pay the inspection costs of such work. 0 I
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6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completi
and any faulty work or materials discovered during the guarantee period shall be repai
or replaced by the Contractor, at his expense. Twenty-five percent of the fait
performancebvarranty bond shall be retained as a warranty bond for the one year warr
period.
6-9 LIQUIDATED DAMAGES
1 Modi@ this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $ 500.00
day for each day beyond the completion date as liquidated damages for the delay.
progress payments made after the specified completion date shall not constitute a waivc
this paragraph or of any damages.
7-3 LIABILITY INSURANCE I Add the following:
All insurance is to be placed with insurers that have rating in best's Key Rating Guic
at least A-:V and are admitted and authorized to conduct business in the state of Califi
and are listed in the official publication of the Department of Insurance of the Sta
California.
7-4 WORKERS' COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that are admitted and authorized to co
business in the State of California and are listed in the official publication o
Department of Insurance of the State of California.
Compensation Fund meet the requirement for workers' compensation insurance.
Policies issued by the
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7-5 PERMITS
@ Modify the first sentence to read:
The Agency shall obtain, at no cost to the Contractor, all encroachment, right-of-vi
grading, and building permits necessary to perform work for this contract on District i
City property, in street, highways (except State highway right-of-way), railways or oi
rights-of-way.
Add the following:
Contractor shall secure and pay for all County or State permits, fees and licenses neces,
for proper execution and completion of work as applicable at time of receipt of bids.
Contractor shall not begin work until all permits incidental to the work are obtained.
Contractor shall obtain approval for haul routes. Haul route approvals shall be issue
the City Engineer.
7-8 PROJECT SITE MAINTENANCE
The Price Club entrance staging area is provided through the generosity of PricecOr
Since the staging area and construction zone is within the main customer entrance i
debris developed during the construction process must be removed daily and the
maintained in a clean organized manner.
To Section 7-8, Add the following:
7-8.1, CleanuD and Dust Control
Cleanup and dust control shall be executed even on weekends and other non-working
at the District's request.
7.8.5 Temporary Light. Power, and Water
"he Contractor shall obtain a construction meter for water utilized during the constru
under this contract. The Contractor shall contact the Water District for requiren
phone (619) 438-2722 ext. 109. The Contractor shall include the cost of water and I
rental within appropriate items of the proposal. No separate payment will be made,
7.8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with mi
in good repair when in use on the project with special attention to City Noise C
Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48.
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7-10 PUBLIC CONVENIENCE AND SAFETY
0 Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the w
site and shall comply with all applicable provisions of Federal, State and Municipal sa,
laws and building codes to prevent accidents or injury to persons on, about, or adjacen
the premises where the work is being performed. He/she shall erect and properly main1
at all time, as required by the conditions and progress of the work, all necessary safeguz
for the protection of workers and public, and shall use danger signs warning against hazz
created by such features of construction as protruding nails, hoists, well holes, and fa1
materials.
7-13 LAWS TO BE OBSERVED I Add the following:
Municipal ordinances which affect this work include Chapter 11.06.Excavation and Grad
If this notice specifies locations or possible materials, such as borrow pits or gravel b
for use in the proposed construction project which would be subject to Section 1601
Section 1603 of the Fish and Game Code, such conditions or modifications establic
pursuant to Section 1601 of the Fish and Game Code shall become conditions 01
contract.
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8-1 FACILITIES FOR AGENCY PERSONNEL GENERAL
Add the following:
Field office facilities shd be Class NIA field office.
9-3 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the secund sentence of the third paragraph having to do with reductions in an I of retention.
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TECHNICAL SPECIFICATIONS
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TECHNICAL SPECIFICATIONS
SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR
CARLSBAD MUNICIPAL WATER DISTRICT
FOR CONSTRUCTION METHODS & MATERIALS
1.
1. CARLSBAD RECLAMATION RULES AND REGULATIONS
NOTE TO CONTRACTOR: The work performed under this Contract shall be d
in accordance with the Carlsbad Municipal Water District's CARLSB
RECLAMATION RULES & REGULATIONS for Construction of Reclaii
Water Mains [October 19931, except as modified herein:
PART I1 - PUBLIC WATER SYSTEM
SUPPLEMENTAL STANDARD SPECIFICATIONS
SECTION A DESCRIPTIONS OF PIPE (PG. 32)
ADD: To Subsection A-1
Reclaimed Water Pipe shall be purple in color, and shall be marked on opp'
sides to read "Caution Reclaimed Water - Do Not Drink" in intervals not to ex1
five feet. The height of the print for 2-inch through 12-inch diameter pipe is 3!-1 8 SECTION D MISCELLANEOUS
DELETE: Subparagraph comDaction (Pg. 50) of Subsection D-9 Earthwork
Compaction: All backfill shall be compacted throughout by tamping or water sel
to a minimum relative compaction of 90 percent (90%) or to the density require
the agency in whose right-of-way the work is located, whichever is more restri<
ADD: Subparagraph Backfill and Compaction.
All backfill shall be compacted to 95 percent (95%) of the laboratory star
maximum soil dry density for the materials being compacted. If native ba
cannot meet compaction requirements, the Contractor shall obtain a suitable ba
material. Unsuitable backfill material shall be removed from the site and disl
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of offsite by the Contractor at his own expense at a legally approved disposal si
2. RESTORING FACILITIES
Except where otherwise specified, all streets and highway surface improvemc
excavated or damaged by the Contractor shall be stored by him in accordance \
the regulations and specifications of, and subject to the inspection of, the pu
authority having jurisdiction in each case.
SAFEGUARDING EXCAVATIONS AND PROTECTING PROPERTY
Excavations shall be shored and braced that they will be safe and so that the grc
alongside the excavations will not slide or settle, so that all existing improvemen
any kind, on either public or private property, will be fully protected from dam
The trench shoring system for vertical-side trenches shall conform to that show
Article 6, Section 1541 of the Construction Safety Orders of the California Divi
of Industrial Safety. Prior to the excavation of any vertical trench under the cont
the Contractor shall submit to the District for review his detailed plan, prepare
a Registered Civil or Structural Engineer, showing the design of shoring and br;
intended for use under the Contract.
4. DISPOSAL OF EXCAVATED MATERIALS
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No excavated materials shall be stored in any street or highway without
permission of the public authority having jurisdiction thereof, and such storage, w
permitted, shall conform to the regulations of said public authority. The Contr
shall submit to the District, in writing, a letter stating the conditions set forth b
authority for the use of the area. All materials removed from the excavatio
excess of that stored temporarily, as above specified, shall be immediately hi
away and legally disposed of by the Contractor. 1
5. PAVEMENT REPLACEMENT
5.1 General:
The work to be done consists of furnishing all labor, equipment and mal
and performing all operations necessary to resurface all trenching as rec
herein.
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5.2 Products:
A. As~halt Concrete Type 1-C2-AR-4000 conforming to Section 2C
of the Standard Specifications (Green Book)
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B. Seal Coat SS-1H Emulsified Asphalt.
C. A- Class I1 per Cal-Trans Section 26.1.02 Page 2
1988 Edition. 8 5.3 Execution:
Saw-cut and remove existing roadway approximately six inches wider 1
trench on each side. In all respects, this work shall conform to Section 3r
of the Standard Specifications.
Asphalt concrete shall conform to Section 203-6 of the Standard Specificat
(Green Book). Asphalt concrete shall be placed per Section 302-5 of
Standard Specifications (Green Book). A tack coat shall be applied ti
existing surfaces to be covered or paved. A seal coat shall be applied t<
finished pavement at 72 hours after completion a rate of 0.10 gallons
square yard.
Disposal of concrete and asphalt concrete pavement shall be the
responsibility of the Contractor. Replacement shall conform to tr
sections on Sheet 2 of plans and San Diego Regional Standard Drawings
G-24, Ty~e A.
5.4 Pavment:
All material and work specified in this section shall be paid for on a 1
foot basis as indicated in the bid schedule. I 6. SLURRY SEAL
6.1 General:
The work to be done consists of furnishing all labor, materials,
equipment and incidentals necessary for the complete application of T
Slurry Seal on the streets as indicated on the location listing and as spe
herein.
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8 Ductility 77 F,, CMS 40 min. I
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6.2 Products:
The asphalt emulsion shall be of the cationic, quick-set type, similar to QSE
using a paving asphalt with a penetration in the range of 64 to 70 as a b;
It shall meet the following specifications when tested according to appropr
ASTM methods:
Emulsion E Furol Viscosity at 77 F sec 200-100 D
Residue from distillation; % by weight 47 min. c
Sieve Test (% retained on No. 20) 10 ax. c
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Mixing test (job) sec. at 70F 30 min.
Particle charge test Positive
Storage stability; one day settlement 1% max.
Residue
Penetration 40-100 I
Solubility in carbon tet. % 96.5 min.
The Contractor shall furnish a certified statement from the manufacturc
the emulsion giving the analysis of the percentage of base asphalt used '
manufacture.
Water used with the slurry seal shall be from any domestic supply appr
by the Engineer. The Contractor shall obtain a construction meter for v
utilized during the construction under this contract. The Contractor
contact the appropriate water agency for permission and the requirem
The Contractor shall include cost of water and meter rental withir
appropriate private items of the proposal. No separate payment will be II
The mineral aggregate shall be 100% crushed rock of angular, sound, dui
hard resistant to abrasion and free from laminations, weak cleavage!
undesirable weathering. It shall be of such character that it wil
disintegrate from the action of air, water of the conditions to be m
handling and placing and having a specific gravity of no less that 2.6(
material shall be clean and free from deleterious impurities, including i!
earth, clay and refuse. It shall have a minimum sand equivalent of 55
tested according to ASTM tested Method 2419. 1
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Percentage composition of weight of the aggregate shall conform with
following gradation prior to addition of any mineral fillers such as cemenl
lime. 8 Sieve Size Percent Passing
Type2
3/8 100
4 90- 100
8 65-95
16 45-75
30 30-50
50 18-30
100 10-21
200 5-15
Before delivery of materials, certified copies of certified laboratory
reports of all tests required in these specifications shall be submitted to
approved by the Engineer. Certified test reports are required for wet
abrasion test in accordance with the State of California, Departmer
Transportation Division of Highways Test No. 355B.
Samples of materials to be used on the job shall be used to determine job
and shall be available at the request of the Engineer in sufficient quanr
to produce not less than 30 pounds of emulsified asphalt slurry mixture
A job mix formula shall be submitted to and approved by the Engineer (
representative upon request. The formula shall indicate the Wet 7
Abrasion resistance. Trial mixes shall be prepared to determine proporl
evaluate measured wear and to observe surface texture, tackiness anc
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The emulsified Asphalt Slurry Mixture shall have the following characterj
A. Resistance to Abrasion. Allowable wear of cured slurry mix as I
in accordance With the Wet Track Abrasion test shall not excee
The cured slurry being tested shall not pick up on the roller c
apparatus.
Fluidity. The mixture shall be sufficiently free-flowing to fill crat
the pavement.
B.
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C. Non-Senreeation. The mixture shall not segregate during or after
down.
6.3 Execution:
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Mixing shall be performed by a continuous flow mixing machine. Mixing s
continue until all particles are uniformly saturated and coated with aspb
Evidence of solidification of the asphalt, balling or lumping of the aggrega
or the presence of uncoated aggregates, shall be cause for rejection of
mixture. The aggregate shall be approximately atmospheric temperature
shall not have a moisture content in excess of five percent (5%) by weit
Mixture shall be on the "continuous flow" mixing type with calibrated conti
capable of accurately delivering a predetermined proportion of aggreg
water and asphalt emulsion to the mixing chamber and to discharge
thoroughly-mixed product on a continuous basis. The aggregate shall be
wet immediately prior to mixing with the emulsion. The mixing unit of
mixing chamber shall be capable of thoroughly blending all ingredi
without violent agitation. It shall be equipped with a pressure water sy!
and fog-type spray bar adequate for complete fogging of the SUI
immediately preceding the spreading of the slurry. It shall have suffic
storage capacity to properly mix minimum of twelve (12) tons of slurry.
emulsion storage tank of the mixing machine shall also be equipped w
convenient device, calibrated in ten (10) gallon increments, to measure
quantity of emulsion actually used with each mixer load of slurry. Dei
used for metering and blending additives must be approved the Engine(
his representative. If sulphate of ammonia is used as the retarding age
shall be introduced in liquid form.
No application of slurry shall occur until all deep patching, skin patc
crack sealing or other preliminary pavement repairs have been compl
The surface of the pavement shall be thoroughly cleaned and swept b
Contractor no more than 24 hours prior to the application of slurry seal.
application of slurry shall be scheduled to commence after 9:00 p.m. and
be complete prior to 2:OO a.m.
No slurry shall be applied when the weather forecast indicates a probi
of rainfall or when the air and pavement temperatures are not higher
fifty degrees (50") and falling. Slurry may be applied when both ai
pavement temperatures are fifty degrees (50") and rising.
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The surface of the pavement shall be fogged with water directly preceding 1
application of the slurry. The slurry mixture shall be of the desigr
consistency when deposited on the surface and no additional elements sf
be added. Total mixing time shall not exceed forty (40) minutes. A suffici
amount of slurry shall be carried in all parts of the spreader at all times
that complete coverage is obtained. No rippling, lumping, balling or unmi
aggregate shall be permitted; or shall segregation of the emulsion i
aggregate fines from the course aggregate be permitted. If the cot
aggregate settles to the bottom of the mix, the slurry shall be removed fi
the pavement. No excessive breaking of the emulsion in the spreader box
be allowed. No streaks such as caused by oversized aggregate will be lef
the finished pavement. No additional water shall be added after mate
leaves pug mill.
The slurry seal shall be applied at a rate which shall provide an averag
1,500 square feet of coverage per ton with a minimum rate of 1,400 sqi
feet per ton and a maximum rate of 1,600 square feet per ton. The ratl
application for each pass shall average twelve (12) pounds per square J
with a minimum rate of ten (10) pounds per square yard and a maximum
of thirteen (13) pounds per square yard. The amount of sluny actually pli
on the pavement shall not vary more than 10% from the theoretic ton]
calculated for the pavement.
No excessive build-up causing unsightly appearance shall be permittec
longitudinal or traverse joints. Unless otherwise approved, the overlap ai
joints will not exceed two inches (2”) and shall be feathered; no payment
be made for excessive unapproved overlaps. Any slurry on joints beh
asphalt pavement and concrete pavement, excessive slop-over onto
concrete, and any unsightly and objectional excess shall be immedi
removed. At street intersections, at the beginning and end of work segm
the slurry is to be neatly spread or trimmed to a straight line defined @
near curb lines of the street adjacent to the work.
Approved squeegees or lutes shall be used to spread slurry in i
inaccessible to the machine. Care shall be exercised to ensure the maxi
rate of application with no excess, and leaving no unsightly appear
Texture of slurry spread by hand shall match that which was applie
machine. Contractor shall be responsible for the removal of all e
emulsion spread beyond slurry limits; on driveways, sidewalks, etc.
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Attached to the mixing machine shall be a mechanical type squee
distributor. It shall be equipped with a flexible material which shall be
contact with the surface of the roadway to prevent loss’of slurry. It shall
adjustable to assure a uniform spread on varying grades and crowns. It SI
be steerable, adjustable in width, and have a flexible strike-off. The box
any of its parts, shall cause grooving of the slurry. It shall be kept clean
build-up of material on the spreader will not be permitted. The type of d
linen or other textile, must be approved by the Engineer prior to the star
work and it shall be cleaned or changed as frequently as needed or whei
directed by the Engineer.
All metal manhole and water valve covers shall receive a heavy coating
parting agent such as diesel oil, prior to slurry seal application. After
slurry seal has been applied and cured, the Contractor shall remove all SI
seal material attached to manhole and water valve covers.
The finished surface of the slurry seal shall be at least as smooth as
original pavement surface. Any corrugations on the surface crei
vibrations noticeable by passengers in an automobile driving over the SI
sealed surface at legal speeds will result in rejection of the slurry
construction.
Any slurry seal application that has been rejected shall be removed by
planning to the original pavement. A new slurry seal application shall
be placed on the pavement. Any placement of slurry seal rejected sha
removed and replaced and the cost borne by the Contractor. I
6.4 Pavment:
Slurry seal will be paid for at the contract unit price per square foot as SI
in the bid proposal. Such price shall constitute full compensatioi
furnishing and placing of materials required to complete the slurry se
operation including the preparation of surface, labor, equipment, tool,
incidentals needed to complete the work.
7. REPLACE TRAFFIC AND PARKING LOT STRIPING, AND TRAFFIC MARB
7.1 General:
The work to be done consists of replacing all damaged traffic and parki
Technical Specif
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striping and traffic markers.
7.2 Products: I.
1 Thermoplastic shall not be used.
7.3 Execution.
All work shall be in conformance with Section 84 "Traffic Stripes
Pavement Markings" and Section 85 "Pavement Markers" of the Statc
California, Department of Transportation, Standard Specifications, la
edition.
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I All material and work specified in this section shall be paid for on a lump
basis as indicated in the Bid Schedule.
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APPENDIX "A"
SUPPLEMENTAL STANDARD DRAWINGS
COSTA REAL MUNICIPAL WATER DISTRICT
16 DETAIL OF BU" STRAP
SAN DIEGO REGIONAL STANDARD DRAWINGS
6-12.1 CROSS GUTTER
6-24.1 TRENCH RESURFACING TYPES A & B
Appendh
Standard Drav 8. 0611
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5Tl. PLUG OR VUSU FOR AIR RELEAS€ x>oc, Le. 5'
w 4LOW OFF' COATING PER SPEC1 FICATIONS
SECTION A-A
ENLAQGEO VIEW
NOTE : VU1 TWICKNES' SAME A5 W MA1 N W IT1 IMUM' TCllC OF 3/16".
NOTE:
I.WUERE PIPE SIZE IS 14°C EATER, TWO PCUGS SUI 4 E USET7. EXCEPTION'UNL TO BE US€V FOt7 AIR RELl OR BLOW OFF.
SUlPPED IN VALVES AND WELVED IN FIELV.
2. BUTT STRAP SMALL RE
COSTA REAL MUNICIPAL WATER DISTRII OAT€
JAN. DETAIL OF
BUTT STRAP
REVISION APPR DATE
3 ' PREPARE0 8Y*
\ C.R.M.W D..
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rpanw pours u8 mado
PLAN
1U' unlm ochsm~o
8aro material I shown on plans
SECTION A-A
NOTES:
1. Canarm shall k 560-C-3250. 2 ----------- Wulunod pbrn pints 3, - - *Typid flowlines.
4. 0 =Ekntiom to be show on plank 5. Roturn Irpmrna to bo 5%" thick.
LEGEND ON PLANS
!&dl
W&&Ld Cfz /m
L4nmr aci sml 3 CROSS GUTTER
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TYPE A NPE 8
NOTES 1. Gnb'n9 AC. shall br cut and nmovrd in such a manner so P not to tear, bulqa or
dblaa adpmnt pmmt Edpa 3ril br clnn and nnid. All cut) lhrU c1 panllrl or pllpmdicubr to met mnutinr, Am pmcrl.
b.n wand 2 &P nUdM1 to & nphd 10 d80th ot tXMn9 W. AC. may ba mbtituad for
3. A tack coat of asphaltic tmuloon or pm'np asphalt shd k appliid to txatiq AX.
4. Atphrlec Conarm fk~rtranq:
3r all conact rumca. prior 10 mrtrcuu).
4 Minimum m61 rhitlrnra thJl br OM Inch Far thr, uLbng XC. b) AC. dull bo ha? plmt mix.
:)fin& eoumt for Typr 6 raurfrdng shall br lad down u~n9 a rpreidrr box. 5. All AC. rtnrrfw~ftg Wl k ral eormd mrh an rmulofied asphalt nd cmnd
mrh md. chip dinq dd k applitd s ~quiftd by *cy. & Tvpr 8 not to k ud on lmd uoouwc 7. Sloughing of trmch ndrr mmnt shall bo OUSI for rtquinq addiooml pmmrnt and baa.
IWORAL wcowtnoso SbROAlol IT rw COlUml .u OICGO SAN DIEGO REGIONAL STANOARO DRAWING
WUPa &./m
a- @Cl .9* 0- TRENCH RESURFACING TYPES A & 8
i