The URL can be used to link to this page

Home My WebLink AboutCass Construction Inc; 2004-11-03; 34461 Part 1 of 2r Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2006-0427696 JUN16, 2006 9:26 AM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE G Fi E G 0 RY J S MIT H. CO IJ N TY R E CO R D E R FEES: 0.00 PAGES: 1 Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on February 3, 2006. 6. The name of the contractor for such work of improvement is Cass Construction, Inc. 7. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the El Camino Real Domestic Water and Recycled Water Transmission Mains, Project Nos. 3446 and 3887-H. CITY OF CARLSBAD GLENN PRUIM Deputy Public Works Director VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Water Municipal District, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. The Board of Directors of said District on w**jt~s /3 2006, accepted the above described work as completed and ordered that a N«$6^ of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on Ap+xs^1 /"T- , 2006, at Carlsbad, California. 1^ CARLSBAD MUNICIPAL WATER DISTRICT Zii;E .. . CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 5 ~ PROJECT: 3446-1, 3887-1~ EL CAMINO REAL AND CASSIA ROAD DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS Date Routed: Reason for change: To: City Engineer Engineering lnsp~ Finance Directo~ City Manager/Mayor Engineering Inspection Item 1: The Project Plans identify a proposed connection point (POC) @ Sta. 160+80 from the temporary high-line to the existing 12" recycled water line but upon excavation discovered the condition of the existing 12" recycled water lateral had deteriorated. The lateral had been previously disconnected from the existing 12" recycled water line but not indicated as such on the as-built drawing. Item 2: The Project Plans do not provide for water service to the temporary recycled water pump station on El Camino Real @ Camino Vida Roble. Item 3: The Project Plans do not provide for adjustment of existing water valve boxes to finish surface. Item 4: Although the Contract references the requirement of submitting a detailed schedule listing sequence and duration of the proposed connections, the actual duration of virtually every connection took longer than anticipated due to a myriad of reasons, essentially limiting the Contractor to one connection a week. These impacts to the Contractor's schedule were not anticipated prior to bid. Project: 3446-1, 3887-1 H, EL Camino Real and Cassia Road Domestic and Recycled Water Transmission Mains Change Order No. 5 COST ACCOUNTING: Original contract amount ................................................................ $3,392,703.00 Total amount this c/o ..................................................................... $ 19,129.42 Total amount of previous c/o's ........................................................ $ 433,977.52 Total c/o's to date ........................................................................... $ 453,106.94 New Contract Amount .................................................................... $3,845,809.94 Total c/o's as % of original contract ........................................................... 13.35 % Contingency monies encumbered ............................................ $ 276,000.00 Contingency increase or decrease .................................................. $ 324,433.00 Contingency Subtotal ...................................................................... $ 600,433.00 Total c/o's to date ............................................................................ $ 453,106.94 Contingency Balance ....................................................................... $ 147,326.06 ' •• 11 CITY OF CARLSBAD PROJECT: 3446-1, 3887-1 H, EL CAMINO REAL AND CASSIA ROAD DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS CONTRACT CHANGE ORDER NO. 5 CONTRACT NO. 3446-1, 3887-1 H ACCOUNT NO. 50570009060/34469066; 50270009060/38879066 CONTRACTOR: Cass Construction, Inc 100 Wagner Drive El Cajon, Ca 92020-3047 P.O. NO. 114835 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-2.2.3 Agreed Prices, SSPWC 2003, and the Provisions of this Contract, perform the following: Item 1: Provide and set up the necessary traffic control to facilitate the installation of a 6" ductile iron gate valve (RW) and the necessary 6" ductile iron pipe and fittings to complete a 6" connection from the existing 12" recycled water line to the temporary high line, price to include removal and replacement of the existing median curb and stamped concrete median for the lump sum price of $14,856.42. Increase to contract cost. ..................................................... $ 14,856.42 Item 2: Provide and set up the necessary traffic control to facilitate the installation of a 1" water service including the wet tap to the 6" steel water main at Station 23+35 and connect to the existing meters for the lump sum price of$ 2,598.96. Increase to contract cost. ....................................................... $ 2,598.96 Item 3: Provide and set up necessary traffic control to locate and adjust to finish surface the valve boxes on an existing valve cluster and blow-off assembly per CMWD Standard Drawing. No. W13 and W6 respectively for the lump sum price of $1,647.04. Increase to contract cost. ........................................................ $ 1,674.04 •• Project: 3446-1, 3887-1 H, El Camino Real and Cassia Road Domestic and Recycled Water Transmission Mains Change Order No 5 Item 4: Extend Contract by 15 working days. Increase to contract cost. .............................................................. $ 0.00 TOTAL INCREASE TO CONTRACT COST ............................................. $19, 129.42 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 15 WORKING DAYS. RECOMMENDED BY: ~ 4/10/o?, CONSTRUCTION MANAGER(DATE) ENGINEER ~a FINANCE DIRECTOR DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR DEPUTY CITY ENGINEER, DESIGN (DATE) (DATE) APPROVED BY: ~-~ ITMA~GER/MAYOR bl°'3 (DATE) • CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 4 Project: 3446-1/3887-1H, EL CAMINO REAL AND CASSIA ROAD DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS Date Routed: Reason for change: City Engineer Engineering lnsp~n Finance Director~ City Manager/Mayor Engineering Inspection Item 1: During trench excavation, encountered unidentified, abandoned concrete encased utility conduits. Item 2: During trench excavation, encountered farming debris that required removal and disposal and replacement with suitable materials. COST ACCOUNTING: Original contract amount ................................................................ $3,392,703.00 Total amount this c/o .......................................................................... $39,000.00 Total amount of previous c/o's ........................................................... $394,977.52 Total c/o's to date .............................................................................. $433,977.52 New Contract Amount .................................................................... $3,826,680.52 Total c/o's as% of original contract ............................................................ 12.67% Contingency monies encumbered ...................................................... $276,000.00 Contingency increase or decrease ..................................................... $324,433.00 Contingency Subtotal ......................................................................... $600,433.00 Total c/o's to date ............................................................................... $433,977.52 Contingency Balance .......................................................................... $166,455.48 CITY OF CARLSBAD PROJECT: 3446-1/3887-1 H, EL CAMINO REAL AND CASSIA ROAD DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS CONTRACT CHANGE ORDER NO. 4 CONTRACT NO. 3446-1/3887-1 H ACCOUNT NO. 50570009060/34469066: 50270009060/38870966 CONTRACTOR: Cass Construction, Inc 1100 Wagner Drive El Cajon, Ca 92020-3047 P.O. NO.P114835 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Section 3-3 Extra Work, SSPWC 2000, and the Provisions of this Contract, perform the following: Item 1: Provide traffic control as necessary, remove and dispose of the interfering concrete and conduits. Estimated increase to contract cost. .................................................. $4,000.00 Item 2: Provide traffic control as necessary, remove and dispose of the unsuitable materials from Station 82+ 79 to Station 83+59 Cassia Road and replace with suitable material. Estimated increase to contract cost. ................................................. $35,000.00 TOTAL ESTIMATED INCREASE TO CONTRACT COST ................................ $39,000.00 Page 2 Project: 3446-1/3887-1 H, El Camino Real and Cassia Road Domestic and Recycled Water Transmission Mains Change Order No. 4 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 10 DA VS. RECOMMENDED BY: ~ z(ufob CONSTRUCTION MANAGER (DATE) c~,I,,, 4 zlz1'-6 DEPUTYCIY ENGINEER (DATE) d& CITY ENGINEER ,~ FINANCE DIRECTOR DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR DEPUTY CITY ENGINEER, DESIGN ~' (DA E) APPROVED BY: /~~-..,. (,C(jNTRACTOR ~~~~ TYMANAGER/ MAYOR (DATE) CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 3 PROJECT: 3446-1/3887-1 H, EL CAMINO REAL AND CASSIA ROAD DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS Date Routed: Reason for change: City Engineer Engineering lnspe~ Finance Director ~ City Manager/Mayor Engineering Inspection Item 1: Engineering staff has requested that the north and southbound lanes of El Camino Real between PAR and Cassia Lane be repaired in preparation of the asphalt over-lay project scheduled for next year. COST ACCOUNTING: Original contract amount ............................................................... $ 3,392,703.00 Total amount this c/o ....................................................................... $ 313,546.38 Total amount of previous c/o's ............................................................. $77,184.32 Total c/o's to date .............................................................................. $390,740.70 New Contract Amount .................................................................... $3,783,443.37 Total c/o's as % of original contract. .............................................. 11.52 % Contingency monies encumbered ...................................................... $276,000.00 Contingency increase or decrease ..................................................... $333,281.00 Contingency Subtotal ......................................................................... $609,281.00 Total c/o's to date ............................................................................... $390,740.70 Contingency Balance .......................................................................... $218,540.30 CITY OF CARLSBAD PROJECT: 3446-1/3887-1 H, EL CAMINO REAL AND CASSIA ROAD DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS CONTRACT CHANGE ORDER NO. 3 CONTRACT NO. 3446-1/3887-1H P.O. NO. P114835 ACCOUNT NO. 50570009060/34469066; 50270009060/38879066 CONTRACTOR: Cass Construction, Inc 1100 Wagner Drive El Cajon, CA 92020-3047 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-2.2.3 Agreed Prices, SSPWC 2003, and the Provisions of this Contract, perform the following: Item 1: Provide traffic control as necessary to accomplish a 3" x 146,517 SF grind and C2-AR-4000 asphalt mix overlay of the north and southbound lanes of El Camino Real between Palomar Airport Road and Cassia Road at $2.14 per square foot for a lump sum price of $313,546.00. The price includes disposal of asphalt and other materials generated by the 3" grind. Increase to contract cost. ............................................................. $313,546.38 TOTAL INCREASE TO CONTRACT COST ............................................. $313,546.38 ' . Page 2 Project: 3446-1 /3887-1 H, El Camino Real and Cassia Road Domestic and Recycled Water Transmission Mains Change Order No. 3 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 20 DAYS. RECOMMENDED BY: ~ ta/21/of CONSTRUCTION MANAGER (DATE) ell~"' 1olz~k DEPUTY CITY ENGINEER (DATE) d,/:;/ ~} <'./~ )~ CITY ENGINEER ~!&~ FINANCE DIRECTOR DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR DEPUTY CITY ENGINEER, DESIGN ///ft') (DATE) APPROVED BY: c:fucTOR /~IC //'//::!~S~J ~~ER/MAYOR (DATE) CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 2 PROJECT: 3446-1/3887-1H, EL CAMINO REAL AND CASSIA ROAD DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS Date Routed: ll/')ID5' E IZ/lt,/01' Reason for change: City Engineer Engineering Inspection Finance Director City Manager/Mayor Engineering Inspection Item 1: The Project Engineer and Water Operations has requested the substitution of the pipe material specified by the Contract for Schedule "A" Bid Item A-11 and extending the 14" water line, as depicted in Connection Detail 1 Plan Sheet C- 8, an additional 340 LF to replace an existing deteriorating water line. Item 2: Referencing Item 1 above, delete Bid Item A-11 from the Contract. The deletion is necessary because the pipe material substitution has changed the scope of work and created a cost differential in completing the work as described in the original bid item. Item 3: Referencing Item 2 above, add new Bid Item A-11a. The new bid Item shall encompass all construction necessary to complete the connection as described in Bid Item A-11, less the cost differential of the pipe materials as specified in the original bid item and the cost of the pipe materials as specified by the Engineer in the new bid item. Project: 3446-1/3887-1 H, El Camino Real and Cassia Road Domestic and Recycled Water Transmission Mains Change Order No. 2 COST ACCOUNTING: Original contract amount ............................................................... $ 3,392,703.00 Total amount this c/o ......................................................................... $ 52,662.83 Total amount of previous c/o's ............................................................ $28,768.31 Total c/o's to date ................................................................................ $81,431.14 New Contract Amount ................................................................... $3,474,134.14 Total c/o's as% of original contract. ...................................................... 2.4% Contingency monies encumbered .............................................. $276,000.00 Contingency increase or decrease ................................................................ $0.00 Contingency Subtotal ......................................................................... $276,000.00 Total c/o's to date ................................................................................. $81,431.14 Contingency Balance .......................................................................... $194,568.86 .. CITY OF CARLSBAD PROJECT: 3446-1/3887-1 H, EL CAMINO REAL AND CASSIA ROAD DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS CONTRACT CHANGE ORDER NO. 2 CONTRACT NO. 3446-1/3887-1H P.O. NO. P114835 ACCOUNT NO. 50570009060/344619066; 50270009060/388719066 CONTRACTOR: Cass Construction, Inc 1100 Wagner Drive El Cajon, Ca 92020-3047 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-2.2.3 Agreed Prices, SSPWC 2003, and the Provisions of this Contract, perform the following: Item 1: Install+/-340 LF of 14" Class 150 PVC pipe starting @ CL Station 259+80 and culminating at the existing valve, 15 LF of 6" Class 150 PVC pipe, one (1) 14" x 14" x 6" PJ x PJ x FL Tee, one (1) 6" FL x PJ gate valve, two (2) fourteen-inch (14") 45° bends, and one (1) PJ x FL adapter for the connection to the existing valve, for the lump sum price of$ 57,009.65. Increase to contract cost. ......................................................... $57,009.65 Item 2: Delete Schedule "A" Bid Item A-11. Decrease to contract cost. ..................................................... ($93,100.00) Item 3: Add Bid Item A-11a; Construct the connection to the existing 16", 14" and 6" diameter distribution lines at Station 80+09 at the intersection of El Camino Real and Cassia Road for the lump sum price of $88,753.18. The decrease in price includes the cost differential in specified pipe materials. Increase to contract cost. ........................................................ $88,753.18 TOTAL INCREASE TO CONTRACT COST ............................................ $52,662.83 • Page 3 Project: 3446-1/3887-1 H, El Camino Real and Cassia Road Domestic and Recycled Water Transmission Mains Change Order No. 2 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: ~ K/2?>/os CONSTRUCTION MANAGER (DATE) C.Ja,....,~ &h.,fes DEPUTY CITY ENGINEER (DATE) AL ~ //f>?I·• CITY ENGINEER (DATE) ~~ J~P/os- FINANCE DIRECTOR DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR DEPUTY CITY ENGINEER, DESIGN (DATE) APPROVED BY: ~=-~ CITY MANAGER/ MAYOR (DATE) CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 1 PROJECT: 3446-1/3887-1H, EL CAMINO REAL AND CASSIA ROAD DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS Date Routed: g/'!)/0~ 8/,/0~ 8/24/a,; SEP 1 2 2005 9/1Z/o5 Reason for change: City Engineer Engineering lnspe~n Finance Director ~ City Manager/Mayor Engineering Inspection Item 1: The Project Engineer requested installation of a tee and valve for connection to future pump station. Item 2: The Project Plans incorrectly depicted an existing 30" inch flange for proposed connection at this location. Item 3: Due to elevation conflicts with existing gas and fuel lines, the water line elevation had to be raised, leaving the pipe with inadequate cover. Item 4: During trench excavation, concrete slurry was encountered. Item 5: Due to the existing deteriorated road conditions, emergency road repairs were required. Item 6: Conflict with an existing improvement required realignment of the proposed water line. ' . Project: 3446-1/3887-1 H, El Camino Real and Cassia Road Domestic and Recycled Water Transmission Mains Change Order No. 1 COST ACCOUNTING: Original contract amount ............................................................... $ 3,392,703.00 Total amount this c/o ......................................................................... $ 28,768.31 Total amount of previous c/o's ..................................................................... $ 0.00 Total c/o's to date ............................................................................... $ 28,768.31 New Contract Amount ................................................................... $ 3,421,471.31 Total c/o's as% of original contract.. .......................................................... 0.848% Contingency monies encumbered ...................................................... $276,000.00 Contingency increase or decrease ................................................................ $0.00 Contingency Subtotal ........................................................................... $276,00.00 Total c/o's to date ................................................................................. $28,768.31 Contingency Balance .......................................................................... $247,231.69 CITY OF CARLSBAD PROJECT: 34461/3887-1 H, EL CAMINO REAL AND CASSIA ROAD DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS CONTRACT CHANGE ORDER NO. 1 CONTRACT NO. 34461/3887-1H P.O. NO. P114835 ACCOUNT NO. 50570009060/344619066; 50270009060/388719066 CONTRACTOR: Cass Construction Inc. 1100 Wagner Drive El Cajon, CA 92020-3047 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-2.2.3 Agreed Prices, SSPWC 2003, and the Provisions of this Contract, perform the following: Item 1: Install one (1) 20" x 20" x 20" ML&C steel Tee, one (1) 20" flanged BF valve, one (1) 20" blind flange and connect to the existing 20" water line at Station 70+ 74.70 for the lump sum price of $10,550.00. Increase to contract cost. ........................................................ $10,550.00 Item 2: Install one (1) 30" SOWO steel flange including interior and exterior grouting at Station 84+29.66 for the lump sum price of$ 2,000.00. Increase to contract cost. .......................................................... $2,000.00 Item 3: Concrete encase 30 LF of 24" steel water main, including %" thick expansion joint filler at the ends of encasement per attached drawing at Station 70+40 for the lump sum price of$ 7,096.80. Increase to contract cost. ......................................................... $7, 096.80 Item 4: Remove concrete slurry from trench line of the 24" steel water line at Station 70+50 for the lump sum price of$ 1,812.12. Increase to contract cost. ......................................................... $1 , 812. 12 Page 2 Project: 3446-1 /3887-1 H, El Camino Real and Cassia Road Domestic and Recycled Water Transmission Mains Change Order No.1 Item 5: Repair potholes on the north bound lanes of El Camino Real between Cassia Road and Palomar Airport Road, including all necessary traffic control, for the lump sum price of$ 2,541.12. Increase to contract cost. ......................................................... $ 2,541.12 Item 6: Install two (2) twelve-inch (12") 45° bends with concrete thrust blocks and restraints to facilitate connection of the new 12" recycled Water Line A-1 to the existing 12" Tee at Station 1+43 for the lump sum price of$ 4,768.2. Increase to contract cost .......................................................... $ 4,768.27 TOTAL INCREASE TO CONTRACT COST .................................................... $28,768.31 Page 3 Project: 34461/3887-1 H, El Camino Real and Cassia Road Domestic and Recycled Water Transmission Mains Change Order No. 1 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: ~ i/t./oS CONSRUCTIONMANAGER • (DATE) DE'~~ 4- y4iF-.CITY ENGINEE K~ ~'-'LA-91i o 10., 'FINANCE DIRECTOR (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR DEPUTY CITY ENGINEER, DESIGN APPROVED BY: CARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR EL CAMINO REAL AND CASSIA ROAD DOMESTIC AND RECYCLED WATER TRANSMISSION MAINS CONTRACT NOS. 34461 AND 38871-H PW S04- 40 EN G Revised 10/08/03 Contract No. 34461 & 3887-H Page 1 of 85 Pages . . item Notice Inviting Bids ........................................................................................................................ Contractor’s Proposal .................................................................................................................... Bid Security Form .......................................................................................................................... Bidder‘s Bond To Accompany Proposal ....................................................................................... Guide For Completing The “Designation Of Subcontractors’’ Form ............................................. Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................. Bidder‘s Statement Of Financial Responsibility ............................................................................ Bidder’s Statement Of Technical Ability And Experience ............................................................. Bidder‘s Certificate Of Insurance For General Liability. Employers’ Liability. Automotive Liability And Workers’ Compensation ........................................................................................... Bidder’s Statement Of Re Debarment .......................................................................................... Bidder’s Disclosure Of Discipline Record ......................................................................... 7 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. Contract Public Works .................................................................................................................. Labor And Materials Bond ............................................................................................................ Faithful PerformanceNVarranty Bond ........................................................................................... Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 7 11 29 30 32 34 35 36 37 38 39 41 42 48 50 52 @ Revised 10/08/03 Contract No . 34461 & 3887-H Page 2 of 85 Pages SUPPLEMENTAL PROVISIONS Part 1 Section 1 1-1 1-2 1-3 Section 2 2-3 2-4 2-5 2-9 2-1 0 Section 3 3-2 3-3 3-4 3-5 Section 4 4- 1 4-2 Section 5 5-1 -c 5-4 Section 6 6-1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Section 9 9-1 9-3 General Provisions Terms. Definitions Abbreviations And Symbols Terms .................................................................................................................... Definitions ............................................................................................................. Abbreviations ........................................................................................................ Scope And Control Of The Work Subcontracts ......................................................................................................... Contract Bonds ..................................................................................................... Plans And Specifications ...................................................................................... Surveying .............................................................................................................. Authority Of Board And Engineer ......................................................................... Changes In Work Changes Initiated by the Agency .......................................................................... Extra Work ............................................................................................................ Changed Conditions ............................................................................................. Disputed Work ...................................................................................................... Control Of Materials Materials And Workmanship ................................................................................. Materials Transportation, Handling and Storage .................................................. Utilities Location ................................................................................................................. Relocation ............................................................................................................. Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................ Prosecution Of Work ............................................................................................. Delays And Extensions Of Time ........................................................................... Time of Completion ............................................................................................... Completion And Acceptance ................................................................................ Liquidated Damages ............................................................................................. Responsibilities Of The Contractor Liability Insurance ................................................................................................. Workers' Compensation Insurance ...................................................................... Permits .................................................................................................................. Cooperation and Collateral Work ......................................................................... Project Site Maintenance ...................................................................................... Public Convenience And Safety ........................................................................... Laws To Be Observed .......................................................................................... Measurement and Payment Measurement Of Quantities For Unit Price Work ................................................. Payment ................................................................................................................ 55 56 56 57 57 58 ~~ 60 62 63 63 63 64 67 67 68 68 68 74 74 75 75 75 76 76 76 76 76 77 82 82 82 d Revised 10/08/03 Contract No . 34461 & 3887-H Page 3 of 85 Pages Part 2 1 State of California. Water Resource Control Board Contract Requirements .- State Wage Rate Clause ............................................................................................... BP1 . . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 Labor Code Section 1776; Complete Payroll Records; Certified and Available ........... BP1 Labor Code Section 1777.5; Employment of Properly Registered Apprentices .......... BP2 Labor Code Section 181 0; Definition: A Legal Day's Work ........................................... BP4 Labor Code Section 181 3; Penalty for Overtime on any Public Works Contract .......... BP4 Labor Code Section 181 5; Minimum Overtime Pay ...................................................... BP4 Labor Code Section 1860; Contract Provision .............................................................. BP4 Labor Code Section 1861; Contractor Certification to Labor Code Section 3700 ........ BP4 Cultural Resource Protection ......................................................................................... BP4 State MBENVBE Provisions; includes Attachment A and Attachment B ...................... BP6 MUST BE SUBMITTED WITH BID TO BE RESPONSIVE The Subletting and Subcontracting Fair Practices Act ................................................ BP13 Equal Opportunity Clause (40 CFR 608.4(b)) ............................................................. BP13 Nondiscrimination Clause ............................................................................................ BP14 Construction Contractors - Affirmative Action Requirements (41 CFR 604) .............. BP15 Elimination of Segregated Facilities ............................................................................ BPI 9 Certification of Non-Segregated Facilities ........... : ....................................................... BP20 Drug-Free Workplace Certification .............................................................................. BP21 Use of Debarred Contractors Prohibited ..................................................................... BP22 Responsibility for Removal. Relocation. or Protection of Existing Utilities .................. BP24 (Government Code Section 421 5) Submitting of Bids and Agreeing to Assign (Government Code Section 4552) .......... BP25 Affirmative Action and Equal Employment Opportunity minority participation table ... BP26 Labor Code Section 6500 ............................................................................................ BP27 Public Contract Code Section 7105 ............................................................................. BP27 Public Contract Code Section 9203 ............................................................................. BP28 ;f;i Revised 10/08/03 Contract No . 34461 & 3887-H Page 4 of 85 Pages Part 3 TECHNICAL SPECIFICATIONS TABLE OF CONTENTS rc c Section No. Title 01 001 01 002 01 005 01010 0101 1 01 025 01 040 01 047 01 048 01 200 01 300 01 31 0 01 340 01 400 01 41 0 01 500 01 520 01 530 01 550 01 570 01 580 01 590 01 600 01610 01 630 Dl 700 01 71 0 Revised 10/08/03 DIVISION 1 : GENERAL REQUIREMENTS Standard Drawings, Standard Specifications and Approved Materials List Contractor’s Insurance Certification Coordination with Design Engineer and Owner Summary of Work General Construction Sequence Measurement and Payment Coordination Connections to Existing Facilities Special Construction Conditions and Procedures - General Project Meetings Shop Drawing Submittals Progress Schedule, Submittal Schedule, and Schedule of Values Shop Drawing, Product Data and Samples Quality Control Testing and Inspection of Earthwork and Concrete Construction Facilities and Temporary Controls Maintenance of Traffic and Detours Protection of Existing Utilities Traffic Control and Re-Striping Maintenance and Protection of Traffic Project Identification and Signs Field Offices and Sheds Material and Equipment Supplier’s/Manufacturer’s Special Services Product Options and Substitutions Contract Closeout Cleaning and Final Cleaning Contract No. 34461 & 3887-H Page 5 of 85 Pages .- Section No. Title 01 720 Record Drawings 01 730 Operating and Maintenance Data and Training DIVISION 2: SITE WORK 021 30 02223 Trenching, Backfilling and Compacting 02225 Utility Crossings 0251 0 Asphaltic Concrete Pavement Removal and Resurfacing of Pavement Surfaces DIVISION 3: CONCRETE 03300 Concrete Construction DIVISION 9: FINISHES 09870 09900 Painting and Coating 09902 Petrolatum Wax Tape Coating Tape Wrap and Concrete Mortar Coating DIVISION 13: CATHODIC PROTECTION 13120 Cathodic Protection DIVISION 15: MECHANICAL 15000 15040 15056 15064 15066 15076 15092 151 00 General Piping System and Appurtenances Testing, Flushing and Disinfection Ductile Iron Pipe and Fittings PVC Pressure Pipe and Fittings (AWWA C900) PVC Pressure Pipe and Fittings (AWWA C905) Cement Mortar-Lined and Coated Steel Pipe Miscellaneous Couplings, Pipe and Appurtenances * Valves Revised 10/08/03 Contract No. 34461 & 3887-H Page 6 of 85 Pages CARLSBAD MUNICIPAL WATER DISTRICT NOTICE INVITING BIDS Until 4:OO PM on July 27 2004, the Carlsbad Municipal Water District shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the Carlsbad Municipal Water District and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the Directors of the Carlsbad Municipal Water District on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction, 2003 Edition, hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. - The Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water District or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder‘s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the District to ensure performance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the District or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $1 00,000 per contract. I @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 7 of 85 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Bidder's Statement of Financial Responsibility 6. Bidder's Statement of Technical Ability and Experience 7. Acknowledgement of Addendum(a) 8. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 9. Bidder's Statement Re Debarment 1O.Bidder's Disclosure Of Discipline Record 1 1 .Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $3,593,000 ($1,944,000 - Bid Schedule No. I); ($1,649,000 - Bid Schedule No. 2). Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does involve federal funds. The following classifications are acceptable for this contract: "A". General Engineering - If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual looh retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $50.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. CTi Revised 10/08/03 Contract No. 34461 & 3887-H Page 8 of 85 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 41 07 and 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. P Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. c If the bid is accepted, the District may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article IO (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days Revised 10/08/05 Contract No. 34461 & 3887-H Page 9 of 85 Pages of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. - Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the Board of Directors is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the District may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. c Approved by the Board of Directors of the Carlsbad Municipal Water District by Carlsbad Municipal Water District Resolution No. 1212, adopted the 8* day of June, 2004 ISABELLE PAULSEN, CMC Deputy Secretary DATED: June 17,2004 e Revised 10/08/03 Contract No. 34461 & 3887-H Page 10 of 85 Pages CARLSBAD MUNICIPAL WATER DISTRICT c c I CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS CONTRACTOR’S PROPOSAL 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, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 34461 and Contract No. 3887-H in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: BID SCHEDULE “A” DOM ESTlC WATER TRAN SM lSSl0 N MA1 NS CONTRACT NO. 34461 Approximate Item Quantity Unit - No. DescriDtion And Unit - Price - Total A-1 . Mobilization, demobilization, LS Lumpsum $ 53!cm4 providing project sign, compliance with all General and Supplementary conditions and providing cleanup of construction site complete in place at It Fry G& * SA&uh <* h& aka c\nL~A.ns *%t.n Dollars (Lump Sum) @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 11 of 85 Pages -- I e- Item No. - A-2. A-3. A-4. A-5. A-6. BID SCHEDULE “A” DOMESTIC WATER TRANSMISSION MAINS CONTRACT NO. 34461 Description Perform Exploratory Excavations for underground utilities at Tc? /wkm buup 72cp rlry)hrg hNbk hlMr e%d Dollars (Lump Sum) / Construct 30-inch diameter CML tape wrapped and mortar coated steel pipe transmission main at fl&ZC tb~+%?~a &QM SAJ U7/I!S.r ‘Yfbt2 Dollars per Linear Foot Provide all necessary and required traffic control to perform construction in Bid Item No. 3 at BAU %SA &A 516 b&dr 4d, ~0~1~~ +- w/&- Dollars (Lump Sum) Construct 24-inch diameter CML tape wrapped and mortar coated steel pipe transmission main at OPEtfUkbRt39 Si %Tl/GdL I)bLI&#2C 6 ZGhd Dollars per Linear Foot Provide all necessary and required traffic control to perform construction in bid Item No. 5 at %W2-*5hN6 %& hbldkefl &ti M 5 -4- “bJ/Cc.., Dollars (Lump Sum) Approximate Quantity Unit And Unit - Price - Total 420 LF $ 3q7.15 @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 12 of 85 Pages Item No. A-7, A-8. A-9. A-1 0. BID SCHEDULE “A’ DOMESTIC WATER TRANSMISSION MAINS CONTRACT NO. 34461 Approximate Quantity Unit Description And Unit - Price - Total Construct 12-inch diameter LS Lumpsum $ Ja,/m PVC C900 domestic water main stub- out at Station No. 48+78 at 7&hTk 7;;ro fl 6t5- 0 lv38 Mv&h,?c13 &I/’kZE uq/W Dollars (Lump Sum) Construct 12-inch diameter PVC LS C900 domestic water main at Station No. 60+23.92 at TN~?,V~V bdE %.%3~-& /ulrJG #our)p~ bUi&?s 4-7,c Dollars (Lump Sum) Construct the connection to the existing 20-inch diameter water main at Station No. 70+74.70 at LS 7-H lATIr/ Tm b- !fi dG ’ k*AQjb r lSvr\Ap5 d- “/IC Dollars (Lump Sum) Construct the 8-inch diameter PVC LS Lumpsum $ h’,bm- C900 interconnection from Sta. No. 0+66 to Sta. No. 1+00, to the existing 16-inch diameter distribution line at Sta. No. 48+78 at boi\pr(Lo -= Wtw Dollars (Lump Sum) 6m-d %M sMhuaR& Revised 10/08/03 Contract No. 34461 & 3887-H Page 13 of 85 Pages Item No. - A-1 1. A-1 2. A-1 3. A-1 4. BID SCHEDULE “A” DOMESTIC WATER TRANSMISSION MAINS CONTRACT NO. 34461 Approximate Quantity Unit DescriDtion And Unit - Price - Total Construct the connection to the LS Lumpsum $ 93,/m* existing 16-inch, 14-inch and 6-inch diameter distribution lines at Station No. 80+09 at the intersection of El Camino Real and Cassia Road at /VIA?? flPeC flUll*a, oue tt!vw&n f)oilk$E r9klv Dollars (Lump Sum) Construct the connection to the existing 30-inch diameter transmission main along Cassia Road at approximate Station No. 84+29 and abandonment of existing 18-inch transmission main at cJcwk^u7L r.4 naLs4-4-a Jol(A?ts ,Y+i Dollars (Lump Sum) Construct the connection to the existing 8-inch diameter water main along Cassia Road at approximate Station No. 83+91 .OO at 6Frid TLW*Y~ SF ~WAW &I&& *@/uY Dollars (Lump Sum) LS Furnish and construct a 2-inch air 7 EA $ G.,W-- $ 456-9- release and vacuum relief valve assembly per Carlsbad Municipal Water District Standard Drawing No. W7 at Sf6 7b-V 5 cr^lrs 6d&5 ttC)NDAen Qb11MS m/r / Dollars Each Revised 10/08/03 Contract No. 34461 8,3887-H Page 14 of 85 Pages Item No. A-1 5. A-1 6. A-1 7. A-I a. BID SCHEDULE “A” DOMESTIC WATER TRANSMISSION MAINS CONTRACT NO. 34461 Description Furnish and construct a 2-inch manual air release valve per Carlsbad Municipal Water District Standard Drawing No. W6 at -fwo flaw 6 i? Ctow, Prss DolkS & ehcr Dollars Each Furnish and construct a 4-inch blow- off assembly per Carlsbad Municipal Water District Standard Drawing No. W11 at GY%w ONS hMR& LWtnas 4 Eey/clJc Dollars Each Furnish and install 6-inch diameter steel pipe and fire hydrant assembly at station 23+35 at 6LmN Gw sF4a bDIG-pG *%# Dollars (Lump Sum) Furnish and install 30-inch butterfly valve per Carlsbad Municipal Water District Standard Drawing No. W 17 at EuUcrd %asAwlb T&C hAAbAMD ODIIAer + %Go Dollars Each Approximate Quantity Unit And Unit - Price - Total 3 EA $ 4/00’ Revised 10/08/03 Contract No. 34461 & 3887-H Page 15 of 85 Pages Item No. - A-1 9. A-20. A-21. A-22. BID SCHEDULE “A” DOMESTIC WATER TRANSMISSION MAINS CONTRACT NO. 34461 Approximate Quantity Unit DescriDtion And Unit - Price - Total Furnish and install a 24-inch butterfly 8 EA $ z7m‘ $ b&@+- valve per Carlsbad Municipal Water District Standard Drawing No. W 17 at 9v€w *e%w st$m h!v rvnkm Dollars Each lkRL -rey/cc Furnish and install an 14-inch 1 EA $ 2,9m $ 2,w - butterfly valve per Carlsbad Municipal Water District Standard Drawing No. W17 at 7@ 7lm yk/r3 ”tg th.W#e ld bl/Lh25 r9;d Dollars Each Furnish and install a 16-inch butterfly 2 EA $ $9- $ .z-- valve per Carlsbad Municipal Water District Standard Drawing No. W 17 at RlG *5%w FjjE ))v/uiJl2Mo \ e*//& - Dollars Each Furnish and install a 12-inch resilient 2 EA urn- $ t’,4m0 wedge gate valve per Carlsbad Municipal Water District Standard Drawing No. W16 at 7z;c T;102( SM % #u kale& QsllIres WW Dollars Each Revised 10/08/03 Contract No. 34461 & 3887-H Page 16 of 85 Pages Item No. - A-23, A-24. A-25. A-26. BID SCHEDULE "A" DOMESTIC WATER TRANSMISSION MAINS CONTRACT NO. 34461 Approximate Quantity Unit DescriDtion And Unit - Price - Total Furnish and install 8-inch resilient 3 EA $pm- $ 39s' wedge gate valve per Carlsbad Municipal Water District Standard Drawing No. W 16 at D0Il-s 4- q/#f bW*W&Wk .N olearo Dollars Each Furnish and install cathodic LS Lumpsum $ .50,6c* protection for 30-inch and 24-inch CML tape wrapped and mortar coated steel pipe transmission mains at aSLwn'0 3nc h&S(rW D@.l/IrBRT t--9/6r Dollars (Lump Sum) Provide permanent traffic video detection system and all work associated for installation at M noicwrc;. t%c Dollars Each Construction Schedule at LS HWue hJ *- Slf &I\he4 .t WlW Dollars (Lump Sum) Revised 10/08/03 Contract No. 34461 & 3887-H Page 17 of 85 Pages BID SCHEDULE “A” DOMESTIC WATER TRANSMISSION MAINS CONTRACT NO. 34461 Approximate Item Quantity Unit - No. DescriDtion And Unit - Price - Total A-27. Provide and prepare drawings for LS Lumpsum $ ZZ~~ SWPPP and BMP permits. Furnish and install erosion and water pollution control devices per approved shop drawing submittals at / p il Dollars (Lump Sum) A-28. Provide excavation safety measures LS Lumpsum $ 4,4&aH including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conformance with applicable safety orders at 5,s- b UUNYmdb Dollars (Lump Sum) DollA-Qs +%Lo- Total amount of bid in words for Schedule “A’ (Item Nos. A-1 through A-28): UNCF MI~U~ d/6d7 c HUAUI~EQ I$OWL~,UQ 7’ LkD ffUkbjlt5-b ICUL-NTY T&& b//MS + 9m Total amount of bid numbers for Schedule “A (Item Nos. A-1 through A-28): $ 1, 01 I 223 Revised 10/08/03 Contract No. 34461 & 3887-H Page 18 of 85 Pages I BID SCHEDULE “8” 18” / 20” PVC PIPE RECYCLED WATER TRANSMISSION MAINS CONTRACT NO. 38871-H Approximate Item Quantity Unit No. DescriDtion And Unit - Price - Total B-1 . Mobilization, demobilization, LS Lump Sum $ ; q’s~ - providing project sign, compliance 1 with all General and Supplementary conditions and providing cleanup of construction site complete in place at 6% i”utwp a-asthiwb Figt? f&.4&, ,&A &bl/mz r*/i Dollars (Lump Sum) 8-2. Perform Exploratory Excavations for LS Lumpsum $ ZG(ft*’ c underground utilities at - T&J~ sir 71~n*<m rnNsi w Atia Q~ILAL &!t W Dollars (Lump Sum) 8-3. Construct 20-inch diameter (2-905 5,705 LF $ /+f3/ $ 827:ZSFf Class 235 PVC pipe recycled water main (Line A) in El Camino Real from Station No. 1 OO+OO to approximate Station No. 157+85 at Doillhaa t OD//‘- Dollars per Linear Feet 6-4. Provide traffic control as necessary LS LumpSum $ $‘O./W~ and required for performing the work and associated work in Item No. 3 at 4r almf BCJP oNEhdQ~b Dollars (Lump Sum) @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 19 of 85 Pages Item No. - 6-5. 6-6. B-7. 6-8. c BID SCHEDULE “B” 18” / 20” PVC PIPE RECYCLED WATER TRANSMISSION MAINS CONTRACT NO. 38a7i-~ Approximate Quantity Unit DescriDtion And Unit - Price Total Provide High line for by-passing 12” recycled water main from Station No. 10040 to approximate Station No. 1 1340. Connections at Existing pump station and existing lateral at approximate Street CL Station 260+85 at -n+,nT21 - -- SLY- h.w &l\fwL t%w Dollars (Lump Sum) Construct 12-inch diameter C-900 Class 150 PVC pipe recycled water main lateral (Line Al) and appurtenances to the east at approximate Station 1 12+90 at *SmJ TL w mkm~ Mh$.& VId Dollars (Lump Sum) Construct 1 0-inch diameter C-900 PVC pipe recycled water main stub- out (Line A2) and appurtenances to the west at approximate Station No. 124+77 (Camino Vida Robles) at *&;hlT&fhi %uw La kum bll rhlL.5 Y b”///uy‘ Dollars (Lump Sum) Construct 12-inch diameter C-900 PVC pipe recycled water main (Line A3) and appurtenances to the east at approximate Station No. 138+78 (Town Garden Road) at %LVG rn%> nNO ki.h!Mt& hnll ‘sp 4 4- Q?/iuf Dollars (Lump Sum) LS Lumpsum $ dY,Vo’ Revised 10/08/03 Contract No. 34461 & 3887-H Page 20 of 85 Pages c BID SCHEDULE “B” 18” / 20” PVC PIPE RECYCLED WATER TRANSMISSION MAINS CONTRACT NO. 38871 -H Approximate I tem Quantity Unit - No. DescriDtion And Unit - Price - Total c B-9. Construct 30-inch diameter CML LS Lumpsum $ %2,gm and taped CMC recycled water main (Line A4) and appurtenances to the east at approximate Station No. 150+00 (Gateway Road) at &7?, 3lf%%S frwuu An- Dollars (Lump Sum) hhM< * c”//Lc B-10. Construct 20-inch diameter C-905 LS Lump Sum $ 337m- CL 235 PVC pipe recycled water main stub-out (Line A5) and appurtenances to the east at approximate Station No. 157+85 at -1 7haarTkmM 4L;v&&P r UbkPpkD 9011x725 t ”4w- Dollars (Lump Sum) I B-11. Construct 18-inch diameter C-905 425 LF $ /37- $ 58,ZU’ CL 235 PVC pipe recycled water main in El Camino Real from approximate Station 157+85 to Station 162i-08, provide appurtenances and connection to existing 16-inch recycled water main at L?U4 h&,SR60 m~+) 4wsJ brines aCtJlar Dollars per Linear Foot B-12. Provide traffic control as necessary LS Lumpsum $ /,zm’ and required for petforming the work and associated work in item No. 11 at OAJG%~~()N~ r- kM& Odk 6 Ytw Dollars (Lump Sum) - Q Revised 10/08/03 Contract No. 34461 8,3887-H Page 21 of 85 Pages Item No. - 6-1 3. B-14. 6-1 5. 6-1 6. BID SCHEDULE "By' 18" / 20" PVC PIPE RECYCLED WATER TRANSMISSION MAINS CONTRACT NO. 38871-H Approximate Quantity DescriDtion And Unit Construct 18-inch diameter C-905 Class 235 PVC ductile iron pipe recycled water main (Line B) in Cassia Road from Station No. 170+00 to approximate Station No. 175+00 at 6.oa h~AORun 5k& UfQW 5W&*J udth2s a-WIc3- Dollars per Linear Feet 500 LF Provide traffic control as necessary LS and required for performing the work and associated work in Item No. 13 at Brr'as *4w3 (hCkA&ea boilML HI cw- Dollars (Lump Sum) Construct connection to the existing 18-inch diameter recycled water main along Cassia Road at Station No. 175+00 at T&Uts TL-b s44 IhiaGW &iWL +"thm- Dollars (Lump Sum) .S Furnish and construct 2-inch air release and vacuum release valve assembly per Carlsbad Municipal Water District Standard Drawing No. W7 at 23 EA sm !&K-7 IYtUARkfi D61/MS 4- *//w Dollars Each Unit - Price Lump Sum @ Revised 10/08/03 Contract No. 34461 & 3887-H Lump Sum w - Total $ $ hm- Page 22 of 85 Pages Item No. - B-17. B-18. B-19. B-20. BID SCHEDULE "B" 18" / 20" PVC PIPE RECYCLED WATER TRANSMISSION MAINS CONTRACT NO. 388714 Approximate Quantity Unit Description And Unit - Price - Total Furnish and construct a 2-inch 1EA $ /$9W0 $ /,!%V" manual air release valve or blow-off assembly per Carlsbad Municipal Water District Standard Drawing No. W6 at &k- ;fl(rrc%Na &/&? #u W&@ pmrsn3 e Dollars Each Furnish and construct 4-inch blow- 9 EA $ @t~~ $ 60~~ off assembly per Carlsbad Municipal Water District Standard Drawing No. W11 at 5H%b5prrs C1LYHhA4SRtd &/(kRs cc"/cu- Dollars Each Furnish and install a 20-inch 13EA $ 4,523- $ c4,w- diameter butterfly valve per Carlsbad Municipal Water District Standard Drawing No. W 17 and W13 at Ell< v3.e- Krn#dN&?& Dollars Each h1lA-m C~h- Furnish and install an 18-inch diameter butterfly valve per Carlsbad Municipal Water District Standard Drawing No. W17 and W13 at Sh~v5~h lh- Doll&&+- oc%r Dollars Each e Revised 10/08/03 Contract No. 34461 & 3887-H Page 23 of 85 Pages BID SCHEDULE “8” 18” / 20” PVC PIPE RECYCLED WATER TRANSMISSION MAINS CONTRACT NO. 38871 -H Approximate Item Quantity Unit - No. Description And Unit 7 Price - Total 8-21 . Furnish and install a 12-inch resilient 2EA $ ,;?,2d- $ ‘%q@‘ wedge gate valve per Carlsbad Municipal Water District Standard Drawing No. W 16 and W 13 at <rn%%cfLUo hmbQm 2)eildRE +- c?&m- Dollars Each 8-22. Furnish and install an 1 O-inch 1 EA $ L9m4 $ i,qmk resilient wedge gate valve per Carlsbad Municipal Water District Standard Drawing No. W 16 and W13at U@.rbT7laLSpND MA& &kPk%o &I/&S -b%kf Dollars Each 8-23. Furnish and construct a 1 -inch meter recycled water irrigational service per Carlsbad Municipal Water District Standard Drawing No. W4 at mts*9wh $6 &&mO Dollars Each D07/snc r%d 8-24. Furnish and construct a 2-inch meter recycled water irrigational service per Carlsbad Municipal Water District Standard Drawing No. W4 at fiPW &J dm c, M hdnmo Qef1~5 Dollars Each - @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 24 of 85 Pages BID SCHEDULE "B" 18" / 20" PVC PIPE RECYCLED WATER TRANSMISSION MAINS CONTRACT NO. 38871 -H Approximate Item Quantity Unit No. Description And Unit - Price - Total Provide excavation safety measures LS Lumpsum $ 6,~. bracing or equivalent method for the 8-25. including shoring, sheeting and protection of .life and limb in trenches and open excavation in conformance with applicable safety orders at PIK a*%?Wu jGii2 k;UO/Lcn3 &37k?S w-Lcc?- Dollars (Lump Sum) OPENED, WITNESSED E,X:3 I:XXRDED: 7-2 DATE \ . c 8, - Total amount of bid in words for Schedule "B' (Item Nos. B-1 through B-25): 4~6 M~~itud 6crdhdRa /vf&T'/ 06 rn KvyMpbn &HV &maPs a"%Jv- I I Total amount of bid in numbers for Schedule "B (Item Nos. B-1 through 8-25): $ 4 gf/, V&O - - Total amount of bid in words including schedules "A and Schedule "B : 7- MtUt 013 7%W@ bma NjUkvY TruD*sW 5w M &n nRfsl? IobllMs 4- %e - Total amount of bid in numbers including schedules "A and Schedule "B" : 3, 34 z., 763 The basis of award will be the sum of Schedule "A" and "B". - Price(s) given above are firm for 90 days after date of bid opening. hadhave been received and idare included in this .- Addendum(a) NO(~). proposal. -- - The Undersigned has carefully checked all of the above figures and understands that the District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. - The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District, the District may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. -_ - - Revised 10/08/03 Contract No. 34461 & 3887-H Page 25 of 05 Pages - The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California validly licensed under license number PW336 , classification which expires on an affidavit. ,- -. 4/3q of , and that this statement is true and correct and has the legal effect of A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 5 201 04. -- The Undersigned bidder hereby represents as follows: 1. That no Board of Directors member, officer agent, or employee of the Carlsbad Municipal Water District is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and - 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. - Accompanying this proposal is 8,aoec 43u 84Jn (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. c I The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code pAZo// Telephone No. hlq- 5qo-0929 @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 26 of 85 Pages License Detail Page 1 of 2 IClass IK'WELL /A License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 298336 Description DRtLLING (WATER) GENERAL ENGINEERING CONTRACTOR DISCLAIMER A license status check provides information taken from the CSLB license data base. Beforc on this information, you should be aware of the following limitations: CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. Per B&P 7071.17, only construction related civil judgments known to the CSLB are di Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration . Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 07/27/2004 * * * Bonding Information * * * of $10,000 with the bonding company CONTRACTOR'S BOND: This license filed Contractor's Bond number GCL1208319 in the http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail. asp 7/27/2004 License Detail Page 2 of 2 INTERNATIONAL BUSINESS AND MERCANTILE REASSURANCE COMPANY. Effective Date: 01 /01/2004 Contractor's Bondina History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) JlMM NELSON certified that he/she owns 10 percent or more of the voting stock/equity of the cor A bond of qualifying individual is not required. Effective Date: 10/08/1991 BQl's Bondina History * * * Workers Compensation Information * * * This license has workers compensation insurance with the Policy Number: WC367699500 Effective Date: 07/03/2004 Expire Date: 07/03/200f ZURICH AMERICAN INSURANCE COMPANY (4581-5) Workers Compensation Histom Personnel listed on this license (current or disassociated) are listed on other lice1 _.______ License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request 0 2004 State of California. Conditions of Use Privacy Policy 7/27/2004 Personnel List Page 1 of 1 License Number Regluest ! Personnel List CALIFORNIA CONTRACTORS STATE-LlCEN Contractor Name Request Personnel Name Request Contractor License # 298336 Click on the person's name to see a more detailed page of information on that person. Salesperson Request Association Disassociation Date Date Name Title Salesperson Name Request 1JIMMIERA.UL NEL-S0.N RMO/CEO/PRES 09/27/1974 A I ILAURA MICHELE NELSON OFFICER 09/27/1974 I A -- 05/03/1985 - _" - PAUL IMON NELSON 0 FFI C E R 09/27/1974 I..... -- II I" ROBERT NORMAN SIEMERS OFFICER 09/27/1974 08/22/1979 KYLEPAUL NELSON OFFICER 03/11 /2002 0 2004 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/Personnel+List.asp?LicNum=29S3 36 7/27/2004 IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of part F (3) Place of Business (Street and Number) Telephone No. IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted c&5 COIJYTRU~O~J ,-c. (2) &3$2??257=/’7 c (Signature) Impress Corporate Seal here -- (3) Incorporated under the laws of the State of CA-tl ?A (4) Place of Business //OD #t?hJ@e dPrc/E (Street and Number) City and State L6-d CP 42020 (5) Zip Code 42oLO Telephone No. G 19 - 590 - @? 2 4 Revised 10/08/03 r- Contract No. 34461 & 3887-H Page 27 of 85 Pages - NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED - List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 28 of 85 Pages BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATE CONTRACT NO. 3887-H EL CAMINO REAL A 18” AND 20” RECYCLED WATER (NOTE: The following form shall be used if check acco Accompanying this proposal is a *Certified *Cashie MUNICIPAL WATER DISTRICT, in the sum of - - this amount being ten perce become the property of the action of its legally constitu contract and furnish the req coverage within the stipul The proceeds of this chec withdraw his or her bid wit unless otherwise required t of the bid. The proceeds of this check shall sal shall be accepted by the District through and the undersigned shall fail to execute a and Payment Bonds and proof of insurance eck shall be returned to the undersigned. erty of the District if the undersigned shall after the date set for the opening thereof, ward of the contract to another bidder. I 7 BIDDER - *Del& the inapplicable word. - (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) I c @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 29 of 05 Pages 1, .- BIDDER’S BOND TO ACCOMPANIY PROPOSAL CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887.H EL CAMINO REAL AND CASSIA, ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS KNO’N ALL PERSONS BY THESE PRESENTS: That we, CASS CONSTRUCTION, INC. , as Principal, and PAFECO INSURANCE COMPANY OF AMERICe, as S~rety are held and firmly bound unto the Carlsbad Municipal Water District, California, in an amoiint as follows: (must be at least ten percen’t (10%) of the bid amount) - TEN PERCENT OF BID (10% OF BID) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, fi rrnly by these presimts. THE CONDITION OF THE FOfiEGOlNG OBLIGATION IS SUCH that if the proposal of the above- bourden Principal fort CONTRACT NO, 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-HI EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS in fh3 City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall duly enter into and execute 8 Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Dlrectors of the Carlsbad Municipal Water District of the :Xy of Carlsbad, being duly notified of said award, then this obligation shall become null and void: otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District. ... ... .-. ..- ... ... ... .. . +* ... ... ... a I’ %lb Revised 10/08/03 Contract No. 34.461 & 3887-H Paoe 30 of 85 Panes -- In Ihe event Principal executed this bond as an individual, it is agreed that the death of Principal shall no't exonerate the Surety from its obligations under this bond. Exixuted by PRINCIPAL this day of .rl 20-- PH I NCI PAL: day Executed by SURETY this 8TH -. CASS CONSTRUCTION, INC. JULY ,20 04 I (nz me of Bn ip I) (si ghere) of - SURETY: By .A+ 22fiX2- - _.. AClc & /? # c L SU,d (print name here) - &SF-. J,L SAFECO INSURANCE COMPANY OF AMERICA (name cd Suretvl p 263 7 y77.g 7- L As 5 <Gd&7/7~ 4330 N. BRAND BLVD . , SUITE 1000 (Title and Organization of Signatory) LK CLENDALE, CA 91203 -- (address of Surety) (81 8) 956-4242 By: A mr 4.A _.. L4cll"d I Ahfs0/7 _. ScrelCqp,, 6 f cqss 6n54ruLYiD4, (sign hers) (pi int name here) (tilie and orgahzation of signatory) 74 c JACK G. LUP I EN, ATTORNEY - I N-FACT ' (printed name of Attorney-in-Fact) 7 (Altach corporate resolution showing current power of attorney.) (Froper notarial acknowledgrrmt of execution by PRINCIPAL and SURETY must be attached.) (F resident or vice-president trnd secretary or assistant secretary must sign for corporations. If only orie officer signs, the corporation must attach a resolution certified by the secretary or assistant sticretary under corporate seal empowering that officer to bind the corporation,) A?PROVED AS TO FORM: R3NALD R. BALL General Counsel B ,I: Deputy General Counsel State of California ) County of San Diego ) On July 8, 2004 before me, Tara Bacon, Notary Public, personally appeared Jack G. Lupien, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. - WITNESS my hand and official seal. POWER T 9 A E OFATTQRNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SARCO PLAZA SEATTLE. WASHINGTON 98185 No. 5528 KN5W ALL BY THESE PRESENTS: its true and lawfurl attotneyfs)-iwfad, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of e similar charar issued in the course of its business. and io bind the mspeclke company thereby. 1N WtTNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL lNSLlRAPlCE COMPANY OF AMERICA have sach executed and attested !hose presents this 4 day of Jnnwq , 1993 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Exlraci from the By-Laws dBAFE%O tNSURMICE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FlDfUTY AND SURETY BONDS ... Ihe President, my Vice President, the Secretary, and any Assistant Vice President appointed for lhat purpose by lhe officer in charge ol surely operations, shab each haw aulhbdly to appoht individuals as attorneys-in-fact or under other appropriata titles with auhrity to execule on behalf of the wmpany fidelity and surely bonds and Other doarmenls af similar character issued bv the company in Ure course of ils business .. On any instrument making at evidencing such appointment, Ihe s$$nalures my ba affixed by facsimile. On any instrument confarrlng such aulhocily or on any bond or I undertaklng of Vw company, Ihe seal, or a facsimile lhereof. may be .mprs%ed or afflKed or in any other manner reproduced; provided, however. that Ihe seal shall not necessary to the validity of any such instrument or undertaking." Extract from a Resatution ofthe Board of Difecttlrs df SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL lNSURANCE COMPANY OF AMERICA adopted July 28,1970. *on any cerfihcate exeurtsd by the Secretary or an essisfanf secretary of the Cwnpany setling oul. (i) The provisions of Article V, Section 13 d Me By-law$. and (ii) A copy of the power-of-afforney appoinlmenl executed pursuanl thercta. and (iii) CediFying that said power-of-altomey appoinlment is in full force and effect, the signalure of Lhe certifying offcer may be by facslmlle, and the seal of me Company may be a facsimile thereof." I. R.A. Piersan, Secretary of SAFECO INSURANCE COMPANY OF AMERlCA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing exlracfs of the By-Laws and af a Resolution ofthe bard of Directors of M'iese corporations, and of a Power of Atlomey issued pursuant thereto, are true and correct. and that both the By-Laws. the Resolulion and the Power of Atlcmy am still in full force and effect. IN WITNESS WHEREOF, I have hereunto sel my hand and affixed the fawhile seal of said corporation this 8TH *YOf JULY , 2004 I -d?"- RA. PIERSON, SECRETARY - S0974tSAEF 7/98 @Registerad Uedirmsrk of SAFECO Corporaion. 11/11/1999 PDF BOND NO, NJA IMPBRTANT NOTICE TO SURETY BONO CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company of America, American States Insurance Company or American Economy Insurance Company). It. is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "sum€y insurance". This means that undet certain circum- stances we may be eligible for reimbursement of cerbin surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $1 00 billion cap for the total of all losses to be paid by ail insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond. the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of iaw. At this time there is no premium change resulting from this Act. State of California -.- County of San Diego On July 27, 2004 before me, Shannon Burke, Notary Public, personally appeared Kyle P. Nelson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. (SIGNATURE) Company Profile Page I of 2 Company Profile SAFECO INSURANCE COMPANY OF AMERICA STATE FILINGS C-2 SAFECO PLAZA SEATTLE, WA 98 185 800-332-3226 Former Names for Company Old Name: SELECTIVE AUTO & F INS CO AMER Effective Date: 11-02-1953 Agent for Service of Process DAWN JEWORSKI, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656 Unable to Locate theAgent for Service of Process? Reference Information NAIC #: 24740 NAIC Group #: - 0163 *.- .. California Company ID #: 1442-3 Date authorized in California: October 07, 1953 -.. License Status: UNLIMITED-NORMAL ' Company Type: Property & Casualty - - ._ -. State of Domicile: WASHINGTON ''- 1 Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~ut~.get~co~prof?p~EID=3 ... 7/27/2004 Company Profile Page 2 of 2 LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COME'ENS ATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in MY Area Financial Rating Organizations Last Revised - April 26,2004 02:22 PM Copyright Q California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~EID=3 ... 7/27/2004 GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC (“Greenbook”) and in the Supplemental Provisions to this Contract, especially, “Bid”, “Bidder”, ‘Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and ‘‘Work“ and the definitions in section 1-2 of the Supplemental Provisions especially “Own Organization.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder‘s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000) whichever is greater. Said name(s) and location@) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 10/08/03 Contract No. 34461 & 3887-H Page 32 of 85 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the Board of Directors in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the Board of Directors Council shall be final. F Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 10/08/03 Contract No. 34461 & 3887-H Page 33 of 85 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR’S BID ITEMS bJtADDL1? kubcontractor’s License NOj’ Page / of I pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 34 of 85 Pages .e I. BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Revised 10/08/03 Contract No. 34461 8t 3887-H Page 35 of 85 Pages BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge hidher responsibility, experience and skill. An attachment can be used. Date Amount Completed of the Employer of Person to Contract Type of Work Contract Contract Name and Address Name and Phone No. of @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 36 of 85 Pages 'a iii 5 w 3 M e3 OD 0 -0 0 . . -L Q M 0 8 ii co 8 -4 83 . a ,- 3 E. 3 c 3 0 3 a 9, A in 8 0 - BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE - LIABILITY AND WORKERS’ COMPENSATION - (To Accompany Proposal) CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: - Comprehensive General Liability Automobile Liability Workers Compensation Employer’s Liability 2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 37 of 85 Pages ACORD,. CERTIFICATE OF LIABILITY INSURANCE 07/03/2005 INSURED ,049993 Cass Construction, Inc. PO Box 309 El Cajon CA 92022 DATE (#M/DDNY) 09/23/2004 ~ INSURERA St. Paul Fire & Marine INSURER E Zurich American Ins. Co. INSURER C ERD. PRODUCER Lockton Insurance Brokers of San Diego, Inc 4275 Executive Square, Suite 600 License #OD95554 La Jolla CA 92037 - (858) 587-3100 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 'L AGGREGATE LIMIT APPLIES PER: LOC POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER DATE (MMIDWYY) DATE (MM/DWWl A LIMITS AUTOMOBILE LIABILITY ANY AUTO SCHEDULED AUTOS INSR LTR A NON-OWNED AUTOS TYPE OF INSURANCE GENERAL LIABILITY x- COMMERCIAL GENERAL LIABILITY 7 CLAIMSMADE OCCUR ~ IH 09/01/2005 tL. GARAGE LIABILITY EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (~ny one fire) s 100,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 I M ANYAUTO WC3676995-00 B $ xxxxxxx $ 1,000,000 07/03/2004 07/03/2005 X l~~~&~~s I E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ ~,ooo,ooo E.L. DISEASE - POLICY LIMIT $ ~,ooo,ooo EXCESS LIABILITY DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS LIABILITY - 21 12382 City of Carlsbad Attn: Purchasing Department 1635 Faraday Avenue Carlsbad CA 92008 i I I /OTHER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I/ v KC06 100 190 09/01 12004 KC06 100 1 90 BODILY INJURY (Per person) 18 xxxxxxx I BODILY INJURY (Per accident) 1s xxxxxxx [ I$ xxxxxxx I PROPERN DAMAGE (Per accident) ~~ NOT APPLICABLE NOT APPLICABLE AUTO ONLY: EACHOCCURRENCE $ xxxxxxx AGGREGATE $ xxxxxxx xxxxxxx IICLESWCLUSIONS ADDED BY ENDORSEMENTlSPECIAL PROVISONS DESCRIPTION OF OPERATIONSLOCATION~ *IO Day Notice of Cancellation for Non Payment. Re: Job # 1781 / El Camino Real & Cassia Road Domestic & Recycled Water Transmission Mains. Certificate holder is named as additional insured for general liability per attached endorsement. - ADDITIONAL PROTECTED PERSONS ENDORSEMENT - CONTRACTORS GENERAL LIABILITY - INCLUDING COMPLETED WORK This endorsement changes your Contractors Commercial General Liability Protection The St Paul How Coveracle is Chancled There are two changes which are described below. The following is added to the Who is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Additional protected person. The person or organization named below is an additional protected person as required by a contract or agreement entered into by you. But only for covered injury or damage arising out of: Your work for that person or organization; Your completed work for that person or organization if your contract or agreement requires such coverage; Premises you own, rent or lease from that person or organization; or Your maintenance, operation, or use of equipment leased from that person or organization. We explain what we mean by your work and your completed work in the Products and competed work total limit section. If the additional protected person is an architect, engineer , or surveyor, we won't cover injury or damage arising out of the performance or failure to perform. Architect, engineer, or surveyor professional services. Architect, engineer, or surveyor professional services includes: and The preparation of maps, drawings, opinions, reports, surveys, change orders, designs, or specification; Supervisory, inspection, or engineering services. - The following is added to the Other primary insurance section. This change broadens coverage. We'll consider this insurance to be primary to and non-contributory with the insurance issued directly to the additional protected persons listed below if: contributory insurance; or insurance. Your contract specifically requires that we consider this insurance to be primary or primary and non- Your request before a loss that we consider this insurance to be primary or primary and non-contributory Other Terms All other terms of your policy remain the same. Person Or Organization: The City of Carlsbad, its officials, employees and volunteers. Re: Job # 1781 I El Camino Real & Cassia Road Domestic and Recycled Water Transmission Mains Name of Insured: Policy Number: Effective Date: 9/1/2004 Cass Construction, Inc. KC061001 90 Processing Date: 9/1/2004 _- GO322 Rev. 12-97 Printed in U.S.A. Endorsement OSt. Paul Fire and Marine Insurance Co. 1997 All Rights Reserved Certificate ID : 2112382 Misc Attachment : M51376 ADDITIONAL INSURED ENDORSEMENT - COMMERCIAL AUTO TheSt Paul c This endorsement changes your Auto Liability Protection How Coverage is Changed There are two changes which are described below. The following is added to the Who is Protected Under This Agreement section of your Auto Liability Protection. This change broadens coverage a Additional protected person. The person or organization named below is an additional protected person as required by a contract or agreement entered into by you. But only for covered injury or damage that results from the ownership, maintenance, use, loading or unloading of a covered auto by: e You; a An employee of yours e Anyone who drives a covered auto with your permission or with the permission of one of your employees or agents. But this doesn't include the person or organization named below, or one of their employees or agents Other Terms All other terms of your policy remain the same. c Person Or Organization: The City of Carlbad, its officials, employees and volunteers Re: Job # 178 1 / El Camino Real & Cassia Road Domestic & Recycled Water Transmission Mains We'll consider this insurance to be primary to and non-contributory with the insurance issued directly to the additional protected persons listed below if a Your contact specifically requires that we consider this insurance to be primary or primary and non-contributory insurance; or a Your request before a loss that we consider this insurance to be primary or primary and non-contributory insurance. Name of Insured: Policy Number: Effective Date: 9/1/2004 Cass Construction, Inc. KC06100190 Processing Date: 9/1/2004 CA019 ED. 07-91 Printed in U.S.A. Endorsement QSt. Paul Fire and Marine Insurance Co. 1997 All Rights Reserved Page 1 of 1 Certificate ID : 21 12382 Misc Attachment : M51603 BIDDER’S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? J no 2) If yes, what wadwere the name(@ of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred - - agency agency period of debarment period of debarment BY CONTRACTOR: m GMW Cl&oJ,Z&. (name of Contractor) Page of pages of this Re Debarment form - a Revised 10/08/03 Contract No. 34461 & 3887-H Page 38 of 85 Pages -_ -- . BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor‘s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? J c Yes no 2) Has the suspension or revocation of your contractors license ever been stayed? - J no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? J Yes no 4) Has the suspension or revocation of the license of any subcontractor‘s that you propose to perform any portion of the york ever been stayed? no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. - -. (If needed attach additional sheets to provide full disclosure.) Page - 1 of 1 pages of this Disclosure of Discipline form - Revised 10/08/03 Contract No. 34461 & 3887-H Page 39 of 85 Pages BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. ._ (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: CMS Ce)Nsmew, twc. (name of Contract&) “ - c ,/&C6.- A. x/asu..-/ /A -qz 4CC F.??&JZP<+x-- (print namehitie) /- - - Page I of \ pages of this Disclosure of Discipline form - a Revised 10/08/03 Contract No. 34461 & 3887-H Page 40 of 85 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED PUBLIC CONTRACT CODE SECTION 7106 BY BIDDER AND SUBMllTED WITH BID CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS State of California ) County of 54d ~WO ) ) ss. , being first duly sworn, deposes (Name of Bidder) - and says that he or she is A%&+- Ute jdmp (Title) of CASS CO~~~O~ ,TU&. - (Name of Firm) - - the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in ‘a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the 17 R Sig&t6e of Bidder - Subscribed and sworn to before me on the Gw day of SkbA- , 20.4 . -- c ” (NOTARY SEA - Revised 10/08/03 Contract No. 34461 81 3887-H Page 41 of 85 Pages CONTRACT PUBLIC WORKS This agreement is made this 3ncc/ dayof , 209 by and between the Carlsbad Municipal Water District of Carlsbad, California, a munici al corporation, (hereinafter called “Districf‘), and CASS CONSTRUCTION INC. whose principal place of business is 1100 WAGNER DRIVE EL CAJON CA 92020 (hereinafter called “Contractor”). District and Contractor agree as follows: 1. for: Description of Work. Contractor shall perform all work specified in the Contract documents CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS (hereinafter called “project”) 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder‘s Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor‘s expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City‘s decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. e- @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 42 of 85 Pages 4. Payment. For all compensation for Contractor's performance of work under this Contract, District shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 Edition, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. - 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by District about underground conditions or other job conditions is for Contractor's convenience only, and District does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by District. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify District, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between District and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 11 01 -1 525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1 775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised 10/08/03 Contract No. 34461 & 3887-H Page 43 of 85 Pages 4- 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District or City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the District and the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the District and the City. Defense costs include the cost of separate counsel for the District, if District or City requests separate counsel. Contractor shall also defend and indemnify the District and City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the District and City. Defense costs include the cost of separate counsel for District City, if District or City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the District's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the District and City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. ,- Revised 10/08/03 Contract No. 34461 & 3887-H Page 44 of 85 Pages a. The District and the City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District or City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. - b. The Contractor's insurance coverage shall be primary insurance as respects the District and City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District or City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. to the District, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91 -403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. /c @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 45 of 85 Pages 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 201 04) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. - (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have’read and understand all provisions of Section 11 above. !h’ init &F 11 init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor‘s principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 - of the Labor Code are incorporated herein by reference. @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 46 of 85 Pages 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either patty, the Contract shall forthwith be physically amended to make such insertion or correction. c 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED (CORPORATE SEAL) CONTRACTOR: CP55 tOW~AC~,C\d, a&. (name of Contracfgr) - VE P . ~uzca - A2i. dice &s ,&d (print name and title) (sign here) (print dame and title) By: ...r M-n+ JkL /&/-QuA=4/ R DISTRICT, a ATTEST: Secretary President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL General Counsel By: Ddputy General Cobnsel @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 47 of 85 Pages State of California - County of San Diego On October 19, 2004 before me, Robert A. Merrick, Notary Public, personally appeared Kyle P. Nelson and Laura M. Nelson, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. (SIGNATURE) I EXECUTED IN DUPLICATE BOND NO. 6261520 PREMIUM: $24,797.00 FAITHFUL PERFORMANCENVARRANTY BOND WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, State of California, by Resolution No. 1223 , adopted September 14, 2004 , has awarded to CASS CONSTRUCTION INC. , (hereinafter designated as the “Principal”), a Contract for: CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS in the Carlsbad Municipal Water District, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Board of Directors (City Clerk of the City of Carlsbad), all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, CASS CONSTRUCTION INC., as Principal, (hereinafter designated as the “Contractor“), and SAFECO INSURANCE COMPANY OF AMERICA , as Surety, are held and firmly bound unto the Carlsbad Municipal Water District, in the sum of THREE MILLION, THREE HUNDRED NINETY-TWO THOUSAND, SEVEN HUNDRED THREE Dollars ($3,392,703.00), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to District or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. .c_ THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Carlsbad Municipal Water District, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneyk fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. c em tdRevised: 10/08/03 Contract No. 34461 & 3887-H Page 50 of 85 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. _- Executed by CONTRACTOR this 2‘Y ’* CONTRACTOR: CASS CONSTRUCTION, INC. (name of Contractor) (sign he re) L/ \,dLG 9. h)wa (print name here) A557. \I& Pn e& kG, JJzrErUcno$ .5 Mc. (Title and Organization of Signatory) \ - (sign here) /QclW m. X/p/safl (print name here) ~r ~5./reoo+y I 0 f (Title and Organization of sbnatory) v ;e -55 CoVlsJ flee L ft’Jn, c17 c , Executed by SURETY this 23RD dayof SEPTEMBER 12004 SURETY: SAFECO INSURANCE COMPANY OF AMERICA (name of Surety) 330 N. BRAND BOULEVARDy SUITE 1000 CLENDALE, CA 91203 (address of Surety) 81 8-956-4200 (telephone number of Surety) / (signature,.at/Atth$ey-in-Fact) JACK C. LUP I EN ATTORNEY - I N-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant Secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel By: Deputy GenerarCouhsel( Revised 10/08/03 Contract No. 34461 & 3887-H Page 51 of 85 Pages State of California County of San Diego On October 1, 2004 before me, Shannon Burke, Notary Public, personally appeared Kyle P. Nelson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. 1 (SIGNATURE) State of California /"- County of San Diego On October 1, 2004 before me, Shannon Burke, Notary Public, personally appeared Laura M. Nelson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. (SIGNA=) P State of California ) County of San Dieno ) On September 23, 2004 before me, Maria Hallmark, Notary Public, personally appeared Jack G. Lupien, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. POWER r A E O' OFATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEAITLE. WASHINGTON 98ia5 No. 5528 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ********JACK G LUPIEN; DALE G. HARSHAW; GEOFFREY SHELTON; TARA BACON; CAROL.YN M KERL; WILLIAM L POPE; San Diego. California********* its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fdeiity and surety bonds or undertakings and other documents of a similar character issued In the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of July , 2004 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking " Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Sacretary or an assistant secretary of the Company setting out, (i) The provisions of Arllde V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certifi that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 23RD day of SEPTEMBER , 2004 . CHRISTINE MEAD, SECRETARY - SD974lSAEF 2/01 8 A registered trademark 01 SAFECO Corpmtlon 0712a12004 PDF EXECUTED IN DUPLICATE LABOR AND MATERIALS BOND BOND NO. 6261520 PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, the Board of Directors of the City of Carlsbad, State of California, by Resolution No. 1223 , adopted SeDtember 14,2004, has awarded to CASS CONSTRUCTION INC. (hereinafter designated as the “Principal”), a Contract for: CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Board of Directors (City Clerk of the City of Carlsbad) and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. I NOW, THEREFORE, WE, CASS CONSTRUCTION INC. , as Principal, (hereinafter designated as the “Contractof), and SAFECO INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of THREE MILLION, THREE HUNDRED NINETY-TWO THOUSAND, SEVEN HUNDRED THREE Dollars ($3,392,703.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney’s fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the em \#Revised: 10/08/03 Contract No. 34461 & 3887-H Page 48 of 85 Pages same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. - In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ,?F' Executed by SURETY this 23RD day CONTRACTOR: SURETY: CASS CONSTRUCTION, INC. SAFECO INSURANCE COMPANY OF AMERICA (name of Contractor) (name of Surety) 330 N. BRAND BOULEVARD, SUITE 1000, CLENDALE, CA 91203 d/ (sign he re) (address of Surety) I($& Pq $3503 81 8-956-4200 , (print name here) (telephone number of Surety) PbST \IICO pa-. OF P h%s ~~UCTl~4 srrrf/ (title and organization of signatory) By: m.4 A I (sign here) JACK C. L UPIEN. ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) ~qurq fi, /e/Ldn (attach corporate resolution showing current power of attorney) (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 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel By: - Deputy General coubsel %#Revised: 10/08/03 Contract No. 34461 & 3887-H Page 49 of 85 Pages State of California County of San Diego On October 1, 2004 before me, Shannon Burke, Notary Public, personally appeared Kyle P. Nelson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. 2 (SIGNATURE) State of California County of San Diego On October 1, 2004 before me, Shannon Burke, Notary Public, personally appeared Laura M. Nelson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. . (SIGNATURE) c ”..- State of California ) County of San Diego - ) On September 23, 2004 before me, Maria Hallmark, Notary Public, personally appeared Jack G. Lupien, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. POWER .- A E O" OFATTORNEY SAFECO INSURANCE CQMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON wia5 No. 5628 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each LUPIEN; DALE G HARSHAW; GEOFFREY SHELTON; TARA BACON; CAROLYN M KERL; WILLIAM L POPE San Diego, California* **** * * ** its true and lawful attorney(s)-In-fact, with full authority to execute on its behalf Welity and surely bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of July , 2004 C H RlSTl N E MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the ofiicer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of Its business ... On any instrument making or evidencing such appointment, the signatures may be afiixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaklng " Extract from a Resolutlon of the Board of Direclors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. I "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolutlon of the Board of Directors of these corporations, and of a Power of Attorney iSSlJed pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 23RD day of SEPTEMBER , 2004 . CHRISTINE MEAD, SECRETARY e S-O974/SAEF 2/01 Q A registered trademark of SAFECO Corporation 07/28/2004 PDF BOND NO. 6261520 IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company of America, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circum- stances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. 56248 3/03 :EXECUTED IN DUPLICATE BOND NO. 6261520 PREMIUM: $24,797.00 FAITHFUL PERFORMANCENVARRANTY BOND WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, State of California, by Resolution No. 1223 , adopted September 14, 2004 , has awarded to CASS CONSTRUCTION INC. , (hereinafter designated as the "Principal"), a Contract for: CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30" AND 24" POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18" AND 20" RECYCLED WATER TRANSMISSION MAINS in the Carlsbad Municipal Water District, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Board of Directors (City Clerk of the City of Carlsbad), all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, CASS CONSTRUCTION INC., as Principal, (hereinafter designated as the "Contractof), and SAFECO I NSURANCE COMPANY OF AMERICA , as Surety, are held and firmly bound unto the Carlsbad Municipal Water District, in the sum of THREE MILLION. THREE HUNDRED NINETY-TWO THOUSAND, SEVEN HUNDRED THREE Dollars ($3,392,703.00), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to District or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. - THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Carlsbad Municipal Water District, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. - em %#Revised: 10/08/03 Contract No. 34461 & 3887-H Page 50 of 85 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ?gg’ Executed by SURETY this 23RD day of -c-- fl CONTRACTOR: SURETY: CASS CONSTRUCTION, INC. SAFECO INSURANCE COMPANY OF AMERICA (name of Contractor) (name of Surety) 330 N. BRAND BOULEVARD, SUITE 1000 By: CLENDALE, CA 91203 d’ (sign here) (address of Surety) Kylc; P I JL%UtJ 81 8-956-4200 (print name here) (telephone number of Surety) kx J,c&!s & (1\pu t*hI 5nLuenow *. (Title and Organization of Signatory) JACK C.LUPIEN, ATTORNEY-IN-FACT 44- (printed name of Attorney-in-Fact) - (sign he re) L-QW-Q M , hwkd4 (Attach corporate resolution showing current (print name here) (Title and Organization of signkory) power of attorney.) 070 cas5 C0,n Lfpu cflr3rl, LYI C, uei e A- es,/Se c P e fyy Y (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel By: Deputy General Counsel I-- <$ Revised 1OlO8IO3 Contract No. 34461 & 3887-H Page 51 of 85 Pages State of California ,- County of San Diego On October 1, 2004 before me, Shannon Burke, Notary Public, personally appeared Kyle P. Nelson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. (SIGNATUFU3) State of California .- County of San Diego On October 1, 2004 before me, Shannon Burke, Notary Public, personally appeared Laura M. Nelson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal (SIGNATURE) State of California ) County of San Diego ) On September 23, 2004 before me, Maria Hallmark, Notarv Public, personally appeared Jack G. Lupien, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. - WITNESS my hand and official seal. POWER - A E O" OFATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEAITLE. WASHINGTON 98185 No. 5628 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ********JACK G LUPIEN; DALE G HARSHAW, GEOFFREY SHELTON, TAU BACON; CAROLYN M KERL, WILLIAM L POPE; San Diego, California********* its true and lawful attomey(s)-In-fad, with full authority to execute on its behalf fdelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of July , 2004 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking " Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28.1970. I "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 23RD day of SEPTEMBER , 2004 . CHRISTINE MEAD, SECRETARY - S-O974/SAEF 2/01 0 A registered irademark of SAFECO Corporation 07/28/2004 PDF EXECUTED IN WPLICATE LABOR AND MATERIALS BOND BOND NO. 6261520 PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, the Board of Directors of the City of Carlsbad, State of California, by Resolution No. 1223 , adopted September 14,2004, has awarded to CASS CONSTRUCTION INC. (hereinafter designated as the “Principal”), a Contract for: CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Board of Directors (City Clerk of the City of Carlsbad) and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, CASS CONSTRUCTION INC. , as Principal, (hereinafter designated as the “Contractor“), and SAFECO INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of THREE MILLION, THREE HUNDRED NINETY-TWO THOUSAND, SEVEN HUNDRED THREE Dollars ($3,392,703.00). said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. - THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney’s fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the ,- tpRevised: 10/08/03 Contract No. 34461 & 3887-H Page 48 of 85 Pages same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the -c". specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ZY rK Executed by SURETY this 23RD day day of ~~P~,-cs~~.x 819 * of SEPTEMBER ,m 2004. ZUOV CONTRACTOR: SURETY: CASS CONSTRUCTION, INC. SAFECO INSURANCE COMPANY OF AMERICA (name of Contractor) (name of Surety) 330 N. BRAND BOULEVARDy SUITE 1000, CLENDALE, CA 91203 J (address of Surety) By: (sign here) KUE P.Nt%%/J 81 8-956-4200 (print name here) (telephone number of_Surety) /) bT* (title &e6 and PAe. organization 06 w> cou4'ipLcAkm,,r9c. of signatory) By: 'I - &pJ 4kPk f- ByAA (sign here) JACK C. LUPIEN. ATTORNEY-IN-FACT - (printed name of Attorney-in-Fact) LsLLm m* A/4dt? G? ss co /I-SfPuc"l'avl, 44 (print name here) C. (title and organization ofsignatory) (attach corporate resolution showing current power of attorney) vrie fpes./.secrelLspjy d-f I (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 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel By: Depcty General C'ou)(sel - e- %SRevised: 10/08/03 Contract No. 34461 & 3887-H Page 49 of 85 Pages State of California _- County of San Diego On October 1, 2004 before me, Shannon Burke, Notary Public, personally appeared Kyle P. Nelson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. I (SIGNATURE) State of California ,/- County of San Diego On October 1, 2004 before me, Shannon Burke, Notary Public, personally appeared Laura M. Nelson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. NOTARY PUBLIC-CALIFORNIA (SIGNATURE) State of California ) County of San Diego ) On September 23, 2004 before me, Maria Hallmark, Notary Public, personally appeared Jack G. Lupien, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. POWER A E a OFATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 5628 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ********JACK G LUPIEN; DALX G HARSHAW, GEOFFREY SHELTON; TAU BACON; CAROLYN M KERL; WILLIAM L POPE; San Diego, California********* its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of July , 2004 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and olher documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. - "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 23RD day of SEPTEMBER , 2004 . CHRISTINE MEAD, SECRETARY #- S-09741SAEF 2/01 Q A registered trademark of SAFECO Corporatlon 07/28/2004 PDF BOND NO. 6261520 IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company of America, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circum- stances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. 5-6248 3/03 OPTIONAL ESCROW AGREEMENT.FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad, Carlsbad Municipal Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called “District” whose address is he rein afte r called “Contractor” and whose address is hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS in the amount of dated (hereinafter referred to as the “Contract”). Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the District within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner. 2. The District shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the District makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the District pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the District. These expenses and payment terms shall be determined by the City, District, Contractor and Escrow Agent. - @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 52 of 85 Pages 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the District. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. - 7. The District shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City or District. 8. Upon receipt of written notification from the District certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the District, and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District, and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the District, and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For District: Title FINANCE DIRECTOR I Name Signature Address For Contractor: For Escrow Agent: Title Name Signature Address Title Name Signature Add res At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. - Revised 10/08/03 Contract No. 34461 & 3887-H Page 53 of 85 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. - For District: For Contractor: For Escrow Agent: a Revised 10/08/03 Title PRESIDENT Name Signature Address Title Name Signature Address Title Name Signature Address Contract No. 34461 & 3887-H - ~~ Page 54 of 85 Pages SUPPLEMENTAL PROVISIONS FOR CONTRACT NO. 34461 EL CAMINO REAL AND CASSIA ROAD 30” AND 24” POTABLE WATER TRANSMISSION MAINS CONTRACT NO. 3887-H EL CAMINO REAL AND CASSIA ROAD 18” AND 20” RECYCLED WATER TRANSMISSION MAINS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS - 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words “shown”, “indicated”, “detailed”, “noted”, “scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words “directed”, “designated”, “selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to properly complete the work as required and as approved by the Engineer,” unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression “in the opinion of the Engineer”, unless otherwise stated. Where the words ”approved”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. c ?@ Revised 10/08/03 Contract No. 34461 & 3887-H Page 55 of 85 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. - Agency - the City of Carlsbad, California. and the Carlsbad Municipal Water District. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or hisher approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. - Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts ........................................ Apartment and Apartments Bldg ........................................ Building band Buildings CMWD .................................... Carlsbad Municipal Water District CSSD .................................... Carlsbad Supplemental Standard Drawings cfs ........................................... Cubic Feet per Second Comm .................................... .Commercial DR .......................................... Dimension Ratio E ............................................. Electric Revised 10/08/03 Contract No. 34461 & 3887-H Page 56 of 85 Pages G ............................................. Gas gal ........................................... Gallon and Gallons Gar ......................................... Garage and Garages GNV ........................................ Ground Not Visible gpm ........................................g allons per minute IE ............................................ Invert Elevation LCW D ..................................... Leucadia County Water District MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12) MTBM ................................... ..Microtunneling Boring Machine NCTD ..................................... North County Transit District OHE ........................................ Overhead Electric OMWD ................................... Olivenhain Municipal Water District ROW ...................................... Right-of-way S ............................................. Sewer or Slope, as applicable SDNR ..................................... San Diego Northern Railway SDRSD ................................... San Diego Regional Standard Drawing SFM ........................................ Sewer Force Main T ............................................. Telephone UE .......................................... Underground Electric W ............................................ Water, Wider or Width, as applicable VWD ....................................... Vallecitos Water District P SECTION 2 -- SCOPE AND CONTROL OF THE WORK - 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perforrnance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). c a Revised 10/08/03 Contract No. 34461 & 3887-H Page 57 of 85 Pages Both bonds shall extend in full force and effect and be retained by the Agency during this project until - they are released according to the provisions of this section. I The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. instrument entitling or authorizing the person who executed the bond to do so. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. I 2-5 PLANS AND SPECIFICATIONS. - 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2003 Edition, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of two (2) sets. The first set is designated as City of Carlsbad Drawing No. 394-1 and consists of 20 sheets. The second set is designated as City of Carlsbad Drawing No. 414-4 and consists of 22 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMW DSD, as issued iby the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. I e Revised 10/08/03 Contract No. 34461 & 3887-H Page 58 of 85 Pages - 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) State Water Resources Control Board Requirements. 7) Reference Specifications. 8) Manufacturer’s Installation Recommendations. Permits from other agencies as may be required by law. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The Letter of transmittal shall contain the following: 1 ) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor’s certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. - When submitted for the Engineer’s review, Shop Drawings shall bear the Contractor‘s certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: ”I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.” By: Title: Company Name: a Revised 10/08/03 Contract No. 34461 & 3887-H Page 59 of 85 Pages Add the following: - 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete ”as-built” record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (IO) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-9 SURVEYING 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by 55 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes{ grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8 12)) by 11”) paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, field crew members and preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS ‘Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with $5 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under 55 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-IO type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field - Revised 10/08/03 Contract No. 34461 & 3887-H Page 60 of 85 Pages __ surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Conduit 0 x Minor Structure Miscellaneous 6 Contour Grading rn - Utilities 0, 0 Channels, Dikes & Ditches 0 Signs 0 Pavement Markers0 0 Staking for feati Stake Description 0 RP + Marker Stake RP + Marker Stake + Line Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line ’oint +Guarc Stake RP 3 may be orr Centerline or Parallel to Centerline Spacing@, 0 I 15 m (50’) on tangents & curves when R2 300m (1000’) & I 7.5m (25’) on curves when R I 300m (1 000’) or where grade I 0.30% for catch basins: at centerline of box, ends of box & wings & at each end of the local depression 6 I15 m (50’) I 15 m (50’) on tangents & curves when R2 300m (1 000’) & I 7.5m (25’) on curves when R I 3bOm (1 000’) or where grade I 0.30% intervisible & I30 m (loo’), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location 60 m (200’) on tangents, 15m (50’) on curves when R 2 300m (1 000’) &7.5m (25’) on curves when R I300m (1000’) For PCC surfaced streets lane cold joints will suffice ed when adjacent marker stakes reference tl Lateral Spacing 0, Q as appropriate as appropriate along contour line as appropriate as appropriate Line point at pavement marker location(s) Setting Tolerance (Within) 10 mm (781)) Horizontal & when depth cannot be measured from existinp pnavement 7 mm ( /4 ) Vertical 10 mm Horizontal & 7 mm ( /4”) Vertical (when vertical data needed) 30 mm (0.1’1 Vertical & Horizontal 10 mm Horizontal & 7 mrn ( /4”) Vertical 30 mm (0.1’) Horpontal& 7 mm ( /Z) Vertical 30 mm (0.1’) Vertical & Horizontal 7 mm (’/Z) Horizontal ! offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature @ (3 Perpendicular to centerline. 0 Some features are not necessarily parallel to centerline but are referenced thereto 61 Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature 0 2 means greater than, or equal to, the number following the symbol. 5 means less than, or equal to, the number fol- lowing the symbol. 0 The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table - other utilities shall be the top of their pipe or conduit. a Revised 10/08/03 Contract No. 34461 & 3887-H Page 61 of 85 Pages All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer _- flagging. psint and marking cards shall be the color specified in TABLE 2-9.2.2(6) -~ ~ Vertical Control Bench marks Cleaiing Limits of clearing Gmhg -I,- I Slope, intermediate slope, abutment fill, rough grade, contour grading, final TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking White/Orange Yellow/Biack Yellow Type of Stake I Description 1 Color* Ho:izontal Control I Coordinated control points, control lines, control reference points, centerline, 1 W hite/Red --mr StrttcLrre (11 Drainage, Sewer, Curb I* grade. etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm White Blue -*- Fi.ght-3f-Way Miscellaneous -- drains, slope protection, curbs, gutters, etc. Fences, R/ W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. WhiteNellow Orange * F1;:Fging and marking cards, if used. Ado tne foiicwing section: 2-9.2.3 Paknzant for Survey, Payment for work performed to satisfy the requirements of Sections 2- 9 1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additma! pajment will be made. Extension of unit prices for extra work shall include full ccmpensation for attendant survey work and no additional payment will be made therefor. Payment fo; +vie repiacement of disturbed monuments and the filing of records of survey and/or corner rc :or&, incb ding filing fees therefor, shall be incidental to the work necessitating the disturbance of sai -! rmrrrimc:?ts and no additional payment will be made therefor. - Z-40 &llTt+f,?RITY OF BOARD AND ENGINEER. Adt1 the fn:iowing section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of a,! records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer rray roguEst. Add the following section: 2-’fQ.2 budit And Inspection, Contractor agrees to maintain and/or make available, to the Encjii.\wr, within San Diego County, accurate books and accounting records relative to all its shai; P:avs iiw right to monitor, assess, and evaluate Contractor‘s and its subcontractors performance purs:xmt to tkis Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contmtar’s staff and the staff of all subcontractors to this contract. At any time during normal biisiness hmrs and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all sc,bcon:ractors to this contract, records with respect to all matters covered by this Contract and will permit .the Erigineer to audit, examine, copy and make excerpts or transcripts from such data and records, and !.o make audits of all invoices, materials, payrolls, records of personnel, and other data relatirg io ali matters covered by this Contract. However, any such activities shall be carried out in a maii,w so es to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be :cqi:i:ed by applicable laws and regulations. ac)’ _, L,;i t i G3 (4 =tn? to contractually require all subcontractors to this Contract to do the same. The Engineer - ?@ Revised 10/08/03 Contract No. 34461 & 3887-H Page 62 of 85 Pages SECTION 3 -- CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Work by Contractor. The following percentages shall be added to the Contractor’s costs and c 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. _I a Revised 10/08/03 Contract No. 34461 & 3887-H Page 63 of 85 Pages The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. - The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.’’ By: Title: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. - 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. Revised 10/08/03 Contract No. 34461 & 3887-H Page 64 of 85 Pages ~ ~~~ .- The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 201 04) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 31 00 and 31 06 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (6) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. .- 201 04.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. .- Revised 10/08/03 Contract No. 34461 & 3887-H Page 65 of 85 Pages (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. - 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 11 41 .ll of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .lo) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or - arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. - Revised 10/08/03 Contract No. 34461 & 3887-H Page 66 of 85 Pages SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. _- Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the - a Revised 10/08/03 Contract No. 34461 & 3887-H Page 67 of 85 Pages Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. - SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. -. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 20 calendar days after receipt of the “Notice to Proceed”. Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6- 4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. .-. @ Revised 10/08/03 Contract No. 34461 8,3887-H Page 68 of 85 Pages _- Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. Add the following section: 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. Add the following section: 6-1.2.1 lime-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. Add the following section: 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. - Add the following section: 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 95 compatible “Suretrak” program by Primavera or “Project” program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5”) data disk with all network information contained thereon, in a format readable by a Microsoft Windows 95 system. The Agency will use a “Suretrak”, “Project” or equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a scheduling program other than the “Suretrak” program by Primavera or “Project” program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:OO a.m. and 5:OO p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. Revised 10/08/03 Contract No. 34461 & 3887-H Page 69 of 85 Pages Add the following section: h 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4. -_ Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Add the following section: 6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer. The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. - Revised 10/08/03 Contract No. 34461 & 3887-H Page 70 of 85 Pages - The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1.2.1 0.1 through 6-1.2.1 0.3. Add the following section: 6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in,accordance with section 6-1.8.1. Add the following section: 6-1.2.1 0.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: 6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer. Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. _- Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started andlor completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. Add the following section: 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3‘1;) high density diskette, labelled with the project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6-1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. Add the following section: 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. - a Revised 10108103 Contract No. 34461 & 3887-H Page 71 of 85 Pages Add the following section: 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. Add the following section: 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked “Not Accepted”. Add the following section: 6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with section 6-1.8.2. Add the following section: 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1 .a.2. Add the following section: 6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility. Add the following section: 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule. --4 Contract No. 34461 & 3887-H ~~ @ Revised 10/08/03 ~~ Page 72 of 85 Pages c. Add the following section: 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. As used in this subsection “substantially different” means a time variance greater than 5 percent of the number of days of duration for the project. Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1.4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. Add the following section: 6-1.8 Measurement and Payment. Construction Schedule will be paid for at the stipulated lump sum price. The stipulated lump sum price paid for Construction Schedule shall include full compensation for furnishing all labor, materials including, but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer. The Engineer’s determination that each and any construction schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be precedent to each and any payment for the Construction Schedule. Payments for Construction Schedule will be made as per sections 6-1.8.1 through 6-1.8.3. _I Add the following section: 6-1.8.1 Initial Payment. Twenty Five Percent (25%) of the stipulated lump sum bid for the Construction Schedule will be made when the Engineer has accepted a Construction Schedule for this project Add the following section: 6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of up to Fifty Percent (50%) of the stipulated lump sum bid for the Construction Schedule divided by the number of months indicated on the approved construction schedule will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as required herein, that the Engineer has accepted as sufficient within the month that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked “Accepted” by the Engineer on or before the twentieth working day of the month such monthly updated construction schedule is due per section 6-1.3 Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule. Revised 10/08/03 Contract No. 34461 & 3887-H Page 73 of 85 Pages Add the following section: - 6-1.8.3 Concluding Payment. A Final payment of Twenty Five Percent (25%) of the stipulated lump sum bid for the Construction Schedule will be made when both one hundred percent of the contract work is completed and the Engineer has accepted a final construction schedule update prepared and submitted by the Contractor as required herein that shows the actual beginning and ending dates and all other data that is required for baseline and update schedules for each activity shown on the baseline construction schedule and updates thereto that the Engineer accepted for this project. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes construction of 24-inch and 30-inch diameter CML tape wrapped and motor coated welded steel potable water transmission mains, 18-inch and 20-inch PVC recycled water transmission mains, 1 2-inch PVC pipe, 8-inch PVC pipe, and appurtenances as shown on the drawings. The following descriptions outlining the order of work are provided for the Contractor’s review and information. The descriptions are overviews only and shall not relieve the Contractor from its responsibilities to perform the coordination and work in accordance with the plans and specifications. Some phases or portions of phases may overlap each other and/or occur during the same time period for. 0 Pothole existing utilities, existing 12” recycled water lateral, connection points, and provide any conflicting data to the Engineer for review and modification to proposed pipeline. Notify existing utility owners prior to construction. Submit shop drawings for approval and construct temporary 12 recycled water highline. Construct and test recycled water pipelines as indicated in the Construction Sequence provided on the plans. Construct and test potable water pipelines as indicated in the Construction Sequence provided on the plans. Notify the City of Carlsbad prior to connecting to existing pipelines. Remove temporary caps, thrust blocks, and make connections to existing pipelines per plans. Remove construct temporary 12” recycled water highline. 0 0 0 0 0 0 - Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, ‘The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. a Revised 10/08/03 Contract No. 34461 & 3887-H Page 74 of 85 Pages .- 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 195 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. No work involving Traffic Control shall be performed by the contractor between the hours and/or dates that are listed on the Traffic Control Plans. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Contractor is hereby advised that the Engineer will require after hours and weekend work on an interim basis to accomplish a portion of the Traffic Control Work. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion’’ to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. __ Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand dollars ($1,000). Execution of the Contract shall constitute agreement by the Agency and Contractor that one thousand dollars ($1,000) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. - e Revised 10/08/03 Contract No. 34461 8,3887-H Page 75 of 85 Pages SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR -- 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. - 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. -- Contract No. 34461 & 3887-H Page 76 of 85 Pages ~~ ~ ~~~ - Revised 10/08/03 - 7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan that is required to be developed for this project in accordance with the California State Water Resources Control Board order number 92-08- DWQ, NPDES General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activiv Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City‘s contracted waste disposal company, Coast Waste Management at 929-941 7. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. - The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24 hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-112 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix “A”. In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. c Revised 10/08/03 Contract No. 34461 & 3887-H ~~ ~~~ Page 77 of 85 Pages The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. - 7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following : 1) The Engineer ...................................................................................... (760) 438-1161 X-4411 2) Carlsbad Fire Department Dispatch .................................................. (760) 931 -21 97 3) Carlsbad Police Department Dispatch ............................................... (760) 931 -21 97 4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations .................................................. (760) 438-1 161 X4500 6) North County Transit District .............................................................. (760) 743-9346 7) Coast Waste Management ................................................................ (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at hidher sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. -. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 21 0-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 21 0-1.6for materials and section 31 0-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of -’ Revised 10/08/03 Contract No. 34461 & 3887-H Page 78 of 85 Pages - the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-1 0.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than (insert minimum acceptable lateral safety buffer distance, eg. 1.8 m (6’))’ nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable shy distance, eg. 0.6 m (2’)) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. - During the entire construction, a minimum of (insert appropriate number of lanes) paved traffic lanes, not less than (insert appropriate minimum lane widths, eg.3.6m (12’)) wide, shall be open for use by public traffic in each direction of travel. Add the following section: 7-1 0.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS “Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. ,--- Revised 10/08/03 Contract No. 34461 & 3887-H Page 79 of 85 Pages Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control System for Lane Closure” of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer’s written approval of said plan. Add the following section: 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. - Revised 10/08/03 Contract No. 34461 & 3887-H Page 80 of 85 Pages 1 Add the following section: 7-1 0.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. The Contractor may choose to modify, add to or supplement the TCP shown on sheets of Drawing No. 394-1 and 414-4 of the contract documents or substitute TCP to further its own interests. Such substitution shall be prepared in type and kind as sheets of Drawing No. 394-1 and 414-4. The level of detail, format, and graphics shall be of quality and size no less than shown on sheets of Drawing No. 394-1 and 414-4. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. - Add the following section: 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefor. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. - @ Revised 10/08/03 Contract No. 34461 & 3887-H Page 81 of 85 Pages Add the following section: x 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 -- MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. - 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion” 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the Supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure. properly submitted supplemental payment request from the Contractor. If payment of the undisputed 4 Contract No. 34461 & 3887-H ~~ Revised 10/08/03 ~ Page 82 of 85 Pages -c Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. .- 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. c Revised 10/08/03 Contract No. 34461 & 3887-H Page 83 of 85 Pages - Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefor in the bid schedule, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. Revised 10/08/03 Contract No. 34461 & 3887-H Page 84 of 85 Pages APPENDIX “A” RESIDENT NOTIFICATION EXAMPLE CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (76O)XXX-XXXX FIELD # (76O)XXX-XXXX )ear resident: 4s a part of the City of Carlsbad’s ongoing program to maintain its streets, your street will be resurfaced with a layer of asphalt concrete iver the existing roadway surface. This construction will require the clos- ng of your street to through traffic for one day. Your street, from XYZ St. :o XYZAve. will be closed to through traffic and resurfaced on: ‘rom 7:OOA.M. to 5:OO P.M. If you don’t plan to leave your home by 7:OO A.M. on the above date >lease park your car on an adjacent street in your neighborhood that will lot be resurfaced. Streets scheduled for resurfacing can be determined >y calling either the Contractor or the City of Carlsbad Engineering In- spection Department. When walking to and from your car, remember not :o walk on the newly overlaid street or you will have black residue on the 3ottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering pur lawns, washing cars, etc., approximately 6-8 hours after the asphalt s laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for :he city and you may call them at (76O)XXX-XXXX if you have any questions regarding the project. Resur- ‘acing of your street will not occur on the day your trash is collected. Mail Jelivery may be delayed if the postman cannot reach the mailbox that Jay. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which :annot be addressed by the Contractor, you may call the City‘s Engineer- ng Inspection Department at 438-1 161 x4323. Thank you for your cooperation as we work to make a better City of 2arlsbad. MON. TUE. WED. THU. FRI. DATE: .- Revised 10/08/03 Contract No. 34461 & 3887-H Page 85 of 85 Pages r^- STATE OF CALIFORNIA, WATER RESOURCE CONTROL BOARD CONTRACT REQUIREMENTS BOILERPLATE 1 - STATE WAGE RATE CLAUSES (Facilities Plan Approval after June 18, 1998, Federal Wage Rates are not required) Pursuant to Sections 1720 et seq., and 1770 et seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations for public works projects of more than one thousand dollars ($1,000). Copies of such prevailing rate or per diem wage are on file at City of Carlsbad which copies shall be made available to any interested party on request. The successful bidder shall post a copy of such determinations at each job site. The successful bidder intending to use a craft or classification not shown on the prevailing rate determinations may be required to pay the rate of the craft or classification most closely related to it. 2- LABOR CODE SECTION 1776 COMPLETE PAYROLL RECORDS: CERTIFIED AND AVAILABLE (a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, and straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the c public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or finished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. - BP-1 (f) The contractor shall inform the body awarding the contract of the location of the records enumerated under .---. subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. (g) The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifjmg in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10- day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. These stipulations shall fix the responsibility for compliance with this section on the prime contractor. (i) The director shall adopt rules consistent with the California Public Records Act, (Chapter 3.5 (commencing with Section 6250), Division 7, Title 1, Government Code) and the Information Practices Act of 1977, (Title 1.8 (commencing with Section 1798), Part 4, Division 3, Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. 3- LABOR CODE SECTION 1777.5 EMPLOYMENT OF PROPERLY REGISTERED APPRENTICES Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed, and shall be employed only at the work of the craft or trade to which he or she is registered. Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written - apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3, are eligible to be employed on public works. The employment and training of each apprentice shall be in accordance with the apprenticeship standards and apprentice agreements under which he or she is training. When the contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him or her, in performing any of the work under the contract or subcontract, employs workers in any apprenticeable craft or trade, the contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship committee or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contract award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates, but, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentices work for every five hours of labor performed by a journeyman. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen . - Any ratio shall apply during any day or potion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship committee, is employed at the job site and shall be computed on the basis of the hours worked BP-2 during the day by journeymen so employed, except for the land surveyor classification. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. The contractor or subcontractor, if he or she is covered by this section, upon the issuance of the approval certificate, or if he or she has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the contractor that he or she employs apprentices in the craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio as set forth in this section. This section shall not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000) or 20 working days . Any work performed by a journeyman in excess of eight hours per day or 40 hours per week, shall not be used to calculate the hourly ratio required by this section. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met: (a) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (b) The number of apprentices in training in such area exceeds a ratio of 1 to 5 . (c) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis, or on a local basis. (d) Assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. When exemptions are granted to an organization which represents contractors in a specific trade from the 1 -to-5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subcontractor under him or her, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he or she employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to accept the funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The contractor or subcontractor may add the amount of the contributions in computing his or her bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of the contributions to the fimd or funds as set forth in Section 227. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. All decisions of the joint apprenticeship committee under this section are subject to Section 308 1. BP-3 4- LABOR CODE SECTION 18 10 DEFINITION: A LEGAL DAY’S WORK Eight hours labor constitutes a legal day’s work in all cases where the same is performed under the authority of any law of this State, or under the direction, or control, or by the authority of any officer of this State acting in his official capacity, or under the direction, or control or by the authority of any municipal corporation, or of any officer thereof A stipulation to that effect shall be made a part of all contracts to which the State or any municipal corporation therein is a Party. 5- LABOR CODE SECTION 18 13 PENALTY FOR OVERTIME ON ANY PUBLIC WORK CONTRACT The contractor shall, as a penalty to the State or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each workman employed in the execution of the contract by the contractor or by any subcontractor for each calendar day during which such workman is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted therein a stipulation to this effect. The awarding body shall take cogmzance of all violations of this article committed in the course of the execution of the contract, and shall report them to the officer of the State or political subdivision who is authorized to pay the contractor money due him under the contract. 6- LABOR CODE SECTION 18 15 MMMUM OVERTIME PAY Notwithstanding the provisions of Sections 18 10 to 18 14, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1.5) times the basic rate of pay. 7- LABOR CODE SECTION 1860 CONTRACT PROVISION The awarding body shall cause to be inserted in every public works contract a clause providing that, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. 8- LABOR CODE SECTION 1861 CONTRACTOR CERTIFICATION TO LABOR CODE SECTION 3700 Each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work of the contract: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers‘ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 9- CULTURAL RESOURCES In accordance with the National Historic Preservation Act of 1966, (16 U.S.C. 470), the following procedures are implemented to insure historic preservation and fair compensation to the Contractor for delays attendant to cultural resources investigations. In the event potential Historical, Architectural, Archeological, or Cultural Resources (herein after cultural resources) are discovered during subsurface excavations at the site of construction, the following procedures shall be instituted: 1) at the location of such potential cultural resources find. The Engineer shall issue a “Stop Work Order” directing the Contractor to cease all construction operations BP-4 2) Such “Stop Work Order” shall be effective until such time as a qualified archeologist can be called to assess the value of these potential cultural resources and make recommendations to the State Water Resources Control Board Cultural Resources Officer. Any “Stop Work Order” shall contain the following: a) b) c) d) e) A clear description of the work to be suspended; Any instructions regarding issuance of further orders by the Contractor for material services; Guidance as the action to be taken on subcontracts; Any suggestions to the Contractor as to minimization of his costs; Estimated duration of the temporary suspension. If the archeologist determines that the potential find is a bonafide cultural resource, at the direction of the State Water Resources Control Board Cultural Resources Officer, the Engineer shall extend the duration of the “Stop Work Order” in writing, and the Contractor shall suspend work at the location of the find. Equitable adjustment of the construction contract shall be made in the following manner: 1) Time Extension If the work temporarily suspended is on the “critical path”, the total number of days for which the suspension is in effect shall be added to the number of allowable contract days. If a portion of work at the time of such suspension is not on the “critical path”, but subsequently becomes work on the critical path, the allowable contract time will be computed from the date such work is classified as on the critical path. 2) Additional ComDensation If, as a result of a suspension of the work, the Contractor sustains a loss which could not have been avoided by his judicious handling of forces, and equipment, or redirection of forces or equipment to perform other work on the contract, there shall be paid to the Contractor an amount as determined by the Engineer to be fair and reasonable compensation for the Contractor’s actual loss in accordance with the following: a) Idle Time of Eauipment Compensation for equipment idle time will be determined on a force account (time and materials) basis, and shall include the cost of extra moving of equipment and rental loss. The right-of-way delay factor for each classification of equipment shown in the California Department of Transportation publication entitled, Equipment Rental Rates and the General Prevailing Wage Rates, will be applied to any equipment rental rates. b) Idle Time of Labor Compensation for idle time of workers will be determined by the Engineer as “Labor” less any actual productivity factor of this portion of the work force. c) Increased Costs of Labor and Materials Increased costs of labor and materials will be compensated only to the extent such increase was in fact caused by the suspension, as determined by the Engineer. Compensation for actual loss due to idle time of either equipment or labor shall not include markup for profit. The hours for which compensation will be paid will be the actual normal working time during which such delay condition exists, but will in no case exceed eight hours in any one day. The days for which compensation will be paid shall be full or partial calendar days, excluding Saturdays, Sundays, and legal holidays, during the existence of such delay. .-- BP-5 10 - STATE MBE/WBE PROVISIONS -_ CONTRACT PROVISIONS OF THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) DIVISION OF CLEAN WATER PROGRAMS RELATIVE TO THE UTILIZATION OF MINORITY BUSINESS ENTERPRISE (MBE) AND WOMEN BUSINESS ENTERPRISE (WBE) ON CLEAN WATER PROGRAM CONSTRUCTION CONTRACTS IN CALIFORNIA This document and attachments shall be included by the owner as a contract provision for all construction contracts exceeding $10,000. Compliance with the requirements of this document and attachments satisfies the MBEWBE requirements of the U. S. Environmental Protection Agency and the SWRCB. This document supersedes any conflicting requirements. Failure to take the five (5) affirmative steps listed under Requirements, Section A, prior to bid opening and to submit “Minority Business Enterprisernomen Business Enterprise Information” (Attachment B) with the bid shall cause the bid to be rejected as a non-responsive bid. DEFINITIONS BONA FIDE MINORITY BUSINESS ENTERPRISE fMBE) MEANS: An MBE that has submitted a ”Minority Business Enterprisernomen Business Enterprise Self Certification“ (Attachment A) to, and been accepted as, a bona fide MBE by the owner. In addition, the following requirements apply: 1. An independent business concern which is at least 5 1% owned and controlled by minority group member(s) (see definition of Minority Group Member). Ownership and control can be measured by: a. Responsibility for performance of contract work. b. Management responsibility. c. At least 5 1% share of profits and risk. d. Other data (such as voting rights) that may be related to ownership andor control. 2. In cases where a firm is owned and controlled by a minority woman or women, the percentage may be credited towards MBE participation or as WBE participation, or allocated, but may not be credited fully to both. BONA FIDE WOMEN BUSINESS ENTERPRISE (WBE) MEANS: A WBE that has submitted Attachment A to, and been accepted as, a bona fide WBE by the owner. In addition, the following requirements apply: 1. An independent business which is at least 5 1% owned by a woman or women who also control and operate it. a. Ownership. Determination of whether a business is at least 5 1% owned by a woman or women shall be made without regard to community property laws. For example, an otherwise qualified WBE which is 5 1 % owned by a married woman in a community property state will not be disqualified because her husband has a 50% interest in her share. Similarly, a business which is 51% owned by a married man and 49% by an.unmarried woman will not become a qualified WBE by virtue of his wife‘s 50% interest in his share of the business. BP-6 b. Control and operation. "Control" means exercising the power to make policy decisions and "operate" means being actively involved in the day-to-day management of the business. JOINT VENTURE (JVl .c A business enterprise formed by a combination of firms under a JV agreement. To qualify as a bona fide MBENBE, the minority-owned/woman or women owned and controlled firms in the JV must: 1. Satisfy all requirements for bona fide MBENBE participation in their own rights. In cases where a minority woman or women-owned firm participates in a JV, the percentage may be credited towards MBE participation or as WBE participation, or allocated, but may not be credited fully to both. 2. Share a clearly defined percentage of the ownership, management responsibilities, risks, and profits of the JV. Only this percentage will be credited towards the MBENBE goal. MINORITY GROUP MEMBERS A minority group member is an individual who is a citizen of the United States and one of the following: 1. Native Americans consist of American Indian, Eskimo, Aleut, and native Hawaiian. 2. Black Americans consist of U.S. citizens, other than Hispanic, having origins in any of the black racial groups of Africa. .+ ,- 3. Asian Pacific Americans consist of U.S. citizens having origins in any of the original peoples of the Far East, Southeast Asia, and the Indian subcontinent. This area includes, for example, China, Japan, Korea, the Philippines, Vietnam, Samoa, Guam, the U.S. Trust Temtories of the Pacific, Northern Marianas, Laos, Cambodia, and Taiwan. The Indian subcontinent takes in the countries of India, Pakistan, Bangladesh, Sri Lanka, Sikkim. and Bhutan. 4. Hispanic Americans consist of U.S. citizens with origins from Puerto Rico, Mexico, Cuba, or South or Central America. Only those persons from Central and South American countn'es who are of Spanish origin, descent, or culture should be included in this category. Persons from Brazil, Guyana, Surinam or Trinidad, for example, would be classified according to their race and would not necessarily be included in the Hispanic category. In addition, this category does not include persons from Portugal, who should be classified according to race. BROKERAGE MEANS Buying and selling for others on commission of other fee basis without maintaining a warehouse or other similar inventory storage facilities (supplier and wholesale arrangements may also fall into this business enterprise category). CONSTRUCTION MEANS Erection, building, alteration, remodeling, improvement or extension of buildings, structures, or other property. REOUIREMENTS A. Positive Effort Documentation The bidder must take affirmative steps prior to bid opening to assure that MBEs and WBEs are used whenever possible as sources of supplies, construction and services. Failure to take such stem prior to bid opening and to submit Attachment B with the bid shall cause the bid to be rejected as non-responsive. Affirmative steps shall be as follows: 1, Including qualified MBEs and WBEs on solicitation lists. BP-7 2. 3. 4. 5. The bidder must document that it requested assistance from the Small Business Administration and the Office of Minority Business Enterprise MBENVBE assistance centers and that this request for assistance was received by the MBE/WBE assistance centers at least five (5) working days prior to the need for referrals (see affirmative step no. 5). Assure that MBEs and WBEs are solicited whenever they are potential sources. The bidder must document that it has provided invitations to MBENVBE bidders at least seven (7) working days prior to the need of a bid response. The bidder must document that invitations were sent to at least three (3) (or all if less than three) MBENVBE contractors/suppliers for each item of work referred by the MBENBE assistance center(s). The invitations must adequately specify the item(s) for which sub-bids were requested. The documentation of the bidder's effort to show positive efforts must indicate a real desire for a positive response; i.e., certified letter with return receipt requested or telephone call documentation. A regular letter or an unanswered telephone call is not adequate positive effort. The bidder must submit to the owner documentation consisting of a list of all sub-bidders for each item of work that MBEs or WBEs were solicited including dollar amounts for both MBE/WBE and non-MBENVBE sub-bidders. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of MBEs and WBEs. A bidder must document that it gave consideration to dividing the contract into small proprietary portions (paving, electrical, landscaping, etc.). If this was not done, documentation must be submitted explaining why it could not be done. Establish delivery schedules, where the requirements of the work permit, which will encourage participation by MBEs and WBEs. The bidder must document that it gave consideration to establishing a project schedule which would allow MBEs and WBEs to bid the work as subcontractors or suppliers. If this is not done, document reasons why the project schedule, or portions thereof, cannot be modified so as to accommodate interested MBEs and WBEs. Use of the services and assistance of the Small Business Administration and the Office of Minority Business Enterprise of the U. S. Department of Commerce, as appropriate. The bidder must present documentation that contact was made with both of the offices listed below. Their services are provided at no cost to the bidder. Do not write. The internet web site contains local SBA and MBDA centers. The local center may provide the bidder with a listing of MBE/WBE firms. If a list was not provided, bidder must explain why it was not and describe what MBE/WBE solicitation list was used. Small Business Administration: <http://www.sba.gov> Office of Minority Business Enterprise: Regional Office U.S. Dept. of Commerce <http://www.mbda.gov> Government Contracting Office 455 Market Street, Suite 600 San Francisco, CA 94 105 Telephone: (415) 744-8429 Minority Business Development Agency (MBDA) San Francisco, CA 941 05 Telephone: (41 5) 744-3001 In addition, the bidder is encouraged to procure supplies and services from labor surplus area firms. x. BP-8 B. Other Requirements 1. 2. 3. 4. 5. 6. 7. The apparent successful low bidder must submit documentation showing that, prior to bid opening, all required positive efforts were made. This documentation must be received by the owner within ten (IO) working days following bid opening (except Attachment B which is to be submitted with the bid). Failure to submit Attachment B with the bid will cause the bid to be rejected as non-rewonsive. If the apparent successful low bidder has rejected or considered as non-responsible andlor non- responsive any low MBE or WBE sub-bidder, a complete explanation must be provided to the owner. Each MBENBE firm to be utilized must complete the Attachment A, which is to be with the documentation submitted to the owner by the apparent successful low bidder. If additional MBENBE subcontracts become necessary after the award of the prime contract, Attachment B must be provided to the owner by the Prime Contractor within ten (10) working days following the award of each new subcontract. Any deviation from the information contained in Attachment B shall not result in a reduction of MBE/WBE participation without prior approval of the owner. When brokerage type arrangements are utilized, only the amount of commission or fee will be eligible for MBE/WBE consideration. Failure of the apparent low bidder to perform the five affirmative steps prior to bid opening andor to submit Attachment B with its bid will lead to its bid being declared non-responsive by the owner. The owner may then award the contract to the next low responsive, responsible bidder meeting the requirements of these contract provisions. The owner also may rebid the contract. - C. State's "Fair Share" Obiectives The SWRCB has established the following fair share objectives for this construction contract: 20 % of the total bid dollar amount of this contract for MBE. 10 % of the total bid dollar amount of this contract for WBE. (The owner may contact the SWRCB, Division of Clean Water Programs, Design Review Unit at (916) 227-4588 for questions on the state's fair share objectives.) D. LocaURegional Obiectives The owner may have established localhegional objectives and those requirements may be attached if appropriate. c BP-9 ATTACHMENT A MINORITY BUSINESS ENTERPRISE/WOMEN'S BUSINESS ENTERPRISE (MBEWBE)' SELF CERTIFICATION STATE WATER RESOURCES CONTROL BOARD DIVISION OF CLEAN WATER PROGRAMS Firm Name: Phone: Address: Principal Service or Product: - MBE - WBE I I ~~~~ - Prime Contractor - Supplier of MateriaYService - Subcontractor - Broker I I - Sole Ownership - Corporation - Partnership - Joint Venture I ~ Names of Owners Percent MBE-Ethnic WBE Ownership Identity' Additional proofs may be required upon written challenge of this certification by any person or agency. Falsification of this certification by a firm selected to perform Federally funded work may result in a determination that the firm is non-responsible and ineligible for future contracts. Certified by: Title: (Signature) Name: Date: ~ Refer to definitions on the next page. BP- 10 -DEFINITIONS- MINORITY BUSINESS ENTERPRISENOMEN’S BUSINESS ENTERPRISE (MBENBE) An MBE or WBE is a business which is at least 5 1 percent owned and controlled by minority group members or by woman or women. Owners must exercise actual day-to-day management. MINORITY GROUP MEMBERS _.- American Indians Persons having origins in any of the original peoples of North America. To qualify in this group, a person must be a citizen of the United States and meet one or more of the following: (1) Be at least one-fourth Indian descent (as evidenced by registration with the Bureau of Indian Affairs). (2) Characteristic Indian appearance and features. (3) Characteristic Indian name. (4) Recognition in the community as an Indian. (5) Membership in a tribe, band or group of American Indians (recognized by the Federal Government), as evidenced by a tribal enrollment number or similar indication. Black Americans U.S. citizens, other than Hispanic, having origins in any of the black racial groups of Africa. Asian Americans U.S. citizens having origins in any of the original peoples of the Far East, Southern Asia, the Indian subcontinent or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands and Samoa. The Indian subcontinent takes in the countries of India, Pakistan, Bangladesh, Sri Lanka, Nepal, Sikkim, and Bhutan. Hispanic Americans U.S. citizens of Mexican, Puerto Rican, Cuban, or other Spanish culture or origin, regardless of race. Only those persons from Central and South American countries who are of Spanish origin, descent, or culture should be included in this category. Persons from Brazil, Guyana, Surinam or Trinidad, for example, would be classified according to their race and would not .necessarily be included in the Hispanic category. In addition, the category does not include persons from Portugal, who should be classified according to race. American Eskimos and American Aleuts BP-11 ATTACHMENT B MINORITY BUSINESS ENTERPRISENOMEN BUSINESS ENTERPRISE INFORMATION SWRCB DIVISION OF CLEAN WATER PROGRAMS r I NAME AND ADDRESS (Include ZIP Code, DOB, & SSN) I LOAN RECIPIENTS NAME I CONTRACT NO. OR SPECIFICATION NO. MBE WE I MBE WEE NAME AND ADDRESS (Include ZIP Code, DOB, & SSN) SUBCONTRACTOR JOINT VENTURE SUPPLIEWSERVICE BROKER AMOUNT OF CONTRACT PHONE NAME AND ADDRESS (Include ZIP Code, DOB, & SSN) SUBCONTRACTOR SUPPLIEWSERVICE JOINT VENTURE AMOUNT OF CONTRACT PHONE MBE WEE SUBCONTRACTOR SUPPLIEWSERVICE JOINT VENTURE BROKER WORK TO BE PERFORMED NAME AND ADDRESS (Include ZIP Code, DOB, & SSN) TOTAL MBE AMOUNT: $ TOTAL WBE AMOUNT: $ ACTUAL MBE PARTICIPATION: Yo ACTUAL WBE PARTICIPATION: % MBE GOAL: % WBE GOAL: % SIGNATURE OF PERSON COMPLETING FORM: AMOUNT OF CONTRACT TITLE: PHONE: DATE: :ORM 4700-B (rev 2/98) PHONE BP- 12 MBE WE NAME AND ADDRESS (Include ZIP Code, DOB, & SSN) SUBCONTRACTOR JOINT VENTURE SUPPLIEWSERVICE BROKER AMOUNT OF CONTRACT PHONE 11 - THE SUBLETTING AND SUBCONTRACTING FAIR PRACTICES ACT Any person making a bid or offer to perform a contract shall, in his or her bid or offer, set forth the following: - 1) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid or in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half or 1 percent of the prime contractor’s total bid or ten thousand dollars ($1 O,OOO), whichever is greater. 2) The potion of work that will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion of work as is defined by the prime contractor in his or her bid or offer. These requirements apply to the information required relating to subcontractors certified as minority or women business enterprises. For purposes of this requirement, “subcontractor” and “prime contractor” shall have the same meaning as those terms are defined in Section 4 1 13 of the Public Contracts Code. 12 - 40 CFR 60-8.4(b) - EQUAL OPPORTUNITY CLAUSE (in relevant part) During the performance of this contract the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The contractor agrees to post, in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. c (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send, to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the contractor may be ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 1 1246 or September 24, 1965, and such other sanctions may be imposed and remedies invoked a s provided in Executive Order 1 1246 of September 24, 1965, or by rule, regulation, or orders of the Secretary of Labor, or as otherwise provided by law. c BP-13 (7) The contractor will include the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 1 1246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided however, That in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor, as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. - 13 - NONDISCRIMINATION CLAUSE NONDISCRTMINATION CLAUSE 1. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 or the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractor shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. THE UNDERSIGNED CERTIFIES THAT THE CONTRACTOR WILL COMPLY WITH THE ABOVE REQUIREMENTS. CONTRACTOR OR SUBCONTRACTOR NAME: CERTIFIED BY: NAME: TITLE: SIGNATURE: DATE: BP-14 14 - 41 CFR 60-4.2 CONSTRUCTION CONTRACTORS--AFFIRMATIVE ACTION REQUIREMENTS (in relevant part) c Notice of requirement for Afirmative Action to ensure Equal Employment Opportunity (EEO) by Executive Order 1 1246, as amended by Executive Order 11375. 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Time- Goals for minority participation Goals for female participation tables for each trade for each trade For duration of the 16.9% 6.9% Contract with the City (Contact SWRCB, Division of Clean Water Programs, at (916) 227-4586 for assistance with the minority goal and timetables. E-mail <musialr@cwp.swrcb.ca.gov>: Office of Federal Contract Compliance Programs' web site for compliance issues and preaward registry is <http://www.dol.gov/doWesa/public/ofcp-erg>) These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. + The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within IO working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any). Q 60-4.3 Equal opportunity clauses (in relevant part) Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 1 1246) BP- 15 1. As used in these specifications: a. Tovered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 1 1246, or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. BP-16 c. 7. The Contractor shall take specific aErmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and cany out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs hded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. .- BP- 17 j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. -. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are Non-Segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 0. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fidfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 1 1. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 1 1246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 1 1246, as amended. 1 3. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 1. BP- 18 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy ths requirement, contractors shall not be required to maintain separate records. - 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 15 - ELIMINATION OF SEGREGATED FACILITIES NOTICE TO PROSPECTIVE FEDERALLY-ASSISTED CONSTRUCTION CONTRACTORS (a) A Certification of Non-Segregated Facilities, as required by the May 9, 1967 Order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a Federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. (b) Contractors receiving Federally-assisted construction contract awards exceeding $10,000 which, are not exempt from the provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the following notice to prospective subcontractors for supply and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON-SEGREGATED FACILITIES (a) A Certification of Non-Segregated Facilities, as required by the May 9, 1967 Order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. (b) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supply and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. BP-19 16 - CERTIFICATION OF NON-SEGREGATED FACILITIES Environmental Protection Agency Region IX 75 Hawthorne Street San Francisco, California 94 105 .- CERTIFICATION OF NON-SEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity Clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specified time period) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt form the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. Signature Date Name and Title of Signer (Please Type) Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. BP-20 17 - DRUG-FREE WORKPLACE CERTIFICATION DRUG-FREE WORKPLACE CERTIFICATION CONTRACTOWAPPLICANT: The contractor or applicant named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or applicant will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: 2. (a) The dangers of drug abuse in the workplace, (b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or loan: (a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract - or loan. CERTIFICATION I, the oficial named below, hereby swear that I am duly authorized legally to bind the contractor or loan recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL’S NAME: DATE EXECUTED: EXECUTED IN COUNTY OF: CONTRACTOWAPPLICANT SIGNATURE: TITLE: BP-2 1 18 - PART 32-GOVERNMENT WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENT WIDE REOUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS) Appendix A to Part 32--Certification Regarding Debarment, Suspension, and Other Responsibility Matters--Primary Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non- procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this BP-22 transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters--Primary Covered Transactions - (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (d) Have not within a three-year period preceding this applicatiodproposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Appendix B to Part 32--Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set c out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment . 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. - BP-23 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. - 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andor debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 19 - RESPONSIBILITY FOR REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES; CONTRACTS AND PROVISIONS GOVERNMENT CODE SECTION 42 1 5 (in relevant part) The contract documents shall include provisions to compensate the contractor for the costs of locating, repairing damage not due to the failure of the contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The contract documents shall include provisions that the contractor shall not be assessed liquidated damages for delay in completion ofthe project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities. (1974) 20 - SUBMITTING OF BIDS AND AGREEING TO ASSIGN GOVERNMENT CODE SECTION 4552 (in relevant part) In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (I5 U.S. C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (1978) BP-24 2 1 - NON-COLLUSION AFFIDAVIT PUBLIC CONTRACTS CODE SECTION 7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of ss ; being first duly sworn, deposes and says that he or she is of the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference, with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof the effectuate a collusive or sham bid. personally known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hislherhheir signatures(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. +- Subscribed and sworn to before me on (Notary Public) BP-25 Minority Participation Goals for California Affirmative ActiodEqual Employment Opportunity for Construction Contractors Aggregate Work Force Standard Metropolitan Statistical Area (SMSA) - 41 CFR 960 - 4.6 All areadall trades Female participation goal 6.9% Area minority participation Goal (YO) 174 Redding: Non-SMSA 6.8 Lassen; Modoc; Plumas; Shasta; Siskiyou; Tehema 175 Eureka: Non-SMSA Counties 6.6 Del Norte; Humboldt; Trinity 176 San Francisco-Oakland-San Jose: SMSA Counties: 7 120 Salinas-Seaside-Monterev 28.9 Monterey 7360 San Francisco-Oakland 26.6 Alameda; Contra Costa; Marin; San Francisco; San Mateo 7400 SanJose 19.6 Santa Clara 7485 SantaCruz 14.9 Santa Cruz 7500 Santa Rosa 9.1 Sonoma. 8720 Valleio-Fanfield-Naoa 17.1 Napa; Solano Non-SMSA Counties 23.2 Lake; Mendocino; San Benito 177 Sacramento: SMSA Counties: 6920 Sacramento 16.1 Placer; Sacramento; Yo10 Non-SMSA Conuties 14.3 Butte; Colusa; El Dorado; Glenn; Nevada; Sierra; Sutter; Yuba 178 Stockton-Modesto: SMSA Counties: 5170 Modesto 12.3 8120 Stockton 24.3 Stanislaus San Joaquin Non-SMSA Counties 19.8 Alpine; Amador; Calaveras; Mariposa; Merced; Tuolumne Area minority participation Goal (Yd 179 Fresno-Bakersfield: SMSA Counties: 0680 Bakersfield 19.1 2840 Fresno 26.1 Fresno Non-SMSA Counties 23.6 Kings; Madera; Tulare Kern 180 Los Angeles: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove 11.9 4480 Los Andes-Lone Beach 26.3 6000 Oxnard-Simi Valley-Ventura 21.5 6780 Riverside-San Bernardino-Ontario 19.0 7480 Santa Barbara-Santa Maria-LomDoc 19.7 Orange Los Angeles Ventura. Riverside; San Bemardino. Santa Barbara Non-SMSA Counties 24.6 Inyo; Mono; San Luis Obisbo 181 San Diego: SMSA Counties: 7320 San Diego 16.9 San Diego Non-SMSA Counties 16.2 Imperial BP-26 23 - LABOR CODE SECTION 6500 _c 6500. injury, the division shall require the issuance of a permit prior to the initiation of any practices, work, method, operation, or process of employment. The permit requirement of this section is limited to employment or places of employment that are any of the following: (a) For those employments or places of employment that by their nature involve a substantial risk of (1) required to descend. (2) the equivalent height. (3) equivalent height. (4) This subdivision does not apply to motion picture, television, or theater stages or sets, including, but not (b) Construction of trenches or excavations that are five feet or deeper and into which a person is The construction of any building, structure, falsework, or scaffolding more than three stories high or The demolition of any building, structure, falsework, or scaffold more than three stories hgh or the The underground use of diesel engines in work in mines and tunnels. limited to, scenery, props, backdrops, flats, greenbeds, and grids. stages or sets, if there has occurred within any one prior calendar year in any combination at separate locations three serious injuries, fatalities, or serious violations related to the construction or demolition of sets more than 36 feet in height for the motion picture, television, and theatrical production industry. An annual permit shall be required for employers who construct or dismantle motion picture, television, or theater stages or sets that are more than three stories or the equivalent height. A single permit shall be required under this subdivision for each employer, regardless of the number of locations where the stages or sets are located. An employer with a currently valid annual permit issued under this subdivision shall not be required to provide notice to the division prior to commencement of any work activity authorized by the permit. The division may adopt procedures to permit employers to renew by mail the permits issued under this subdivision. For purposes of this subdivision, "motion picture, television, or theater stages or sets" include, but are not limited to, scenery, props, backdrops, flats, greenbeds, and grids. On or after January 1,2000, this subdivision shall apply to motion picture, television, or theater - 24 - PUBLIC CONTRACT CODE SECTION 7 105 7 105. cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an act of God, in excess of 5 percent of the contracted amount, provided, that the work damaged is built in accordance with accepted and applicable building standards and the plans and specifications of the awarding authority. However, contracts may include provisions for terminating the contract. The requirements of this section shall not be mandatory as to construction contracts financed by revenue bonds. This section shall not prohibit a public agency from requiring that a contractor obtain insurance to indemnify the public agency for any damage to the work caused by an act of God if the insurance premium is a separate bid item. If insurance is required, requests for bids issued by public agencies shall set forth the amount of the work to be covered and the contract resulting from the requests for bids shall require that the contractor furnish evidence of satisfactory insurance coverage to the public agency prior to execution of the contract. (a) Construction contracts of public agencies shall not require the contractor to be responsible for the (b) (1) For the purposes of this section: "Public agency" shall include the state, the Regents of the University of California, a city, county, district, public authority, public agency, municipal utility, and any other political subdivision or public corporation of the state. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves. Public agencies may make changes in construction contracts for public improvements in the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by state and federal statutes entered into. The contractor shall be paid for the changes in accordance with the provisions of the contract governing payment for changes in the work or, if no provisions are set forth in the contract, payment shall be as agreed to by the parties. include the power, by mutual consent of the contracting parties, to terminate, amend, or modify any contract within the scope of such authority. (2) (c) ZL (d) (1) Where authority to contract is vested in any public agency, excluding the state, the authority shall BP-27 (2) Paragraph (I) shall not apply to contracts entered into pursuant to any statute expressly requiring that contracts be let or awarded on the basis of competitive bids. Contracts of public agencies, excluding the state, required to be let or awarded on the basis of competitive bids pursuant to any statute may be terminated, amended, or modified only if the termination, amendment, or modification is so provided in the contract or is authorized under provision of law other than this subdivision. The compensation payable, if any, for amendments and modifications shall be determined as provided in the contract. The compensation payable, if any, in the event the contract is so terminated shall be determined as provided in the contract or applicable statutory provision providing for the termination. (3) at the discretion of the public agencies. Contracts of public agencies may include provisions for termination for environmental considerations 25 - PUBLIC CONTRACT CODE SECTION 9203 9203. improvement of any public structure, building, road, or other improvement, of any kind which will exceed in cost a total of five thousand dollars ($5,000), shall be made as the legislative body prescribes upon estimates approved by the legislative body, but progress payments shall not be made in excess of 95 percent of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the local agency, and unused. The local agency shall withhold not less than 5 percent of the contract price until final completion and acceptance of the project. However, at any time after 50 percent of the work has been completed, if the legislative body finds that satisfactory progress is being made, it may make any of the remaining progress payments in full for actual work completed. to a twenty-five thousand dollar ($25,000) limit for purposes of subdivision (a). (a) Payment on any contract with a local agency for the creation, construction, alteration, repair, or (b) Notwithstanding the dollar limit specified in subdivision (a), a county water authority shall be subject BP-28 TECHNICAL S PEC I FI CATIONS CARLSBAD MUNICIPAL WATER DISTRICT - EL CAMINO REAL (PAR to CASSIA) 24-INCH AND 30-INCH DOMESTIC WATER AND 20-INCH RECYCLED WATER TRANSMISSION MAINS < TABLE OF CONTENTS Section No. Title DIVISION 1: GENERAL REQUIREMENTS rc 01 001 01 002 01 005 01 01 0 01011 01 025 01 040 01 047 01 048 01 200 01 300 01 31 0 01 340 01 400 01410 01 500 01 520 01 530 01 550 01 570 01 580 01 590 01 600 01 61 0 01 630 01 700 01710 01 720 01 730 City of Carlsbad 03/04 (DBE) Standard Drawings, Standard Specifications and Approved Materials List Contractor’s Insurance Certification Coordination with Design Engineer and Owner Summary of Work General Construction Sequence Measurement and Payment Coordination Connections to Existing Facilities Special Construction Conditions and Procedures - General Project Meetings Shop Drawing Submittals Progress Schedule, Submittal Schedule, and Schedule of Values Shop Drawing, Product Data and Samples Quality Control Testing and Inspection of Earthwork and Concrete Construction Facilities and Temporary Controls Maintenance of Traffic and Detours Protection of Existing Utilities Traffic Control and Re-Striping Maintenance and Protection of Traffic Project Identification and Signs Field Offices and Sheds Material and Equipment SupplierWManufacturer’s Special Services Product Options and Substitutions Contract Closeout Cleaning and Final Cleaning Record Drawings Operating and Maintenance Data and Training -_ ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains Table of Contents - 1 of 2 Section No. Title DIVISION 2: SITE WORK 021 30 02223 Trenching, Backfilling and Compacting 02225 Utility Crossings 0251 0 Asphaltic Concrete Pavement Removal and Resurfacing of Pavement Surfaces DIVISION 3: CONCRETE 03300 Concrete Construction DIVISION 9: FINISHES 09870 09900 Painting and Coating 09902 Petrolatum Wax Tape Coating Tape Wrap and Concrete Mortar Coating DIVISION 13: CATHODIC PROTECTION 131 20 Cathodic Protection DIVISION 15: MECHANICAL 15000 15040 Testing, Flushing and Disinfection 15056 15064 15066 15076 15092 151 00 Valves General Piping System and Appurtenances Ductile Iron Pipe and Fittings PVC Pressure Pipe and Fittings (AWWA C900) PVC Pressure Pipe and Fittings (AWWA C905) Cement Mortar-Lined and Coated Steel Pipe Miscellaneous Couplings, Pipe and Appurtenances City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains Table of Contents - 2 of 2 c SECTION 01 001 STANDARD DRAWINGS, STANDARD SPECIFICATIONS AND APPROVED MATERIALS LIST PART 1 - GENERAL 1 .I Standard Specifications and Standard Drawinas A. Standard Specifications, Standard Drawings and Approved Materials List shall be as described in these specifications and the Carlsbad Municipal Water District's Rules and Regulations for the Construction of Public Potable Water Mains, current edition and Reclamation Rules and Regulations for Reclaimed Water Mains, current edition. 1.2 Reference Standards A. Standards listed as "Reference Standards" in the various sections of these contract documents are hereby incorporated into this specification by reference. B. Referenced documents shall include all revisions, amendments, supplements or addenda issued on or before the date of advertising for bids. C. The Carlsbad Municipal Water District Standards and Standard Drawings are incorporated into these contract documents by their reference herein and will be enforced unless superseded by the project specifications or specific details of the contract documents. 1.3 Approved Materials List A. All the material used on this project, including pipe, valves, couplings etc., shall be in accordance with items listed in these specifications or as indicated in the Carlsbad Municipal Water District's Rules and Regulations for the Construction of Public Potable Water Mains, current edition and Reclamation Rules and Regulations for Reclaimed Water Mains, current edition. B. Materials not listed in these specifications must be submitted for the District's approval and must be accepted for use on this project prior to contract award. PART 2 - PRODUCTS (Not applicable) PART 3 - EXECUTION (Not applicable) rc END OF SECTION City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 001 Standard Drawings, Standard Specifications, and Approved Materials List - 1 of 1 SECTION 01 002 1 CONTRACTOR'S INSURANCE CERTl FlCATlON PART 1 - GENERAL 1.1 Insurance and Indemnification The Contractor, by entering into a contract with the Carlsbad Municipal Water District for the El Camino Real 24-Inch and 30-Inch Domestic Water and 20-Inch Recycled Water Transmission Mains, certifies and guarantees to the District that the insurance which the Contractor furnishes for the contract will provide for the following: The Contractor shall hold harmless, indemnify and defend Daniel Boyle Engineering (DBE), his consultants, and each of their officers, agents and employees from any and all liability, claims, losses or damage arising out of or alleged to arise from the Contractor's negligence in the pedormance of the Work described in the construction contract documents, but not including liability that may be due to the sole negligence of DBE, his consultants, or his officers, agents and employees. Furthermore, the Contractor shall provide comprehensive/commercial general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the Contractor's indemnity, as above required; and, such insurance will include DBE, his consultants, and each of his officers, agents, and employees as additional insureds. - PART 2 - PRODUCTS (Not applicable) PART 3 - EXECUTION (Not applicable) END OF SECTION City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 002 - Contractor's Insurance/Certification - 1 of 1 SECTION 01 005 COORDINATION WITH DESIGN ENGINEER AND OWNER PART 1 - GENERAL 1.1 District / Owner CARLSBAD MUNICIPAL WATER DISTRICT 1635 FARADAY AVENUE CARLSBAD, CA 92008 Telephone: (760) 602-2748 Project Manager: Mr. Dave Ahles 1.2 Desiqn Engineer A. The engineering firm that is responsible for preparation of the Plans and Specifications is Daniel Boyle Engineering, Inc. Daniel Boyle Engineering 3142 Vista Way, Suite 303 Oceanside, CA 92056 (760) 433-871 0 (760) 433-9709 (FAX) Contact: Mr. Daniel G. Smith Mr. Robert Satchel1 1.3 Lines of Communication A. The lines of communication between the Contractor, the Design Engineer and the Owner shall be defined as part of the Pre-Construction Conference. Contractor shall adhere to the direction regarding this matter that is given to him at that time. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) City of Carlsbad 03/04 (DBE) END OF SECTION ECR (PAR to Cassia) Domestic 8, Recycled Water Transmission Mains 01005 - Coordination with Design Engineer and Owner - 1 of 1 SECTION 01 01 0 SUMMARY OF WORK PART 1 - GENERAL 1.1 Work Covered by Contract Documents A. The Work generally includes, but is not limited to, furnishing products, labor, tools, transportation, and services to construct the following: 1. Pavement removal and replacement, traffic control and coordination with utility companies for locating their facilities. 2. Construction of 24-inch and 30-inch domestic water transmission mains with connections and appurtenances as described in the plans. 3. Construction of 30-inch, 20-inch, 12-inch and 8-inch recycled water main stub- out laterals with connections and appurtenances as described in the plans. 4. Testing disinfection and placing into service of domestic water transmission mains. 5. Construction of 20-inch and 18-inch recycled water transmission mains with connections and appurtenances as described in the plans. 6. Installing new recycled water irrigation service laterals. 7. Testing, disinfection and placing into service of recycled water transmission mains. 8. Connections to existing recycled water pipelines as required to place new mains in service. 1.2 Proiect Location A. The Project is located in Carlsbad, California, generally along El Camino Real between Palomar Airport Road and Cassia Road and along Cassia Road to a point 450 feet west of El Camino Real. 6. Conditions at the Project site are as follows: Ground Elevation: 285 - 325 feet MSL Typical Temperature Range: 31 O - 11 0" F ,--- City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01010 - Summary of Work - 1 of 3 1.3 Related Work A. B. C. D. E. Section 01 01 1 : General Construction Sequence Section 01 048: Special Construction Conditions and Procedures - General Section 01 700: Contract Closeout Section 01710: Cleaning and Final Cleaning Section 01 730: Operating and Maintenance Data and Training PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 Work Sequence A. The general sequence of Work shall be as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. City of Carlsbad 03/04 (DBE) Before beginning Work, coordinate with servicing electrical utility regarding electric service to site. Obtain required permits, licenses and construction easements. Call Underground Service Alert and utilities to obtain staking and marking of buried utilities. Submit proposed schedule of Work, insurance and bonds. Take pre-construction photographs. Pothole points-of-connection to existing water facilities, existing utilities crossing the pipeline alignment and those parallel to it within 5 feet (from outside of pipe). Submit shop drawings, pipeline lay diagrams and other submittals. Begin manufacturing and shipping materials and equipment after receiving submittals marked "No Exception Taken" or "Make Corrections Noted". Complete Work according to proposed Work schedule. Perform testing and disinfection. Finalize clean up and restore construction areas. Provide warranty as specified. - -. ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 01 0 - Summary of Work - 2 of 3 3.2 Contractor Use of Premises rc A. The following facilities shall remain operational during construction of this project: 1. Existing water facilities. Shut downs only permitted under observation of Water Department personnel and according to schedule of required shutdowns. 2. Install approved signs, barricades and lights necessary to ensure public safety and safety of Owners operators and personnel. Provide plates across ditches to enable safe access of Owner's personnel to facilities or the public across excavations within public right-of-way that can not be backfilled at the end of the day. END OF SECTION ,- City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 01 0 - Summary of Work - 3 of 3 SECTION 01 01 1 GENERAL CONSTRUCTION SEQUENCE PART 1 - GENERAL 1.1 Scope A. This section describes a general sequence of construction that the Contractor shall follow. The general order for the majority of the work performed shall be determined by the Contractor and a schedule shall be submitted to the Owner for approval. The construction sequence described herein has the following goal: To construct the transmission mains expeditiously, in accordance with the contract documents, with minimum disruption to traffic flow on El Camino Real and Cassia Road. 1.2 Requirements Covered in Other Specification Sections A. B. Section 01 040: Coordination C. Section 01 010: Summary of Work c Section 01 048: Special Construction Conditions and Procedures - General 1.3 General Construction Sequence .- Task 1 : Task 2: Task 3: Task 4: Task 5: Task 6: Task 7: Task 8: Task 9: City of Carlsbad 03/04 (DBE) Pothole utilities - crossings, connections and potential conflicts for domestic water transmission mains. Submit shop drawings for domestic water pipelines including pipeline lay diagrams for 24-inch and 30-inch steel pipe. Pothole utilities - crossings, connections and potential conflicts for recycled water transmission mains. Construct proposed domestic water main piping. Complete testing and disinfection of piping of domestic water main. Complete connection to existing domestic water mains. Place new domestic water pipeline into service. Submit shop drawings and pipeline lay diagrams for 18-inch and 20- inch AWWA C-905 PVC pipe. Shop drawings for any other necessary submittals specified herein. Construct proposed recycled water main piping and appurtenances. ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 01 1 - General Construction Sequence - 1 of 2 Task 1 0: Task 11: Task 12: Task 13: Task 14: Task 15: Complete flushing, testing, and disinfection of piping of recycled water mains. Complete connection to existing recycled water mains. Place new recycled water pipelines into service. Complete surface repair for domestic and recycled alignment. Complete site cleanup. Submit as-builts to the City Inspector. _, 1.4 Scheduling Prior to starting construction, the Contractor shall submit a fully detailed schedule of Work. This schedule shall conform to the schedule generally described above. It may be necessary to do certain parts of the construction Work outside normal working hours in order to avoid undesirable conditions, and it shall be the obligation of the Contractor to do this Work at such times at no additional cost to the Owner. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 01 1 - General Construction Sequence - 2 of 2 _- SECTION 01025 MEASUREMENTANDPAYMENT _- PART 1 - GENERAL 1.1 Description Measurement and payment for bid items listed in the proposal shall be based upon use of a lump sum or unit price method. Extra work or changes in the Work shall be accomplished as provided in the General Provisions. 1.2 Related Work (Not Applicable) 1.3 Submittals (Not Applicable) 1.4 Payment A. Payment for Unit Price Items Payment for a unit price bid item shall be based upon tile amount shown in the bid schedule multiplied by the total quantity measurement of the item and shall be full compensation for furnishing all labor, transportation, materials, equipment, tools and appurtenances required for construction of the item complete in place in accordance with the Plans and Specifications. B. Payment for Lump Sum Items Payment for lump sum bid items shall be based upon the amount shown in the bid schedule and shall be full compensation for furnishing all labor, transportation, materials, equipment, tools and appurtenances required for construction of the unit complete in place in accordance with the Plans and Specifications. The Carlsbad Municipal Water District reserves the right to adjust any Lump Sum Item if the Total Bid Amount does not reflect the added value of the individual Bid Items. C. Work Not Listed in the Bid Schedule Costs for related work and appurtenances which are required and/or implied by the General Provisions, Technical Specifications, Special Provisions and Plans and are not listed as a separate bid item but are necessary to complete the project shall be included in the appropriate bid item or items within the proposal. PART 2 - MATERIALS 2.1 General (Measurement) Measurement for unit price quantities shall be based upon the appropriate bid item in the proposal. The actual quantity of measurement shall be as constructed by the Contractor in place in conformance with the Plans and Specifications. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 1 of 20 2.2 Linear Measurements Pipelines' and related facilities' measurement shall be made horizontally and/or vertically along the centerline of the pipeline and related facilities through tees, bends, valves, fittings and as shown on the Plans for its limits or as otherwise specified in the Special Provisions. Manholes and vaults shall be measured vertically from the lowest to the highest elevations and as shown on the Plans or as otherwise specified in the Special Provisions. 2.3 Area Measurements Measurement for bid items involving area units shall be based upon the surface area measured in acres, square yards, square feet or as indicated in the bid item. 2.4 Volume Measurements Measurement for bid items involving volume units shall be based upon the volume measured in cubic yards, tons or as indicated in the bid item. 2.5 Unit Measurements Measurement for bid items involving units of the item shall be based upon the number of units counted as indicated in the bid item. --r 2.6 Lump Sum Measurement Measurement for a lump sum bid item shall be considered as a complete project or a portion of a project constituting a unit. The items to be included in the lump sum bid shall be as specified in the proposal bid item and/or the Standard or Special Provisions. PART 3 - EXECUTION 3.1 GENERAL This section covers methods of measurement and payment for items of Work under this Contract. The total Bid Price shall cover all Work required by the Contract Documents. All costs in connection with the proper and successful completion of the work, including furnishing all materials, equipment, supplies, and appurtenances; providing all construction plant, equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the unit and lump sum prices bid, All Work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid. The descriptions of bid items provided hereafter apply to Schedules 1 through 3. 3.2 ESTIMATED QUANTITIES All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate and are to be used only (a) as a basis for estimating the probable cost of the City of Carlsbad 63/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 2 of 20 Work and (b) for the purpose of comparing the bids submitted for the Work. The actual amounts of work done and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for work and materials will be the actual amount of work done and materials furnished. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the estimated amounts therefore. -- 3.3 BID SCHEDULE NO. 1 - DOMESTIC WATER TRANSMISSION MAIN - CONTRACT NO. 34461 The drawings associated with Bid Schedule No. 1 are titled “El Camino Real and Cassia Road 30 and 24” Potable Water Transmission Mains,” sheets 1 through 20, CIP No. 34461. A. MOBILIZATION, DEMOBILIZATION AND CLEANUP, Bid Item 1. 1. c No measurement shall be made for this item. This item covers all the work necessary for mobilization, demobilization, providing project sign, on-going compliance with the General Conditions and final clean-up of construction site. Mobilization includes: (1) Obtaining all permits necessary for performing the work. (2) Assembly, equipment, material and supplies for the prosecution of the work but which are not to be incorporated in the work. (3) Construction of temporary yards, access road, development of disposal areas and other facilities. (4) Provide project sign and install as directed by the District. (5) Compliance with the General Conditions. Demobilization includes: (1) removal of all temporary facilities from the site. (2) Clean up of all debris and disposal offsite. (3) Contract closeout. 2. Payment for Bid Item 1, will be based upon the following: c a. b. C. d. City of Carlsbad 03/04 (DBE) During the course of project construction the amount paid for Mobilization and Demobilization will be 100 percent of the contract price for Bid Item 1 or 6.5 percent of the original contract amount, whichever is the less. During the course of project construction, the amount paid for Mobilization will be 70 percent of the contract price for Bid Item 1 or 70 percent of 6.5 percent of the original contract amount, whichever is the less. The initial partial payment for Mobilization will not exceed one-third of the amount to be paid for this item. Payment requests for Mobilization shall be accompanied by information (invoices, timesheets, etc.) that support the amount being requested. During the course of project construction, the amount paid for Demobilization will be 30 percent of the contract price for Bid Item 1 or 30 percent of 6.5 percent of the original contract amount, whichever is the less. After completion of the work and acceptance of the contract, the amount, if any, of the contract item price for Mobilization and Demobilization in excess ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01025 - Measurement and Payment - 3 of 20 of 6.5 percent of the original contract amount will be included for payment in accordance with Subsection 7.1 9 Acceptance of Work; Final Payment. -. B. PERFORM EXPLORATORY EXCAVATIONS FOR UNDERGROUND UTILITIES, Bid Item 2. 1. Measurement for payment for performing exploratory excavation at all under ground utility crossings and points of connection to verify location, size and type of existing facility will be based upon the complete work, all in accordance with the requirements of the Contract Documents. 2. Payment for performing exploratory excavation at all underground utility crossings and points of connection to verify location, size and type of existing facility will be made at the lump sum price named in the Bid Schedule under Item No. 2, which shall constitute full compensation for completely performing all exploratory excavations, including but not limited to, pavement removal and restoration, excavation and backfill, obtaining depths and sizes of utilities, traffic control and other ancillary work. C. CONSTRUCT 30-INCH DIAMETER TRANSMISSION MAIN, Bid Item 3. 1. Measurement for payment for construction of 30-inch diameter CML, tape-wrapped and mortar coated steel pipe transmission main will be based upon the number of linear feet of such pipe actually placed as determined by measurement along the centerline of such pipe, all in accordance with the requirements of the Contract Documents. - 2. Payment for construction of 30-inch diameter transmission main will be made at the unit price per linear foot named in the Bid Schedule under Item No. 3, which price shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, thrust blocks, locator tape, disposal of excess excavated material, pavement removal and replacement, pavement overlay, re-striping, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. D. PROVIDE TRAFFIC CONTROL, Bid Items 4 and 6 1. No measurement shall be made for these items. 2. Payment for traffic control related to construction of the 30-inch and 24-inch diameter transmission mains will be made at the lump sum price named in the Bid Schedule under Item Nos. 4 and 6. Partial payments will be made on the basis of the percentage of construction completion with respect to each waterline up to a maximum of 50-percent of the lump sum price. The final amount which completion and acceptance by the jurisdictional agency of the paving repair, final paving, pavement overlay, and re-striping. constitutes full compensation for the complete work can be applied for upon -... City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 4 of 20 E. CONSTRUCT 24-INCH DIAMETER TRANSMISSION MAIN, Bid Item 5. 1. Measurement for payment for construction of 24-inch diameter CML tape wrapped and mortar coated steel pipe transmission main will be based upon the number of linear feet of such pipe actually placed as determined by measurement along the centerline of such pipe, all in accordance with the requirements of the Contract Documents. c 2. Payment for construction of 24-inch diameter transmission main will be made at the unit price per linear foot named in the Bid Schedule under Item No. 5, which price shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, thrust blocks, locator tape, disposal of excess excavated material, pavement removal and replacement, pavement overlay, re-striping, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. F. CONSTRUCT 12-INCH DIAMETER WATER MAIN, Bid Item 7. 1. Measurement for payment for construction of 12-inch diameter PVC water main at Station No. 48+78 (Town Garden Road) will be based upon the complete work, all in accordance with the requirements of the Contract Documents. .- 2. Payment for construction of 12-inch diameter PVC water main and connections to existing water main at Station No. 48 +78 (Town Garden Road) will be made at the lump sum price named in the Bid Schedule under Item No. 7, which price shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, temporary blow-off, thrust blocks, locator tape, removal of existing 8-inch diameter piping and 8-inch valve, 8-inch blind flange on 8-inch stub from 20-inch diameter water main, phased construction to comply with City requirements, disposal of excess excavated material, pavement removal and replacement, pavement overlay, re- striping, traffic control, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. G. CONSTRUCT 12-INCH DIAMETER WATER MAIN, Bid Item 8. 1. Measurement for payment for construction of 12-inch diameter PVC water main at Station No. 60+23.92 (Gateway Road) will be based upon the complete work, all in accordance with the requirements of the Contract Documents. 2. Payment for construction of 12-inch diameter PVC water main and connections to existing water main at Station No. 60+23.92 (Gateway Road) will be made at the lump sum price named in the Bid Schedule under Item No. 8, which price shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, temporary blow-off , thrust blocks, locator tape, removal of existing 12-inch diameter pipe (temporary for Bressi Ranch), 12-inch blind flange on 12-inch outlet on 20-inch diameter water City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 5 of 20 main, phased construction to comply with City requirements, disposal of excess excavated material, pavement removal and replacement, pavement overlay, re- striping, traffic control, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. -. H. CONSTRUCT CONNECTION AT STATION No. 70+74.70, Bid Item 9. 1. Measurement for payment for construction of the connection to the existing 20-inch diameter steel water main at Station No. 70+74.70 will be based upon the complete work, all in accordance with the requirements of the Contract Documents. 2. Payment for construction of the connection to the existing 20-inch diameter steel water main at Station No. 70+74.70 will be made at the lump sum price named in the Bid Schedule under Item No. 9, which shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, couplings, removal of 24-inch diameter steel dished head, installation of butt strap for closing section, abandonment of existing piping, properly plugging abandoned piping, thrust blocks, locator tape, disposal of excess excavated material, pavement removal and replacement, pavement overlay, re-striping, traffic control, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. - 1. CONSTRUCT INTERCONNECTION AT STATION No. 48+78, Bid Item 10. 1. Measurement for payment for construction of an 8-inch diameter PVC pipe interconnection to the existing 16-inch diameter distribution line at Station No. 48+78 will be based upon the complete work, all in accordance with the requirements of the Contract Documents. 2. Payment for construction of the 8-inch diameter PVC pipe interconnection from Sta. No. 0+66 to Sta. No. 1+00, to the existing 16-inch diameter distribution line at Station No. 48+78 will be made at the lump sum price named in the Bid Schedule under Item No. 10, which shall constitute full compensation for furnishing and placing such pipe including excavation, removal of existing piping interconnection, backfill, bedding, compaction, fittings, 8-inch gate valve, removal of existing piping, phased construction to comply with City requirements, thrust blocks, locator tape, disposal of excess excavated material, pavement removal and replacement, pavement overlay, re-striping, traffic control, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 6 of 20 J. CONSTRUCT CONNECTION AT STATION No. 80+09, Bid Item 11. 1. Measurement for payment for construction of the connection to the existing 16-inch diameter, 14-inch diameter and 6-inch diameter distribution lines at Station No. 80+09 (Cassia Road) will be based upon the complete work, all in accordance with the requirements of the Contract Documents. - 2. Payment for construction of the connection to the existing 16-inch diameter, 14- inch diameter and 6-inch diameter distribution lines at Station No. 80+09 at the intersection of El Camino Real and Cassia Road will be made at the lump sum price named in the Bid Schedule under Item No. 11, which shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, couplings, removal of existing piping and valving and appurtenances, thrust blocks, locator tape, disposal of excess excavated material, pavement removal and replacement , pavement overlay, re-striping, traffic control, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. All removals of existing piping, valves and appurtenances shown on Detail 1 on Sheet C-8 shall be included in this bid item. K. CONSTRUCT CONNECTION AT STATION No. 84+29.00, Bid Item 12. c c 1. Measurement for payment for construction of the connection to the existing 30-inch diameter transmission main and the abandonment of the existing 18-inch transmission main at Station No. 84+29.00 along Cassia Road will be based upon the complete work, all in accordance with the requirements of the Contract Documents. 2. Payment for construction of the connection to the existing 30-inch diameter transmission main and the abandonment of the existing 18-inch transmission main at Station No. 84+29.00 along Cassia Road will be made at the lump sum price named in the Bid Schedule under Item No. 12, which shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, removal of dished head, installation of butt strap for closing section, abandonment and/or removal of existing piping and valves, properly plugging abandoned piping as indicated on the plans, thrust blocks, locator tape, disposal of excess excavated material, pavement removal and replacement, pavement overlay, re-striping, traffic control, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. L. CONSTRUCT CONNECTION AT STATION No. 83+91 .OO, Bid Item 13. 1. Measurement for payment for construction of the connection to the existing 8-inch diameter steel water main at Station No. 83+91 .OO along Cassia Road will be based upon the complete work, all in accordance with the requirements of the Contract Documents. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 7 of 20 M. 2. Payment for construction of the connection to the existing 8-inch diameter steel water main at Station No. 83+91.00 along Cassia Road will be made at the lump sum price named in the Bid Schedule under Item No. 13, which shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, couplings, removal of existing piping, abandonment of existing piping and valves, properly plugging abandoned piping, thrust blocks, locator tape, disposal of excess excavated material, pavement removal and replacement, pavement overlay, re-striping, traffic control, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price - CONSTRUCT 2-INCH AIR RELEASE AND VACUUM RELIEF VALVE, Bid Item 1. 2. Measurement for payment for construction of 2-inch air release and vacuum relief valve assembly, will be based upon the actual quantity, each, of such 2-inch air release and vacuum valve assembly furnished and installed per the Carlsbad Municipal Water District Standard Drawing No. W7, all in accordance with the requirements of the Contract Documents. Payment for said 2-inch air release and vacuum relief valve assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 14, which price shall constitute full compensation for the complete 2-inch air release and vacuum valve assembly. - N. CONSTRUCT 2-INCH MANUAL AIR RELEASE VALVE, Bid Item 15. 1. Measurement for payment for construction of 2-inch manual air release valve assembly, will be based upon the actual quantity, each, of such 2-inch manual air release valve assembly furnished and installed per the Carlsbad Municipal Water District Standard Drawing No. W6, all in accordance with the requirements of the Contract Documents. 2. Payment for said 2-inch manual air release valve assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 15, which price shall constitute full compensation for the complete 2-inch manual air release valve assembly. 0. FURNISH AND CONSTRUCT 4-INCH BLOW OFF ASSEMBLY, Bid Item 16. 1. Measurement for payment for construction of 4-inch blow off assembly, will be based upon the actual quantity, each, of such 4-inch blow off assembly furnished and installed per the Carlsbad Municipal Water District Standard Drawing No. W1 1, all in accordance with the requirements of the Contract Documents. - 2. Payment for said 4-inch blow off assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 16, which price shall constitute full compensation for the complete 4-inch blow off assembly. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 8 of 20 P. FURNISH AND INSTALL 6-INCH FIRE HYDRANT ASSEMBLY, Bid Item 17 1. Measurement for payment for construction of 6-inch fire hydrant assembly, will be based upon the actual quantity, each, of such 6-inch fire hydrant assembly per the Carlsbad Municipal Water District Standard Drawing No. W12 and as shown on the plans, all in accordance with the requirements of the Contract Documents. c 2. Payment for said 6-inch fire hydrant assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 17, which price shall constitute full compensation for the complete 6-inch fire hydrant assembly. Q. FURNISH AND INSTALL 30-INCH BUTERFLY VALVE, Bid Item 18 1. Measurement for payment for construction of 30-inch butterfly valve, will be based upon the actual quantity, each, of such 30-inch butterfly valve and valve assembly per the Carlsbad Municipal Water District Standard Drawing Nos. W17 and W13, all in accordance with the requirements of the Contract Documents. 2. Payment for said 30-inch butterfly valve and valve box assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 18, which price shall constitute full compensation for the complete installed 30-inch butterfly valve and valve box assembly. R. FURNISH AND INSTALL 24-INCH BUTTERFLY VALVE, Bid Item 19 1. Measurement for payment for construction of 24-inch butterfly valve, will be based upon the actual quantity, each, of such 24-inch butterfly valve and valve box assembly, per the Carlsbad Municipal Water District Standard Drawing Nos. W17 and W13, all in accordance with the requirements of the Contract Documents. 2. Payment for said 24-inch butterfly valve and valve box assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 19, which price shall constitute full compensation for the complete installed 24-inch butterfly valve and valve box assembly. S. FURNISH AND INSTALL 14-INCH BUTTERFLY VALVE, Bid Item 20 1. Measurement for payment for construction of 14-inch butterfly valve, will be based upon the actual quantity, each, of such 14-inch butterfly valve and valve box assembly per the Carlsbad Municipal Water District Standard Drawing Nos. W17 and W13, all in accordance with the requirements of the Contract Documents. 2. Payment for said 14-inch butterfly valve and valve box assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 20, which price shall constitute full compensation for the complete installed 14-inch butterfly valve and valve box assembly. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 9 of 20 T. U. V. W. FURNISH AND INSTALL 16-INCH BUTTERFLY VALVE, Bid Item 21. 1. Measurement for payment for construction of 16-inch butterfly valve, will be based upon the actual quantity, each, of such 16-inch butterfly valve and valve box assembly per the Carlsbad Municipal Water District Standard Drawing Nos. W17 and W13, all in accordance with the requirements of the Contract Documents. 2. Payment for said 16-inch butterfly valve and valve box assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 21, which price shall constitute full compensation for the complete installed 16-inch butterfly valve and valve box assembly. FURNISH AND INSTALL 12-INCH RESILIENT WEDGE GATE VALVE, Bid Item 22. 1. Measurement for payment for construction of 12-inch resilient wedge gate valve, will be based upon the actual quantity, each, of such 12-inch resilient wedge gate valve and valve box assembly per the Carlsbad Municipal Water District Standard Drawing Nos. W16 and W13, all in accordance with the requirements of the Contract Documents. 2. Payment for said 12-inch resilient wedge gate valve and valve box assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 22, which price shall constitute full compensation for the complete installed 12-inch resilient wedge gate valve and valve box assembly. FURNISH AND INSTALL 8-INCH RESILIENT WEDGE GATE VALVE, Bid Item 23. 1. 2. Measurement for payment for construction of 8-inch resilient wedge gate valve, will be based upon the actual quantity, each, of such 8-inch resilient wedge gate valve and valve box assembly per the Carlsbad Municipal Water District Standard Drawing No. W16 and W13, all in accordance with the requirements of the Contract Documents. Payment for said 8-inch resilient wedge gate valve and valve box assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 23, which price shall constitute full compensation for the complete 8-inch resilient wedge gate valve and valve box assembly. FURNISH AND INSTALL CATHODIC PROTECTION, Bid Item 24. 1. No measurement will be made for this item. - 2. Payment for cathodic protection of 30-inch and 24-inch CML, tape wrapped and mortar coated steel pipe transmission main will be made at the lump sum price named in the Bid Schedule under Item No. 24, which shall constitute full compensation for completely furnishing all labor, materials and equipment to City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 10 of 20 .- X. Y. Z. install cathodic protection for steel transmission mains including: excavation, backfill, bedding, compaction, wiring, welding, test stations, testing of system and documented recordation of initial readings, disposal of excess excavated materials, removal and replacement of pavement, and any appurtenant work as shown on the Plans and Specifications. INSTALL TRAFFIC VIDEO DETECTION SYSTEM, Bid Item 25. 1. Measurement for payment for installation of permanent traffic video detection equipment, will be based upon the actual quantity, each, of such detection systems furnished and installed per the City of Carlsbad standard, all in accordance with the requirements of the traffic control Contract Documents. 2. Payment for said traffic video detection equipment assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 25, which price shall constitute full compensation for the completed and functioning installation. PROVIDE PROJECT CONSTRUCTION SCHEDULE, Bid Item 26. 1. No measurement shall be made for this item. This item covers all the work necessary for providing the project construction schedule in accordance with the requirements of the Contract Documents. 2. Payment for Bid Item 26, will be based upon the following: a. Upon acceptance by the District Representative, the payment will be made at the lump sum price named in the Bid Schedule under Item No. 26. Partial payments will be made on the basis of the percentage of construction completion with respect to the recycled waterline. PROVIDE AND PREPARE DRAWINGS FOR SWPPP AND BMP PERMITS AND FURNISH AND INSTALL EROSION CONTROL AND WATER POLLUTION CONTROL DEVICES, Bid Item 27 1. No measurement will be made for this item. 2. Payment for providing and preparing drawings for SWPPP and BMP permits and furnishing and installing erosion control and water pollution control devices, will be made at the lump sum price named in the Bid Schedule under Item No. 27, which shall constitute full compensation for this item. AA. PROVIDE EXCAVATION SAFETY MEASURES, Bid Item 28. 1. No measurement will be made for this item. 2. Payment for providing excavation safety measures including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conformance with applicable safety orders, will be made City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 1 1 of 20 at the lump sum price named in the Bid Schedule under Item No. 28, which shall constitute full compensation for this item. - 3.4 BID SCHEDULE NO. 2 - RECYCLED WATER TRANSMISSION MAIN - CONTRACT NO. 38871-H The drawings associated with Bid Schedule No. 2 are titled “El Camino Real and Cassia Road 18’720” Recycled Water Transmission Mains,” sheets 1 through 22, CIP No. 38871 -H. A. MOBILIZATION, DEMOBILIZATION AND CLEANUP, Bid Item 1. 1. No measurement shall be made for this item. This item covers all the work necessary for mobilization, demobilization, providing project sign, on-going compliance with the General Conditions and final clean-up of construction site. Mobilization includes: (1) Obtaining all permits necessary for performing the work. (2) Assembly, equipment, material and supplies for the prosecution of the work but which are not to be incorporated in the work. (3) Construction of temporary yards, access road, development of disposal areas and other facilities. (4) Provide project sign and install as directed by the District. (5) Compliance with the General Conditions. Demobilization includes: (1) removal of all temporary facilities from the site. (2) Clean up of all debris and disposal offsite. (3) Contract closeout. - 2. Payment for Bid Item 1, will be based upon the following: a. During the course of project construction the amount paid for Mobilization and Demobilization will be 100 percent of the contract price for Bid Item 1 or 3.0 percent of the original contract amount, whichever is the less. b. During the course of project construction, the amount paid for Mobilization will be 70 percent of the contract price for Bid Item 1 or 70 percent of 3.0 percent of the original contract amount, whichever is the less. The initial partial payment for Mobilization will not exceed one-third of the amount paid to be paid for this item. Payment requests for Mobilization shall be accompanied by information (invoices, timesheets, etc.) that support the amount being requested. c. During the course of project construction, the amount paid for Demobilization will be 30 percent of the contract price for Bid Item 1 or 30 percent of 3.0 percent of the original contract amount, whichever is the less. d. After completion of the work and acceptance of the contract, the amount, if any, of the contract item price for Mobilization and Demobilization in excess of 3.0 percent of the original contract amount will be included for payment. --4 City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 12 of 20 c B. PERFORM EXPLORATORY EXCAVATIONS FOR UNDERGROUND UTILITIES, Bid Item 2. 1. Measurement for payment for performing exploratory excavation at all under ground utility crossings and points of connection to verify location, size and type of existing facility will be based upon the complete work, all in accordance with the requirements of the Contract Documents. 2. Payment for performing exploratory excavation at all underground utility crossings and points of connection to verify location, size and type, of existing facility will be made at the lump sum price named in the Bid Schedule under Item No. 2, which shall constitute full compensation for completely performing all exploratory excavations, including but not limited to, pavement removal and restoration, excavation and backfill, obtaining depths and sizes of utilities, traffic control and other ancillary work. C. CONSTRUCT 20-INCH DIAMETER RECYCLED WATER MAIN, Bid Item 3. 1. Measurement for payment for construction of 20-inch diameter C-905 Class 235 PVC pipe recycled water main (Line A) in El Camino Real from Station No. 100+00 to approximate Station No. 157+85 will be based upon the number of linear feet of such pipe actually placed as determined by measurement along the centerline of such pipe, all in accordance with the requirements of the Contract Documents. 2. Payment for construction of 20-inch diameter C-905 Class 235 PVC pipe recycled water main (Line A) in El Camino Real from Station No. 100+00 to approximate Station No. 157+85 will be made at the unit price per linear foot named in the Bid Schedule under Item No. 3, which price shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, thrust blocks, disposal of excess excavated material, pavement removal and replacement, pavement overlay, re- striping, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. D. PROVIDE TRAFFIC CONTROL, Bid Items 4,12 and 14 1. No measure shall be made for these items. i-- 2. Payment for traffic control related to construction of bid item Nos. 4, 12 and 14 will be made at the lump sum price named in the Bid Schedule. Partial payments will be made on the basis of the percentage of construction completion with respect to the recycled waterline up to a maximum of 50-percent of the lump sum price. The final amount which constitutes full compensation for the complete work can be applied for upon completion and acceptance by the jurisdictional agency of the paving repair, final paving, pavement overlay, and re-striping. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 13 of 20 E. PROVIDE HIGH LINE FOR BY-PASSING 12-INCH RECYCLED WATER MAIN, Bid Item 5 x 1. No measure shall be made for these items. 2. Payment for installation and construction of High Line and appurtenances as approved by shop drawings to convey flow around the planned abandonment 12-inch recycled water main during construction of the recycled water main as indicated in Bid Item No. 5 and project documents will be made at the lump sum price named in the Bid Schedule under Item No. 5. Partial payments will be made per the following schedule: 1'' 40% of the lump sum indicated in Item No. 6 after completion on installation, disinfection, and initial by-passing is started, 2nd the next set of payments for Item No. 5 will be issued on the basis of the percentage of construction completion with respect to the recycled waterline or duration of high lining operation whichever is longer up to a maximum of 80%, and 3rd the final payment of the remaining 20% will be made after removal is completed and accepted by the district. The 1'' payment includes but not limited to placing such pipe including excavation, backfill, bedding, compaction, fittings, thrust blocks, disposal of excess excavated material testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, the 2nd pa ment phase includes maintaining the high line in an operational status and 3 payment includes the removal of the high line equipment, piping and any restoration required including but not limited to rK backfilling, pavement replacement, and re-striping. -_ F. CONSTRUCT 12-INCH DIAMETER RECYCLED WATER MAIN, Bid Item 6. 1. Measurement for payment for construction of 12-inch diameter C-900 Class 150 PVC pipe recycled water main lateral (Line Al) and appurtenances to the east at approximate Station No. 11 2+90 will be based upon the complete work, all in accordance with the requirements of the Contract Documents. 2. Payment for construction of 12-inch diameter C-900 Class 150 PVC pipe recycled water main lateral (Line Al) and appurtenances to the east at approximate Station No. 112+90 will be made at the lump sum price named in the Bid Schedule under Item No. 6, which price shall constitute full compensation for furnishing and placing such pipe including excavation, removal of existing piping and valves, proper abandonment of existing piping, backfill, bedding, compaction, fittings, thrust blocks, reconnection to existing piping, phased construction per City requirements, disposal of excess excavated material, traffic control, pavement removal and replacement, pavement overlay, re-striping, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic 84 Recycled Water Transmission Mains 01 025 - Measurement and Payment - 14 of 20 G. - Item 7. CONSTRUCT 10-INCH DIAMETER RECYCLED WATER MAIN STUB-OUT, Bid 1. Measurement for payment for construction of 1 0-inch diameter C-900 PVC Class 200 pipe recycled water main stub-out (Line A2) and appurtenances to the west at approximate Station No. 124+77 (Camino Vida Roble) will be based upon the complete work, all in accordance with the requirements of the Contract Documents. 2. Payment for construction of 10-inch diameter C-900 PVC Class 200 pipe recycled water main stub-out (Line A2) and appurtenances to the west at approximate Station No. 124+77 (Camino Vida Roble) will be made at the lump sum price named in the Bid Schedule under Item No. 7, which price shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, temporary blow-off assembly, thrust blocks, phased construction per City requirements, connection to existing recycled water main, disposal of excess excavated material, pavement removal and replacement, traffic control, pavement overlay, re-striping, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. H. CONSTRUCT 12-INCH DIAMETER RECYCLED WATER MAIN, Bid Item 8. 1. Measurement for payment for construction of 12-inch diameter C-900 Class 150 PVC pipe recycled water main (Line A3) and appurtenances to the east at approximate Station No. 138+78 (Town Garden Road) will be based upon the complete work, all in accordance with the requirements of the Contract Documents. 2. Payment for construction of 12-inch diameter C-900 Class 150 PVC pipe recycled water main (Line A3) and appurtenances to the east at approximate Station No. 138+78 (Town Garden Road) will be made at the lump sum price named in the Bid Schedule under Item No. 8, which price shall constitute full compensation for furnishing and placing such pipe, including excavation, backfill, bedding, compaction, fittings, temporary blow-off assembly, thrust blocks, phased construction per City requirements, connection to the existing 12-inch diameter recycled water main, disposal of excess excavated material, pavement removal and replacement, traffic control, pavement overlay, re- striping, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. 1. CONSTRUCT 30-INCH DIAMETER RECYCLED WATER MAIN, Bid Item 9. 1. Measurement for payment for construction of 30-inch diameter CML and tape- wrapped, CMC recycled water main (Line A4) and appurtenances to the east at approximate Station No. 150+00 will be based upon the complete work, all in accordance with the requirements of the Contract Documents. -- City of Carlsbad 03/04 (D B E) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01025 - Measurement and Payment - 15 of 20 2. Payment for construction of 30-inch diameter CML and tape-wrapped, CMC recycled water main (Line A4) and appurtenances to the east at approximate Station No. 150+00 will be made at the lump sum price named in the Bid Schedule under Item No. 9, which price shall constitute full compensation for furnishing and placing such pipe, including excavation, backfill, bedding, compaction, fittings, temporary blow-off assembly, thrust blocks, phased construction per City requirements, connection to existing 30-inch diameter recycled water main , disposal of excess excavated material, pavement removal and replacement, traffic control, pavement overlay, re-striping, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. - J. CONSTRUCT 20-Inch Diameter Recycled Water Main Stub-Out, Bid Item 10. 1. Measurement for payment for construction of 20-inch diameter C-905 Class 235 PVC pipe recycled water main stub-out (Line A5) and appurtenances to the east at approximate Station No. 157+65 will be based upon the complete work, all in accordance with the requirements of the Contract Documents. 2. Payment for construction of 20-inch diameter (2-905 Class 235 PVC pipe recycled water main stub-out (Line A5) and appurtenances to the east at approximate Station No. 157+65 will be made at the lump sum price named in the Bid Schedule under Item No. 10, which price shall constitute full compensation for furnishing and placing such pipe, including excavation, - backfill, bedding, compaction, fittings, temporary blow-off assembly, thrust blocks, phased construction per City requirements, disposal of excess excavated material, pavement removal and replacement, traffic control, pavement overlay, re-striping, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. K. CONSTRUCT 18-INCH DIAMETER RECYCLED WATER MAIN, Bid Item 11. 1. Measurement for payment for construction of 18-inch diameter C-905 Class 235 PVC pipe recycled water main in El Camino Real from approximate Station No. 157+85 to Station 162+07.79 will be based upon the number of linear feet of such pipe actually placed as determined by measurement along the centerline of such pipe, all in accordance with the requirements of the Contract Documents. 2. Payment for construction of 18-inch diameter (3-905 Class 235 PVC pipe recycled water main in El Camino Real from approximate Station No. 157+85 to Station 162+07.79 will be made at the unit price per linear foot named in the Bid Schedule under Item No. 11 , which price shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, thrust blocks, disposal of excess excavated material, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. pavement removal and replacement, pavement overlay, re-striping, testing, -. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01025 - Measurement and Payment - 16 of 20 L. CONSTRUCT 18-INCH DIAMETER RECYCLED WATER MAIN, Bid Item 13. 1. Measurement for payment for construction of 18-inch diameter C-905 Class 235 PVC and ductile iron pipe recycled water main (Line B) in Cassia Road from approximate Station No. 170+00 to approximate Station 175+00 will be based upon the number of linear feet of such pipe actually placed as determined by measurement along the centerline of such pipe, all in accordance with the requirements of the Contract Documents. - 2. Payment for construction of 18-inch diameter C-905 Class 235 PVC and ductile iron pipe recycled water main (Line B) in Cassia Road from approximate Station No. 170+00 to approximate Station 175+00 will be made at the unit price per linear foot named in the Bid Schedule under Item No. 13, which price shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, thrust blocks, disposal of excess excavated material, pavement removal and replacement, pavement overlay, curb and gutter removal and replacement, re-striping, testing, flushing and disinfection and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. M. CONSTRUCT CONNECTION IN CASSIA ROAD AT STATION NO. 175+00, Bid Item 15. .- 1. Measurement for payment for construction of the connection to the existing 18- inch diameter transmission main at Station No. 175+00 along Cassia Road will be based upon the complete work, all in accordance with the requirements of the Contract Documents. 2. Payment for construction of the connection to the existing 18-inch diameter transmission main at Station No. 175+00 along Cassia Road will be made at the lump sum price named in the Bid Schedule under Item No. 15, which shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, fittings, removal of temporary thrust blocks, installation of closing section, abandonment and/or removal of existing piping and valves, properly plugging abandoned piping as indicated on the plans, thrust blocks, locator tape, disposal of excess excavated material, pavement removal and replacement, pavement overlay, re-striping, traffic control, testing and flushing and any appurtenant work as shown on the Plans or called for in the Specifications, complete in place for the unit price. N. CONSTRUCT 2-INCH AIR RELEASE AND VACUUM RELIEF VALVE, Bid Item - 16. 1. Measurement for payment for construction of 2-inch air release and vacuum relief valve assembly, will be based upon the actual quantity, each, of such 2-inch air release and vacuum valve assembly furnished and installed per the Carlsbad Municipal Water District Standard Drawing No. W7, all in accordance with the requirements of the Contract Documents. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01025 - Measurement and Payment - 17 of 20 2. Payment for said 2-inch air release and vacuum relief valve assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 16, which price shall constitute full compensation for the complete 2-inch air release and vacuum valve assembly. .- 0. CONSTRUCT 2-INCH MANUAL AIR RELEASE VALVE, Bid Item 17. 1. Measurement for payment for construction of 2-inch manual air release or blow- off valve assembly, will be based upon the actual quantity, each, of such 2-inch manual air release or blow-off valve assembly furnished and installed per the Carlsbad Municipal Water District Standard Drawing No. W6, all in accordance with the requirements of the Contract Documents. 2. Payment for said 2-inch manual air release or blow-off valve assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 18, which price shall constitute full compensation for the complete 2-inch manual air release or blow-off valve assembly. P. FURNISH AND CONSTRUCT 4-INCH BLOW OFF ASSEMBLY, Bid Item 18. 1. Measurement for payment for construction of 4-inch blow off assembly, will be based upon the actual quantity, each, of such 4-inch blow off assembly furnished and installed per the Carlsbad Municipal Water District Standard Drawing No. W1 1, all in accordance with the requirements of the Contract Documents. I_ 2. Payment for said 4-inch blow off assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 18, which price shall constitute full compensation for the complete 4-inch blow off assembly. Q. FURNISH AND INSTALL 20-INCH BUlTERFLY VALVE, Bid Item 19. 1. Measurement for payment for construction of 20-inch butterfly valve and valve box assembly, will be based upon the actual quantity, each, of such 20-inch butterfly valve and valve box assembly, per the Carlsbad Municipal Water District Standard Drawing Nos. W17 & W13, all in accordance with the requirements of the Contract Documents. 2. Payment for said 20-inch butterfly valve and valve box assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 19, which price shall constitute full compensation for the complete and installed 20-inch butterfly valve and valve box assembly. R. FURNISH AND INSTALL 18-INCH BUTTERFLY VALVE, Bid Item 20. 1. Measurement for payment for construction of 18-inch butterfly valve and valve box assembly, will be based upon the actual quantity, each, of such 18-inch butterfly valve and valve box assembly, per the Carlsbad Municipal Water District Standard Drawing Nos. W17 & W13, all in accordance with the requirements of the Contract Documents. -4 City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 18 of 20 I 2. Payment for said 18-inch butterfly valve and valve box assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 20, which price shall constitute full compensation for the complete and installed 18-inch butterfly valve and valve box assembly. S. FURNISH AND INSTALL 12-INCH RESILIENT WEDGE GATE VALVE, Bid Item 21. 1. Measurement for payment for construction of 12-inch resilient wedge gate valve and valve box assembly, will be based upon the actual quantity, each, of such 12-inch resilient wedge gate valve and valve box assembly, per the Carlsbad Municipal Water District Standard Drawing Nos. W16 & W13, all in accordance with the requirements of the Contract Documents. 2. Payment for said 12-inch resilient wedge gate valve and valve box assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 21, which price shall constitute full compensation for the complete and installed. 12- inch resilient wedge gate valve and valve box assembly. T. FURNISH AND INSTALL 10-INCH RESILIENT WEDGE GATE VALVE, Bid Item 22. 1. Measurement for payment for construction of 1 O-inch resilient wedge gate valve and valve box assembly, will be based upon the actual quantity, each, of such 10-inch resilient wedge gate valve and valve box assembly, per the Carlsbad Municipal Water District Standard Drawing Nos. W16 & W13, all in accordance with the requirements of the Contract Documents. 2. Payment for said 1 O-inch resilient wedge gate valve and valve box assembly, will be made at the unit price, each, named in the Bid Schedule under Item No. 22, which price shall constitute full compensation for the complete and installed 8-inch resilient wedge gate valve and valve box assembly. U. FURNISH AND CONSTRUCT A 1-INCH RECYCLED WATER IRRIGATIONAL METER SERVICE, Bid Item 23. 1. Measurement for payment for a 1 -inch recycled water irrigational meter service, will be based upon the actual quantity, each, of such a 1-inch recycled water irrigational meter service, per the Carlsbad Municipal Water District Standard Drawing No. W4, all in accordance with the requirements of the Contract Documents. 2. Payment for said a l-inch recycled water irrigational meter service, will be made at the unit price, each, named in the Bid Schedule under Item No. 23, which price shall constitute full compensation for the complete and installed a 1 -inch recycled water irrigational meter service. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 025 - Measurement and Payment - 19 of 20 V. FURNISH AND CONSTRUCT A 2-INCH RECYCLED WATER IRRIGATIONAL METER SERVICE, Bid Item 24. A 1. Measurement for payment for a 2-inch recycled water irrigational meter service, will be based upon the actual quantity, each, of such a 2-inch recycled water irrigational meter service, per the Carlsbad Municipal Water District Standard Drawing No. W4, all in accordance with the requirements of the Contract Documents. 2. Payment for said a 2-inch recycled water irrigational meter service, will be made at the unit price, each, named in the Bid Schedule under Item No. 24, which price shall constitute full compensation for the complete and installed a 2-inch recycled water irrigational meter service. W. PROVIDE EXCAVATION SAFETY MEASURES, Bid Item 25. 1. No measurement will be made for this item. 2. Payment for providing excavation safety measures including sheeting, shoring and bracing, or equivalent method for the protection of life and limb in trenches and open excavation in conformance with applicable safety orders, will be made at the lump sum price named in the Bid Schedule under Item No. 25, which shall constitute full compensation for this item. .- END OF SECTION City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01025 - Measurement and Payment - 20 of 20 SECTION 01040 COORDINATION PART 1 - GENERAL 1.1 Work Included A. Licenses, permits, sales taxes, coordination with Owner, Federal, State and Local authorities, utilities, neighboring property owners, special events and other contractors. 1.2 Related Work A. B. Section 02225: Utility Crossings Section 01 500: Construction Facilities and Temporary Controls C. Section 01300: Submittals 1.3. Permits A. Obtain, pay for, and comply with required permits, licenses, work permits and authorizations from appropriate agencies, including the following: 1. Licenses a. Before submitting bids, Contractors shall be licensed in accordance with provisions of Chapter 9, Division 3, of the Business and professions Code of the State of California. 2. State and federal permits a. Excavation and Dirt Moving Permit from Cal OSHA b. c. NPDES permit for dewatering Safety Permit from California Division of Industrial Safety 3. Other permits a. Air Pollution Control District b. County of San Diego Health Department 4. City Permits The Contractor will obtain for the Project, the following permits: City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01040 Coordination - 1 of 4 a. Encroachment permits for access to City right-of-way (no fee) b. Haul routes ( no fee) c. Night time inspection/work after hours d. Connection/shut down (no fee) 1.4 Coordination with Owner A. Notify Owner at least 72 hours before start of construction. B. Submit written details and reasons for proposed deviations from Contract Documents. Do not deviate from contract documents until written authorization is received. C. If Contractor fails to comply with a request of Owner, or is unable to comply with a request, and it is necessary for Owner's forces to do Work that is Contractor's responsibility, Owner will bill Contractor. Each incident requiring work by Owner's forces will be covered by a separate billing. 1.5 Coordination with Carlsbad Municipal Water District A. Contact City of Carlsbad Public Works Department, 72 hours before start of - construction at the following location: C/O CITY OF CARLSBAD Construction Management and Inspection Division 5950 El Camino Real Carlsbad, CA 92008 (760) 602-2780 (760) 438-4 1 78 (Fax) B. Do not begin Work until Contractor's schedule, traffic control plans, haul routes, and permits have been reviewed and approved by District. C. Submit a written Request for Shutdown to the Agency seven (7) Working Days in advance of the anticipated shutdown date for any water, sewer, or storm drain facility. In regard to any water or sewer utility, the Water Utility Department must confirm that all necessary materials (valves, piping, appurtenances, etc.) have an approved submittal, have been inventoried and verified by the District Inspector, and are on the jobsite prior to the written Request for Shutdown being submitted. Do not assume water or sewer lines can be shut down. Do not shut down utilities without prior written authorization. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 040 Coordination - 2 of 4 D. Coordinate draining and filling of water lines, and operation of existing valves with District Engineer or appropriate Utility Owner. ..- E. Coordinate with Utility Operations of Public Works regarding time of day that system tie-ins are made. 1.6 Coordination with District, Countv or State Traffic Engineer A. Coordinate with District, County or State Traffic Engineer as required, to perform all portions of the Work. 1.7 Coordination with Propertv Owners A. Coordinate construction with property owners neighboring project limits, especially with regard to any limitations with access to their property. B. At a minimum, the contractor shall coordinate with concurrent projects in the area such as Bressi Ranch Development, El Camino Real Lane Widening, etc. 1.8 Coordination with Utilities A. B. C. Protect existing underground utilities. The Contractor shall coordinate with all utilities affected by the project to mark-out their locations for potholing and notify utilities of progress during construction so utility field personnel are available when required. SDG&E and Kinder Morgan require a standby inspector(s) be present for work near their utilities. The contractor shall be responsible for coordination, payment (if any) and scheduling issues with utilities. Electrical utility companies may maintain energized aerial electrical power lines in immediate vicinity of Work. Do not consider these lines to be insulated. Construction personnel working near these lines are exposed to an extreme hazard from electrical shock. Contractors, their employees and construction personnel working on this project must be warned of the danger and instructed to take adequate protective measures, including maintaining a minimum of 10 feet clearance between lines and construction equipment and personnel. (See OSHA Std. 1926.550(A)15). As an additional safety precaution, call electrical utility company to arrange, if possible, to have these lines de-energized or relocated when Work reaches their immediate vicinity. Cost of such temporary arrangements shall be borne by Contractor. All demolition of existing facilities or portions there of shall be coordinated and performed by the Contractor. All costs associated with abandonments or demolition shall be borne by the Contractor. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01040 Coordination - 3 of 4, 1.9 Submittals -" A. Supplementary progress schedules shall be submitted after Work is in progress, when requested by the Engineer. Schedule changes requiring an increase in Owner's, Servicing Utility's or District's Engineering personnel on project shall not be put into effect until Owner, Servicing Utility, or District has made arrangements for additional personnel. B. The Contractor shall submit a detailed plan and written description of any water facility tie-in. The plan will include, but is not limited to, all necessary pumps, standby pump(s), piping, appurtenances, and 24-hour staffing schedule. When the submittal has been approved, and all necessary testing has been successfully completed, the Contractor will submit a Request for Shutdown seven (7) working days in advance of the anticipated shutdown date. 1.10 Unit Prices A. Payment for obtaining and complying with permits during construction, including NPDES permits, building permits, encroachment permits, excavation permits, drilling permits, disposal permits, temporary easements, licenses, inspection fees, and Federal, State and local taxes will be included in prices bid for Work for which such costs are appurtenant. B. Payment for coordinating with agencies, events and persons described will be included in prices bid for Work to which coordination is appurtenant. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 040 Coordination - 4 of 4 SECTION 01 047 - CONNECTIONS TO EXISTING FACILITIES PART 1 - GENERAL 1.1 SCOPE A. Perform all construction necessary to complete connections and tie-ins to existing facilities under District Supervision. B. Keep existing facilities in operation, unless otherwise specifically permitted in these Specifications or approved by OWNER. C. CONTRACTOR shall perform all construction activities so as to avoid interference with operations of the facility and the work of others. D. CONTRACTOR shall provide potholing for locating and field verifying all existing piping, structures and equipment affected by the Work. All potholing shall be performed by the CONTRACTOR at no additional cost to the OWNER. Delays in the Work, as a result of insufficient potholing, will be solely the CONTRACTORS responsibility. No time extensions will be allowed for Contract Work that is delayed as a result of insufficient potholing and field verification. _- 1.2 SEQUENCING AND OPERATIONS A. All operation of existing valves required for the Work shall be done by the District. B. Insofar as possible, all equipment shall be tested and in operating condition before the final tie-ins are made to connect equipment to the existing facility. C. CONTRACTOR shall carefully coordinate all Work and schedules and shall provide OWNER written notice before shut-downs or by-passes are required. 1/3 SUBMllTALS A. Submit detailed schedule of proposed connections, listing sequence and durations of all activities including shut-downs and tie-ins. PART 2 - PRODUCTS (Not Applicable) PART 3 - MATERIALS (Not Applicable) LI END OF SECTION City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 047 Connections to Existing Facilities - 1 of 1 SECTION 01 048 SPECIAL CONSTRUCTION CONDITIONS AND PROCEDURES - GENERAL I. PART 1 - GENERAL 1.1 SCOPE A. This section covers special construction conditions and procedures associated with this construction contract. 1.2 REQUIREMENTS COVERED IN OTHER SPECIFICATION SECTIONS A. Section 01 01 1 : General Construction Sequence B. Section 01 040: Coordination C. Section 01 047: Connection to Existing Facilities 1.3 SANITARY ARRANGEMENTS A. The Contractor shall be responsible for providing sanitation facilities for his employees and shall fully comply with the rules and regulations of the State Board of Health and/or other bodies having jurisdiction. -_ B. The Contractor shall, at all times, provide for his employees abundant supply of safe drinking water and shall give orders against the use of, for drinking purposes, any water in the vicinity of the Work known to be unsafe. C. The Contractor shall provide suitable and conveniently located temporary toilets for use by his forces. They shall be left at the site until final inspection has been made. 1.4 NORMAL WORK SCHEDULE A. Contractor shall conduct all Work within the following District-approved schedule however, working hours required by traffic control plans supersede this: 1. Normal Work Hours: 8:30 AM to 3:30 PM 2. Normal Work Days: Monday through Friday B. Exceptions to this Work schedule shall be only as approved in writing by the District per Paragraph 1.5 below. 1.5 SATURDAY, SUNDAY, HOLIDAY AND NIGHT WORK A. No work shall be done between the hours of 4:OO p.m. and 7:OO a.m., nor on Saturdays, Sundays or legal holidays, except such work as is necessary for the City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 048 - Special Construction Conditions and Procedures - General - 1 of 5 _- proper care and protection of the Work already performed, or except in case of emergency, and in any case only with the written notice of the Owner. B. It is understood, however, that night work may be established as a regular procedure by the Contractor if he first obtains the written notice of the Owner, and that such notice may be revoked at any time by the Owner if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the Work. 1.6 MITIGATION MEASURES A. The Contractor shall not operate noisy or otherwise irritating construction equipment except during normal working hours, 7:OO a.m. through 4:OO p.m., Monday through Friday, except with written notice of work as outlined in Paragraph 1.5.B. B. The Contractor shall employ dust control measures to the satisfaction of the Owner throughout the duration of the project. 1.7 COOPERATION WITH OTHER CONTRACTORS A. The Owner may have additional work performed in this area by other Contractors. The Contract requires cooperation with those contractors in the area. Any difference or conflict which may arise between the Contractor and other contractors shall be adjusted and determined by the Owner. The Contractor shall conduct his operations as to interfere to the least possible extent with the work being done by other contractors. The Contractor shall make good, promptly, any injury or damage to other contractor's work caused at his hands and at his own expense, and no additional allowance will be made therefore. 1.8 SITE CLEARANCE A. The Contractor shall restrict his area of activity to avoid damage of trees and shrubs and shall not remove trees unless specifically directed by the contract Plans and Specifications or at the Owner's direction. The Contractor is responsible for the disposal of all material to be removed. If burning is anticipated, the Contractor shall obtain all necessary permits and shall give ample and proper notice to the local fire warden. B. All fences, walls, shrubs, sprinkler systems, substructures or any other improvement removed or disturbed by the Contractor during construction shall be replaced and/or repaired at the Contractor's expense to the satisfaction of the Owner immediately. 1.9 PUBLIC UTILITIES .* A. Location of utilities shown on the Plans were obtained from maps furnished by the various utility companies, but may not be entirely accurate. The Contractor shall cooperate with the utility companies' representation in the field in order to City of Carlsbad 03/04 (DB E) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 048 - Special Construction Conditions and Procedures - General - 2 of 5 ascertain the location of the utility lines ahead of potholing and trenching operations. The Contractor shall excavate and expose all utilities crossing the alignment or parallel to it, and within 5 feet from the alignment, prior to the submittal of shop drawings for pipe and fittings, in order that any adjustments to the alignment and/or grade of the proposed work requires modifications or redesign. - 1.1 0 COMPACTION TESTING A. The Owner will bear the costs of all initial compaction testing as specified in Section 02200. The costs of further testing, made necessary as the result of materials failing the initial testing, will be paid by the Owner and such costs will be deducted from the progress payments to the Contractor. 1.1 1 PRE-CONSTRUCTION CONFERENCE A. A pre-construction conference shall be held prior to the commencement of construction of the Work herein defined and all understandings, interpretations and agreements reached at said conference shall be reduced to writing, by the Owner and mailed to all parties attending said pre-construction conference. The understanding, interpretations and agreements set forth herein shall hereinafter be considered as a part of the Contract Documents. 1.12 STANDARDIZATION AND UNIFORMITY OF EQUIPMENT AND CERTAIN - MATERIALS A. To ensure standardization and uniformity in all parts of the Work under this Contract, like items of new (i.e., non-salvaged) equipment shall be the products of one manufacturer. Like items of certain materials shall be the products of one manufacturer. Materials, equipment, and appliances shall be current models now in production. B. Uniformity in like equipment items is required in order to provide the Owner with inter-changeability capabilities, simplified spare parts inventory, and standardized maintenance programs and manufacturers' services. C. Standardization requirements shall be as specified in the various technical sections. D. Generally, material items exempt from standardization include structural steel, reinforcing steel, building insulation, roofing materials, sheet metal, materials specified only by reference to a recognized standard, and items hidden from view where inter-changeability, color, and texture is not a significant factor for standardization. E. The Contractor shall inform his suppliers and subcontractors of these - requirements, and shall provide the necessary coordination to accomplish the standardization specified. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 048 - Special Construction Conditions and Procedures - General - 3 of 5 1.13 COMPLIANCE WITH STATE SAFETY CODES A. _c All necessary machinery guards, railings, and other protective devices shall be provided as specified and/or required by the State of California Division of Industrial Safety and the Occupational Safety and Health Administration. It is assumed that all fabricators, electrical and machinery manufacturers and other equipment suppliers are conversant with such regulations and they shall be responsible for the industrial safety aspects of such equipment. All equipment shall comply with all rules and regulations of the Safety Orders of the State of California Division of Industrial Safety and all local building, plumbing, and electrical codes and ordinances. Safety guards shall be easily removed to permit inspection, removal and repair of the moving parts. 1.14 FIELD TESTS, ADJUSTMENTS AND OPERATION A. All mechanical and electrical equipment installed by the Contractor shall be operated and tested by the Contractor to the satisfaction of the Owner. Tests shall be made to determine whether the equipment has been properly assembled, aligned, adjusted, wired and connected. Any changes, adjustments or replacements of equipment which are due to errors or omissions on the part of the Contractor shall be done at his own expense. B. Equipment shall be tested at rated speeds for required performance, - instrumentation control and automatic operation. C. Any water used during these tests shall be at the expense of the Contractor. D. During the testing of equipment, the Contractor shall arrange for the presence, as necessary, of representatives of the manufacturers of all the various pieces of equipment furnished, to provide instruction for District personnel appointed by the Owner in the operation and care thereof. The cost of providing qualified instruction personnel shall be borne by the Contractor. 1.15 LUBRICANTS A. All equipment shall be properly lubricated and furnished with a one (1) year supply of all necessary lubricants. 1.16 SERVICES OF MANUFACTURER'S REPRESENTATIVE A. The Contractor shall provide the services of a trained, qualified manufacturer's representative familiar with all the equipment to supervise the installation of the equipment furnished and its start-up. The cost for this service shall be included in the price bid. .I B. All equipment shall be checked for lubrication, alignment, rotation, vibration, and the representative shall notify the Contractor and the Owner of anything in the installation which might render the manufacturer's guarantee null and void. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 048 - Special Construction Conditions and Procedures - General - 4 of 5 C. The Equipment Manufacturer's representative shall also provide instruction to the operating personnel as to the proper method of operation and recommend lubrication (products and schedule). - D. Minimum on-site services of manufacturer's representatives shall be as specified elsewhere herein (reference specific specification sections for the various equipment), or if not specified, shall be as necessary for proper installation by the Contractor and proper instruction of the Owner in the use and maintenance of the Work. 1.17 RESPONSIBILITY FOR JOB SITE CONDITIONS A. Contractor agrees that he shall assume sole and complete responsibility for job site conditions during the course of construction of this project, including safety of all persons and property; that this requirement shall apply continuously and not be limited to normal working hours; and that the Contractor shall defend, indemnify and hold the Owner and the design consultant harmless from any and all liability except for that arising from the sole negligence of the Owner. It is the Contractor's sole responsibility to protect the safety of employees from construction-related conditions or activities. 1.1 8 CLIMATE AND SITE CONDITIONS Equipment manufacturers shall make all necessary changes in the to assure that it is suited for the climatic conditions at the site. The site conditions are as follows: Elevation: k285 - 325 feet Minimum Ambient Design Temperature: 31 O F Maximum Ambient Design Temperature: 110" F Climate: Outdoor installation PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 048 - Special Construction Conditions and Procedures - General - 5 of 5 SECTION 01 200 PROJECT MEETINGS PART 1 - GENERAL 1.1 Scope A. This section addresses requirements for pre-construction meeting, progress meetings, specially called meetings and post-construction meeting. 1.2 Administrative Responsibilities A. Meeting Preparation The Owner's Construction ManagedProject Manager shall prepare agenda, notify participants, and make physical arrangements for all meetings. B. Meeting Minutes The Owner's Construction ManagedProject Manager shall record minutes, including significant proceedings and decisions for each meeting. Owner's Construction ManagedProject Manager shall reproduce and distribute copies of minutes within 5 days after each meeting. Owner's Construction ManagedProject Manager shall provide copies to the Engineer, all other participants in the meeting, and all other parties affected by decisions made at the meeting. c 1.3 Pre-construction Meeting A. General Before issuance of notice to proceed, a pre-construction meeting will be held at a time and location designated by the District's Project Manager. B. Attendance The meeting shall be attended by the City's Project Manager, the Inspector, the City's Construction Manager (if any), the Resident Engineer, District's consultants, the Contractor and his superintendent, all major subcontractors and other persons designated by the Owner. Contractor's attendance should be in accordance with Section 6-1.1 of the Supplemental Provisions. C. Agenda The agenda for the meeting shall include the following items as a minimum. cc 1. Distribution and discussion of the construction schedule including critical construction sequencing. 2. Designation of persons authorized to represent and sign documents for the Owner and Contractor, with examples of official signature of each. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01200 - Project Meetings - 1 of 3 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Procedures and forms for processing submittals, field decisions, proposal requests, change orders, applications for payment, and revised construction schedules. Procedures for maintaining record documents. Contractor's use of premises including location of office, construction and storage areas. Temporary barricades, utilities, sanitary facilities, signs and other temporary facilities required. Safety and first aid procedures including designation of Contractor's safety officer. Security procedures. Housekeeping procedures. Communication procedures between parties. List of names, addresses and telephone numbers of those persons _-_ authorized to act for the Contractor in emergencies. -_ Construction permit requirements, procedures and posting. Testing laboratory or agency and testing procedures. Establishment of a schedule for progress meetings. Other administrative items as appropriate. 1.4 Prowess Meetings A. B. General Progress meetings shall be held at the dates and times scheduled at the pre- construction meeting unless changes are agreed to by all parties and appropriate notification of such changes has been given. Attendance The meetings shall be attended by the Engineer and the Contractor's representative as states in Section 6-2.3 Project meetings of the Supplemental Provisions. When requested by the Engineer or the Contractor; subcontractors, and the District's consultants shall also attend. -4. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 200 - Project Meetings - 2 of 3 C. Agenda .- The agenda for these meetings shall include the following items: 1. Review progress of construction since the previous meeting. 2. Discuss field observations, problems and conflicts. 3. Identify problems which impede planned progress and develop corrective measures as required to regain the projected schedule. Revise the construction schedule if necessary. 4. Plan progress during the next construction period. 5. Coordinate the progress of subcontractors. 6. Review changes proposed by the Owner for their effect on the construction schedule and completion time. 1.5 Special Meetinns Upon appropriate notice to other parties, special meetings may be called by the District’s Project Manager or Contractor, at times agreed to by all parties involved. ?-- 1.6 Post-construction Conference A post-construction conference shall be held before final inspection of the Work to discuss and resolve all unsettled matters. Bonds and insurance to remain in force, and other documents required to be submitted by the Contractor will be reviewed and all deficiencies determined. Schedules and procedures for the final inspection process and for the correction of defects and deficiencies shall be discussed and agreed. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION .- City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01200 - Project Meetings - 3 of 3 SECTION 01 300 SHOP DRAWING SUBMllTALS PART 1 - GENERAL 1.1 Work Included General procedures and requirements for submittals, initial submittal, submittals required on Owner’s request, progress reports, shop drawings, product data and samples, notification of affected residences and businesses, and submittal forms. 1.2 Related Work A. Section 01400: Quality Control B. Section 01 700: Contract Closeout 1.3 Submittals A. B. C. D. E. F. Submit six copies of submittals unless otherwise stated. Three copies will be returned to the Contractor. Number submittals using numbering system as directed by the Engineer. Shop Drawing Transmittal Form. The form included at the end of this section shall be used unless otherwise directed by Owner. Submit a separate form for each submittal number. Submittals without completed Contractor’s Transmittal Form attached to each copy of each submittal listed in Schedule of Submittals will be returned without review and stamped “REJECTED-RESUBMIT AS SPECIFIED”. Exceptions and departures from Contract Documents shall be clearly noted, along with justification for each exception or departure. Otherwise, review or approval of submittals- shall not constitute approval of exceptions or departures. Stock or standard drawings will not be accepted for review unless full identification and supplementary information is shown thereon in ink or typewritten form. Review of submittals shall proceed as follows: 1. Submit specified quantity of complete submittals together with Contractor’s submittal forms to the Engineer for review. Fold submittals to approximately 9-inches by 12-inches. 2. Submittals will be stamped “ACCEPTED”, “ACCEPTED AS NOTED, “REVISE AS NOTED/RESUBMIT”, “REJECTED/RESUBMIT AS SPECIFIED”, NO ACTION REQUIRED” and/or SUBMITTAL NOT City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01300 - Shop Drawing Submittals - 1 of 8 REQUESTED/RETURNED WITHOUT REVIEW”. Three copies with letter of transmittal will be returned to Contractor. - 3. Submittals stamped “ACCEPTED” require no further action and fabrication or construction may proceed. The Engineer will return to the Contractor the stamped transparency of Shop Drawings and two stamped copies of brochures, schedules, materials lists, and other product data, except where required otherwise. 4. Submittal stamped “ACCEPTED AS NOTED” require no further action and fabrication or construction may proceed contingent upon all corrections being made as noted. Quantities returned will be as specified for “Accepted.” 5. Submittals stamped “REVISE AS NOTED/RESUBMIT” or “REJECTED /RESUBMIT AS SPECIFIED” require the Contractor to resubmit them with reasonable promptness and no fabrication or construction may begin. The Engineer will return to the Contractor; one stamped transparency and one marked copy of shop drawings and one marked copy and three unmarked copies, all stamped, of brochures, schedules, materials lists, and other product data. 6. Submittals stamped “NO ACTION REQUIRED” indicate the submittal was for informational purposes only and does not require review. The Engineer will return to the Contractor the submitted materials as outlined under “Accepted.” .- 7. Submittals stamped ‘SUBMITTAL NOT REQUESTED/RETURNED WITHOUT REVIEW” indicate the Contractor has submitted drawings, etc. that were not required and therefore, were not reviewed or accepted by the Engineer. G. Costs incurred by Owner for second and subsequent re-submittals will be deducted from payment due Contractor. H. Allow not less than 30 calendar days for review and response to submittals. Review may be delayed if contingent on receipt of other submittals. Upon timely written request by Contractor, the Engineer will make reasonable efforts to shorten review periods which may fall on Contractor’s critical path. I. Do not begin work described in submittals until such submittals have been reviewed and returned by Owner stamped “ACCEPTED” or “ACCEPTED AS NOTED“. Acceptance of delivery of products prior to receipt of the Engineer’s satisfactory return of applicable submittals shall be at Contractor’s risk. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01300 - Shop Drawing Submittals - 2 of 8 1.4 Submittals on Owner's Request Supplemental Information F A. B. C. D. E. F. G. Detailed construction schedule updates shall be submitted, with monthly pay requests to describe scheduling of elements of construction requiring Owner's or Contractor's coordination with public, or other private parties or public agencies. Supplemental information will be requested for "approved equals" and may be requested when there is a question that a manufacturer's product conforms to Contract Documents. Owner reserves right to require submittal of supplemental information as described herein before approval of product. Certification of compliance with listed reference standards shall be submitted by manufacturers on owner's request. Failure of Owner to request certification of compliance shall not serve as waiver of Contractor's duty to comply with reference standards. Transcripts of results of acceptance tests performed at point of manufacture of products furnished shall be submitted by manufacturers on Owner's request. Samples shall be submitted on Owner's request. Names and addresses of nearest local service representatives that maintain technical service personnel and complete inventory of spare parts and accessories shall be submitted on owner's request. List of three installations in which products comparable in size, capacity and rating with those required in Contract Documents are now in regular operation shall be submitted on Owner's request. Include listing of size capacity or rating of each installation. Include name and telephone number of at least one reference responsible for operations at each installation whom the Engineer may contact. 1.5 Progress Reports A. B. C. Daily log shall be submitted by Contractor's superintendent on a one page form provided by Owner. These logs shall be detailed with activities that took place during each day. Submit logs daily to the Resident Engineer. Schedule updates shall be submitted with monthly pay requests. If Work falls behind schedule, monthly pay requests shall include revised schedules to demonstrate how Contractor intends to bring work back on schedule. Record drawings, consisting of one set of annotated blueline plans and other drawings forming a part of the contract, showing installed locations of improvements and all changes made during construction shall be available to the Owner for inspection throughout project. Record all deviations from Contract Documents, including approved change orders, using additional sketches or ink revisions, immediately after installing each portion of Work. Show locations of underground piping, conduit, sensor lines, valves, capped ends, branch fittings, pull boxes and Work. Keep one current record copy of Contract Documents, City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 300 - Shop Drawing Submittals - 3 of 8 addenda, supplementary drawings, working drawings, change orders and clarifications at site and in good order. Report changes and deviations promptly to Resident Engineer. - D. Partial payment requests may be withheld if daily logs, schedule updates or record drawings are damaged, lost or not kept current to satisfaction of the Engineer. 1.6 Shop Drawinas and Product Data A. B. C. D. E. Shop drawings shall clearly show dimensions, clearances, slopes, floor space requirements, tolerances, conduit, anchor bolt sizes and embedments, finishes, performance characteristics, and weight and type of products. Shop drawings shall indicate the location at which products are to be installed, how equipment will be mounted, how it relates to adjacent structures or products, and how connection will be made between Work under this contract and work under other contracts. Shop drawings shall show parts lists and details of appurtenances to be furnished with specified items, along with references to appropriate ASTM, Federal Specifications and other reference standards and grades. Use of contract drawing reproductions for shop drawings is subject to rejection. Catalog data shall clearly indicate applicable items when several products are covered on one page. Using black ink, indicate on submitted catalog data, Installation or Application Instructions shall be manufacturer's printed instructions including warranty requirements, clearances required and proper field procedures to deliver, handle, install and prepare product for use. In the absence of manufacturer's published literature, ASTM, AWWA or trade standards for proper installation will be accepted. specification section or plan reference being satisfied. -. Operation and Maintenance Instructions shall be manufacturer's printed instructions for correct operation and maintenance procedures for product, along with data which must accompany manual as directed by current regulations of government agency. Include operating instructions for each piece of equipment. Describe equipment function, operating characteristics, limiting conditions, operating instructions, startup procedures, normal and emergency conditions, regulation and control, and shutdown. Include preventative maintenance instructions. List warranty requirements. Explain and illustrate preventative maintenance tasks. Include lubrication charts, lists of acceptable lubricants, trouble shooting instructions, and lists of required maintenance tools and equipment. List recommended spare parts, their costs, and ordering information for 1 manufacturer who can supply these parts. Index instructions for easy reference. Include information for installed equipment only. Manufacturer's Statement of Responsibility shall be copy of form attached, signed by authorized factory representative for manufacturer whose product is being furnished. - City of Carlsbad 03/04 (DB E) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 300 - Shop Drawing Submittals - 4 of 8 F. Certification of Compliance shall certify materials have been sampled, tested and found to comply with applicable reference standards. G. Engineering Calculations shall be clearly legible, and shall demonstrate compliance with state and local codes, applicable standards, and contract requirements. Calculations shall be sealed by a licensed engineer. e- 1.7 Samples A. B. C. D. ,c- E. F. G. Furnish samples, finished as specified, and as intended to be used on or in Work. Send samples to the Engineer, carriage prepaid. Submit samples before purchasing, fabricating, applying, or installing products. Allow at least 30 days for review and return of samples. Submit two of each sample, except for field samples. Attach completed Contractor's submittal form to sample. List items being transmitted, stating proposed use and location, product, color, trade name, lot, style, and model as appropriate. Resubmit samples until acceptable. One of each sample will be returned to Contractor upon acceptance. Samples of finishes shall be 8%'' x 10". and shall be of minimum thickness consistent with sample presentation. In lieu thereof, submit actual full-size item. Samples of value may be returned to Contractor for use in Work after review, analysis, comparison, and/or testing as may be required by the Engineer. Furnish one sample of approved products, colors, or textures to the Engineer for final record. Show identification previously described including, if finish sample, manufacturer, mix proportion, name of color, building, Contractor, subcontractor, and surfaces to which applied on back of sample. 1.8 Pre-construction Video A. Pre-construction video shall be submitted to the Engineer before Work is performed which has potential to disturb or modify public or private property not owned by Owner. Video shall be of sufficient quality and thoroughness to fully document preexisting damage or wear to property for which Contractor or Owner might be asked to compensate property owner were it not for photographic evidence of preexisting damage. Failure by Contractor to submit pre-construction video, may be taken by owner as evidence that subsequent claims by property owners for damage to their property can be rightfully attributed to Contractor's act ions. City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01300 - Shop Drawing Submittals - 5 of 8 1.9 Notification of Affected Residences and Businesses A A. Written notification, with Contractor's 24-hour emergency phone number, shall be provided to residences and businesses fronting the project on either side of street. Notify these parties 72 hours in advance of construction which will affect these properties. Door-hangers or other means of notification shall be submitted to and approved in advance by the Engineer. 1.10 Notification to the Water Utilities Department The Contractor shall submit a detailed plan and written description of any water line tie-in. The plan will include, but is not limited to, all necessary pumps, standby pump@), piping, appurtenances, and 24-hour staffing schedule. When the submittal has been approved, and all necessary testing has been successfully completed, the Contractor will submit a Request for Shutdown seven (7) working days in advance of the anticipated shutdown date. 1.1 1 Unit Prices A. Payment for submittals and re-submittals, will be included in the price bid for those items of Work for which the submittals are required. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 300 - Shop Drawing Submittals - 6 of 8 SHOP DRAWING TRANSMllTAL FORM ..-- FROM: DATE: PROJECT NAME: El Camino ReaVCassia Road 24" And 30 Domestic Water Transmission Mains Phone: FAX: TO: Daniel Bovle Enqineerincl, Inc. PROJECT NO.: 3142 Vista Wav, Suite 303 Oceanside, CA 92056 OWNER: City of Carlsbad ATTN: Mr. Daniel G. Smith 5950 El Camino Real Proiect Manaqer Carlsbad, CA 92008 THIS IS AN ORIGINAL THIS IS A REVISION SUBMITTAL NO.: SUBMITTAL OF SUBMITTAL NO.: SUBJECT OF SUBMITTAL: SPECIFICATION SECTION(S): PLAN SHEET NUMBER(S): .c CONTRACTOR'S CERTIFICATION: Check & Complete either (A) or (B) below: We have reviewed in detail and certify that the material, equipment or construction procedure(s) contained in this submittal meet all the requirements specified in or shown on the Contract Documents, Construction Specifications and Construction Plans with no exceptions. (4 We have reviewed in detail and certify that the material, equipment or construction procedure(s) contained in this submittal meet all the requirements specified in or shown on the Contract Documents, Construction Specifications and Construction Plans except for the followinq deviations: (B) - CONTRACTOR'S AUTHORIZED SIGNATURE: City of Carlsbad 03/04 (DBE) ECR (PAR to Cassia) Domestic & Recycled Water Transmission Mains 01 300 - Shop Drawing Submittals - 7 of 8