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Instituform Southwest; 1994-01-24; 3426
-- ISSUE DATE I 11.155 ' ACORIB~ CE RTI FI OF INSURANCE . .T P i PRODUCER ~ Marsh !E #cLennan, Incorporated ~ Maskvil-le, TX 37214 LEnER A BETHA CASUl.LTY h SURETY ZO ~ i INSURED LErrER B FARti4IMGTUM CASUALTY COHPAff I IMSITUPORM TECHNOLOGIES p THC % 19345 AEdN STREET 1 SAWTA EYE SPREMCSp CA 9'2570 I LE-ER E THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION or L~T AMEND, EXTEND OR AL:i THE COVERAGE .,t CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CI 1 POLICIES BELOW. I P 0 Box 2545 COMPANIES AFFORDING COVERAGE I COMPANY I COMPANY I COMPANY LETFER C COMPANY LETTER D COMPANY I NS I T UF0RH S Cl UT HWES T I -- COVERAGES I THIS ISTOCERTIFYTHATTHE POLICIESOF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMEDABOVE FORTHE POLICY PER10 NOWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER- BE ISSUEDOR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN ISSUBJECTTOALLTHE TERMS, EXCLUSIONSANE OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER IDATE (MMIDDNY) DATE(MM/DDNY) co LTR ~____ - A GENERAL LIABILITY if 2 5 - co- 6 if B 7 0 3 6 - c zp8 3 /a 1 /9 5 3 ,/0 1 ,/ 9 6 GENERAL AGGREGATE $ COMNIERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $ CLAIMS MADE I OCCUR PERSONAL & ADV INJURY $ OWNERS & CONTRACTORS PROT. EACHOCCURRENCE $ x AGCEEGATE PER FIRE DAMAGE (Any one fire) $ K FEL(IJRCT: JCTl MED EXPENSE (Anv one person) _$_ A AUTOMOBILE LIABILITY 02 5 - FJ- 1if 4 B 1.1.4- CCA 3/"0 1,"9 5 3/"0 x/' 9 5 COMBlNEDSlNGLE $ LIMIT BODILY INJURY x ANYAUTO $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ BODILY INJURY 2~ HIRED AUTOS 1 f: NON-OWNEDAUTOS (Per accident) I GARAl3E LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACHOCCURRENCE $ I j -- I I UMBRELLA FORM ! B OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND ~- 25 c 713684 CUF 12/'G1/95 3:'01,,'4& 2; STATUTORYLIMITS EACH ACCIDENT ENIPLOYERS' LIABILITY DISEASE-POLICY LIMIT $ - DISEASE-EACH EMPLOYEE $ -- OTHER _____I DESCRIPTION OF: OPERATIONSILOCATIONS/VEHICLES/SPEClAL ITEMS f SEE REVEESE AND~~~OF. ATTACHED f I ATTPI: CITY CLERK EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E 1 CITY OF CARLSBAD MAIL x DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER P 1 Bif Ut1 I C I PAL WATER D I5 TR I CT LEFT, ~~,~~~~~~~~~~~~~~~~~;~~~~~~~~ 1200 CARLSBAD VILLAGE DR :Axmmx&& BWW xw:fwk%BFfig EEL2&md%Wd xw ' CAIZLSBAD, CIA 92008-1989 AUTHORIZED PAGE: 1 OF 2 4 ZI 0 a DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE #11435 (CONTINUED) INSURED : INSITUFORM TECHNOLOGIESl INC. HOLDER : ATTN: CITY CLERK CITY OF CARLSBAD MUNICIPAL WATER DISTRICT 1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-1989 GENERAL LIABILITY POLICY COWTAINS BLPJXET FJAIVER OF SUBRGATION AI BLANKET ADDITIONAL INSUREDS COVERAGES AS REQUIRED BY AGREEMENT, CONTRACT OR PERMIT AUTOMOBILE AND WORKERS COMPENSATION POLICIES CONTAINS BLANKET WA OF SUBROGATION COVERAGES AS REQUIRED BY AGREEMENT, CONTRACT OR P THE CITY OF CARLSBAD IS NAMED AS ADDITIONAL INSURED ON AUTOMOBIL COVERAGES CONTRACT #3426 - ROOSEVELT STREET SEWER MAIN REPAIRS FROM OAK TO GRAND AVENUES CARLSBAD, CA PAGE: 2 OF 2 ISSUE DATE I ICBE OF INSURANCE *‘ ”‘’ 3 ~ERTIFICATE IS ISSUED AS A MATTER OF INFORMATION OF I CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Ct 1 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORD P 3 ?;;x 254.5 f POLICIES BELOW. !;&.53’$L$h:,p T& 372 i*=I’ COMPANIES AFFORDING COVERAGE COMPANY LETTER B $=.~R~~”&~Q9 cAs&,%gTy C4>r$DA)I I PI 5 z 3 LJ F 0 RF: T E c Y4.45 $.iy?d 5T84ZT COMPANY S&,yT& lzE ~~~”‘’’---’ LETTER D J.. rnbh y c 2‘ S’O&-?, COMPANY LETTER E THISISTOCERTIFY THATTHE POLICIESOFINSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMEDABOVE FORTHE POLICY PER10 NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERl BE ISSUEDORMAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECTTO ALLTHE TERMS, EXCLUSIONSAND OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS POLICY EFFECTIVE POLICY EXPIRATION GENERAL AGGREGATE $ IAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ PERSONAL & ADV INJURY $ OWNERS & CONTRACTORS PROT EACH OCCURRENCE $ $ ;7 2 5 - c $2-6 2 F 7 “3 3 5- ,c c: :! FIRE DAMAGE (Any one fire) P ?3-F,$-107 ~~~~-~~& 3/02/95 312 l/g$- c MED EXPENSE (Any one person] COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) $ v- $ ALL OWNED AUTOS $ jc NON-OWNED AUTOS GARAGE LIABILITY PROPERTYDAMAGE $ EACH OCCURRENCE $ WORKER’S COMPENSATION DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ - I ! 1 DESCRIPTION OF OPERATlONS/LOCATlONSNEHICLES/SPECIAL ITEMS f s=; -i- ‘3~7,jJzR~ 5 1 qf./sz PTTACfiE’:” j XYH‘32 CITY CLE2K * a DESCRIPTION OF OPERATIONS/LoCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE #9623 (CONTINUED) INSURED : INSITUFORM TECHNOLOGIES, INC. HOLDER : ATTN: CITY CLERK CITY OF CARLSBAD MUNICIPAL WATER DISTRICT 1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-1989 WORKERS COMPENSATION: CALIFORNIA EMPLOYERS LIABILITY: $1,000,000 EACH ACCIDENT $1,000,000 DISEASE POLICY LIMI $1,000,000 DISEASE EACH EMPLOE DEDUCTIBLE: $250,000 GENERAL LIABILITY POLICY CONTAINS BLANKET WAIVER OF SUBRGATION 2 BLANKET ADDITIONAL INSUREDS COVERAGES AS REQUIRED BY AGREEMENT, CONTRACT OR PERMIT AUTOMOBILE AND WORKERS COMPENSATION POLICIES CONTAINS BLANKET WE OF SUBROGATION COVERAGES AS REQUIRED BY AGREEMENT, CONTRACT OR I THE CITY OF CARLSBAD IS NAMED AS ADDITIONAL INSURED ON AUTOMOBII COVERAGES CONTRACT #3426 - ROOSEVELT STREET SEWER MAIN REPAIRS FROM OAK TO GRAND AVENUES CARLSBAD, CA PAGE: 2 OF 2 I ISSUE DATE "F 1 -: I 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ob CONFIXS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CI I DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORD i POLICIES BELOW. -9 -____I- d -+ 1 ~4:ebitim~ CERTIFICA E OF INSURANCE P COMPANIES AFFORDING COVERAGE COMPANY LE-ER A COMPANY LETTER B COMPANY LETTER c COMPANY LETTER D COMPANY LETTER E I - ~--* COVERAGES THIS ISTOCERTIFYTHATTHEPOLICIESOF INSURANCELISTEDBELOWHAVEBEEN ISSUEDTOTHEINSUREDNAMEDABOVEFORTHE POLICY PERK NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER- BE ISSUEDOR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHE TERMS, EXCLUSIONSANC OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS POLICY EFFECTIVE POLICY EXPIRATION TYPEOFINSURANCE POLICY NUMBER IDATE (MMDDNY) DATE(MMIDDNY) co 1 LTR -. s/~~/?,'? 3$: a/;? 5 GENERALAGGREGATE $ I_ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ PERSONAL & ADV INJURY $ 2- CLAIMS MADE 2,: OCCUR OWNERS & CONTRACTORS PROT EACHOCCURRENCE $ FIRE DAMAGE (Any one fire) MED EXPENSE (Any one person) % COMBINED SINGLE LIMIT $ - -",--.. -- $ 5. AUTOMOBILE LIABILITY *:Ls-?:>>LJ -2 I x ANYAUTO I ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS I- $ ,i d$ HIREDAUTOS BODILY INJURY /j 4 NON-OWNEDAUTOS I (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EACH OCCURRENCE $ 1, ti - WORKERS COMPENSATION AND EACH ACCIDENT EMPLOYERS LIABILITY DISEASE-POLICY LIMIT $ I ' OTHER 1/ DISEASE-EACH EMPLOYEE $ --- jl f- i' // I i // DESCRIPTION OF OPERAT1ONSILOCATIONS/VEHICLES/SPECIAL ITEMS EXPIRATION DATE THER DAYS WRITTEN L 1 yy Z''? ?;a .* :J ';I i3 : '2 ,+ i 1; I m a .. .--A DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE #8931 (CONTINUED) INSURED : INSITUFORM TECHNOLOGIES, INC. HOLDER : ATTN: CITY CLERK CITY OF CARLSBAD MUNICIPAL WATER DISTRICT 1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-1989 GENERAL LIABILITY POLICY CONTAINS BLANKET WAIVER OF SUBRGATION A BLANKET ADDITIONAL INSUREDS COVERAGES AS REQUIRED BY AGREEMENT, CONTRACT OR PERMIT AUTOMOBILE AND WORKERS COMPENSATION POLICIES CONTAINS BLANKET WA OF SUBROGATION COVERAGES AS REQUIRED BY AGREEMENT, CONTRACT OR P THE CITY OF CARLSBAD IS NAMED AS ADDITIONAL INSURED ON AUTOMOBILi COVERAGES CONTRACT #3426 - ROOSEVELT STREET SEWER MAIN REPAIRS FROM OAK TO GRAND AVENUES CARLSBAD, CA PAGE: 2 OF 2 June 20, 1994 Insituform Southwest 9445 Ann Street Santa Fe Springs, CA 90670 Re: Bond Release - Roosevelt Street Sewer Main Repairs - Contract No. 3426/CMWD p1 No. 93-401 The Notice of Completion for the above-referenced project has recorded. Therefore, we hereby reducing the Faithful Performance Bond to 75% of the original amount. Ple, consider this letter as your notification that Reliance Insurance’ Company Faith Performance Bond No. B2364135 is hereby reduced from $69,815.75 to $17,453.94. A copy of the recorded Notice of Completion is enclosed for your records. Enc. c: Eta, Eng. 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2E , . .. a e e 2113 * Recording requested by: ) 1 CITY OF CARLSBAD ) 1 ) City Clerk ) City of Carlsbad ) Carlsbad, CA 92008 ) When recorded mail to: ) 4200 Carlsbad Village Dr. ) Space above for Recorder’s Use NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. The undersigned is owner of the interest or estate slated beiow in the property hereinaft described. The full name of the undersigned is Carlsbad Municipal Water District, a municip corporation. The full address of the undersigned is 5950 El Camino Real, Carlsbad, California 9200, The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was completed on Marc 11, 1994. The name of the contractor, if any, for such construction is lnsituform Southwest. The property on which said work of improvement was completed is in the City ( Carlsbad, County of San Diego, State of California, and is described as follows: CMW No. 93-401 Contract No. 3426, Roosevelt Street Sewer Main Repairs. The street address of said property is Woosevelt Street between Oak Avenue and Grar Avenue. 8. CIW/PF CARLSBAD i L/T? W d&FTpg-A ’ BOB COATES, P.E. District Engineer VERIFICATION OF SECRETARY 1, the undersigned, say: I am the Secretary of the Carlsbad Municipal Water District, 5950 El Camino Re: accepted the above described work as completed and ordered that a Notice of Completion t filed. Carlsbad, California, 92008; the Board of Directors of said District on May 3 , 192 I declare under penalty of perjury that the foregoing is true and correct. Executed on May 4 , 19 94 at Carlsbad, California. GARLSBAD MUNICIPAL WATER DlSTRlCl Secretary EXHIBIT 3 B @ ..-I ~-~---~- _il_ _PI J-1"- - -- _--- -..-------, I--^I---III-II-L---- ---- I -- --- - iL-1 ;" i - *,' XL- -.~- - _? =- I_ ~- L_ _-~3_ ISSUE DATE - AGt05%Ba CERTIFICAR OF INSURANCE -Ij _i--_-__-rm_-_* j__--Zc_ ~~- L-LI--^---I-Ix- PRODUCER I THIS CERTIFICATE IS ISSUED F INFORMATION Ob ' CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Ct I DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORD 7 .I - - ,- - - ,~ - - - : ii 25 I, ~ ._ -A - - - -- 1 L c c 5 '- _- r'- 3 T E i;_ I- ;.I 1 L 2 ;- .- - - J I ;; 3;; - E . ___-I_-"_^___ ; POLICIES BELOW. _-- m_____- C~~~---~.-I__I___ ;iT3 -- COMPANIES AFFORDING COVERAGE I I- COMPANY LETTER A COMPANY LETTER B COMPANY LETTER c >L =. 5 c 3 I I - - - - - - - >>Ld'=:L- . z >7-- - i? 1~4iJ 2- COMPANY LETTER D i- ,- I COMPANY LETTER E 1 l-..----~___l~___ll_ -. --~~-~ c_Ip THlSISTOCERTlFYTHATTHEPOLlClESOFlNSURANCE LISTEDBELOW HAVE BEEN ISSUEDTOTHE INSUREDNAMEDABOVE FORTHE POLICY PER10 NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERl BE ISSUEDOR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHE TERMS, EXCLUSIONSAND OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS COVERAGES LIMITS POLICY EFFECTIVE POLICY EXPIRATION LTR TYPEOFINSURANCE POLICY NUMBER DATE(MM/DDNY) DATE(MM/DDNY) ~~--~~-- -- - ___P________III_______s______~ ~~ 5 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $ CLAIMSMADE I: OCCUR PERSONAL & ADV INJURY 5 OWNERS & CONTRACTOR'S PROT EACHOCCURRENCE $ 5 <,'*f.i -- -- - : 'I GENERAL AGGREGATE -. _. ___- - 1-3 1. &_I_ _-e 1 GENERAL LIABILITY - -'iii- __ FIRE DAMAGE (Any one fire) MED EXPENSE (Any one person) ". COMBINED SINGLE LIMIT BODILY INJURY - - __ ____- -I* -- 5 - _& - 1, - .- - - ----- __ AUTOMOBILE LIABILITY Is ANYAUTO $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) __ 5 BODILY INJURY -- HIRED AUTOS ' _I" i NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE 5 -___- _.I__.___ l_l____l___ UMBRELLA FORM OTHER THAN UMBRELLA FORM ----_ ---- WORKERS COMPENSATION ACH ACCIDENT EMPLOYERS LIABILITY ISEASE-POLICY LIMIT DISEASE-EACH EMPLOYEE 5 _i___--__l__l_l -____ -----.111_--1_--- II_ -----.--- ___-II DESCRIPTION OF OPERATlONS/LOCATlONS/VEHICLESISPECIAL ITEMS - __ v ,b U (31 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE # 72 05 ( CONTINUED) INSURED : INSITUFORM TECHNOLOGIES, INC. HOLDER : ATTN: CITY CLERK CITY OF CARLSBAD MUNICIPAL WATER DISTRICT 1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-1989 GENERAL LIABILITY POLICY CONTAINS BLANKET WAIVER OF SUBRGATION A BLANKET ADDITIONAL INSUREDS COVERAGES AS REQUIRED BY AGREEMENT, CONTRACT OR PERMIT AUTOMOBILE AND WORKERS COMPENSATION POLICIES CONTAINS BLANKET WA OF SUBROGATION COVERAGES AS REQUIRED BY AGREEMENT, CONTRACT OR F THE CITY OF CARLSBAD IS NAMED AS ADDITIONAL INSURED ON AUTOMOBIL COVERAGES CONTRACT #3426 - ROOSEVELT STREET SEWER MAIN REPAIRS FROM OAK TO GRAND AVENUES CARLSBAD, CA PAGE: 2 OF 2 TABLE OF CONTENTS 1 € 1 1 1 11 I rn I. Item Par NOT1CEI"GBIDS ........................................... CONTRACTORS PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 AMOUNT OF SUBCONTRACTORS' BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 EQUIPMEN"/MATERIAL SOURCE INFORMATION . . . . . . . . . . . . . . . . . . . . 1 BIDSECURITYFORM ............................................ 1 BIDDERSBOND ................................................. 1 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . 1t BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . 1'; 1 NON-COLLUSION AFFIDAVIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONTRACT - PUBLIC WORKS LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FAITHFUL PERFORMANCE/wARRANTy BOND . . . . . . . . . . . . . . . . . . . . . . ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 RELEASEFORM ................................................. 36 SPECIAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 REVISIONS TO SPECIAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 TECHNICAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 TRAFFIC CONTROL PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INSERT 1t 2( 28 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I I I 1 I i I w13m Rev. t .. E f 1 I 1 I I 1 CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD, CALIFORNIA NOTICE I"G BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall 1200 Carlsb Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:00 P.M. on the 16 day of SeDtember 5 19 93 , at which time they will be opened and read, f. performing the work as follows: I? CON"RAC3"O. 3426 FOR ROOSEVELT'STREET SEWER MAIN REPAIRS BETWEEN OAK AND GRAND AVENUES IN TBE CITY OF CARLSBAD CMWD PROJECT NO. 93-401 The work shall be performed in strict conformity with the specifications as approved by th Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on fil with the District Engineering Department. The specifications for the work include the later revised edition of the ----- and Standard SDecifications of Public WorE p Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designate "SSPWC', as issued by the Southern California Chapter of the American Public Worl Association and as amended by the special provisions sections of this contract. Referenc 1 is hereby made to the specifications for full particulars and description of the work. The Carlsbad Municipal Water District encourages the participation of minority an t women-owned businesses. ' The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturer: fabricators and contractors to utilize recyclable materials when available and wher appropriate. No bid will be received unless it is made on a proposal form furnished by the Purchasin Department. Each bid must be accompanied by security in a form and amount required b law. The bidder's security of the second and third next lowest responsive bidders may b withheld until the Contract has been fully executed. The security submitted by all othe unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days afte the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sectioi 22300), appropriate securities may be substituted for any obligation required by this notiu or for monies withheld by the District to ensure performance under this Contract. Sectioi 22300 of the Public Contract Code requires monies or securities to be deposited with thc District or a state or federally chartered bank in California as the escrow agent. I I I t € P a Notice Inviting Bid 8/13/93 Res I I I I I 1 I I I 1 0 The documents which must be completed, properly executed and notarized are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Contract All bids will be compared on the basis of the Engineer's Estimate. The estimated quantitil are approximate and serve solely as a basis for the comparison of bids. The Engineei Estimate is $70,000 In keeping with the Special Provisions, work shall be accomplished within eleven (11) calendar days. Liquidated Damages will be in the amount of $ 250 per day- No bid shall be accepted from a contractor who is not licensed in accordance with th provisions of California state law. The contractor shall state their license numbe expiration date and classification in the proposal, under penalty of perjury. The followir classifications are acceptable for this contract: Class A in accordance with the provisions of state law. I€ the Contractor intends to utilize the escrow agreement included in the contra1 documents in lieu of the usual ten percent (10%) retention from each payment, the2 documents must be completed and submitted with the signed contract. The ewoi agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchasin Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbac California, for a non-refundable fee of N/C per set. Carlsbad Municipal Water Distric; Standard Plans and Specifications are available for a non-refundable fee of NIA per se The Carlsbad Municipal Water District reserves the right to reject any or all bids and t waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute th contract shall be those as determined by the Director of Industrial Relations pursuant t the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of th Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbac City Clerk. The Contractor to whom the Contract is awarded shall not pay less than thc said specified prevailing rates of wages to all workers employed by him or her in thc execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions o Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practiced Act." B I ' E I I I I Notice Inviting Bid W13E93 Ra I. I I I I I I 1 1 r 1 1 E I I i The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shz apply to the Contract for work. A pre-bid meeting and tour of the project site will - will not XX be held. The meetir will be held on date: time: location: 0 All bids are to be computed on the basis of the given estimated quantities of work, i indicated in this proposal, times the unit price as submitted by the bidder. In case of discrepancy between words and figures, the words shall prevail. In case of an error in tl extension of a unit price, the corrected extension shall be calculated and the bids will 1 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 ar typed or written in with ink and must be initialed in ink by a person authorized to sign fc the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day pric to bidding. Submission of bids without acknowledgment of addenda may be cause c rejection of bid. Bonds to secure faithful performance/warranty of the work and payment of laborers an materials suppliers and to cover all guarantees against defective workmanship and material or both, for a period of one year after the date of final acceptance of the work by th District each in an amount equal to one hundred percent (100%) and fifty percent (50% respectively, of the Contract price will be required for work on this project. These bonc shall be kept in full force and effect during the course of this project, and shall extend in fu force and effect and be retained by the District until they are released as stated in th Special Provisions section of this contract. All bonds are to be placed with a sure1 insurance carrier admitted and authorized to transact the business of insurance in Califoh and whose assets exceed their liabilities in an amount equal to or in excess of the amoui of the bond. The bonds are to contain the following documents: 1) 1 B An original, or a certified copy, of the unrevoked appointment, power of attornel by laws, or other instrument entitling or authorizing the person who executed th 8 bnd to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insuranc commissioner. If the bid is accepted, the City may require a financial statement of the assets and liabilitie of the insurer at the end of the quarter calendar year prior to 30 days next preceding th date of the execution of the bond. The financial statement shall be made by an officer’ certificate as defined in Section 173 of the Corporations Code. In the case of a foreig insurer, the financial statement may be verified by the oath of the principal officer a manager residing within the United States. II 1) Notice Inviting Bit 8f13193 Re i I I I 1 It t li m I ]It I lr 1 I I I I Insurance is to be placed with insurers that have (1) a rating in the most recent Best’s K Rating Guide of at least A-:V, and (2) are authorized to transact the business of insuran in the State of California by the Insurance Commissioner. Auto policies offered to meet t specification of this contract must; (1) meet the conditions stated above for all insuran companies and (2) cover any vehicle used in the performance of the contract, used on-SI or of€-site, whether owned, non-owned or hired, and whether scheduled or non-schedule The auto insurance certificate must state the coverage is for “any auto” and cannot limited in any manner. Worker’s Compensation insurance required under this contract must be offered by company meeting the above standards with the exception that the Best’s rating conditic is waived. The District 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. AI additional cost of said insurance shall be included in the bid price. The prime contractor and all subcontractors are required to have and maintain a valid Ci of Carlsbad Business License for the duration of the contract. Approved by the Board of Directors of the Carlsbad Municipal Water District, Carlsba Califomia, by Resolution No. , adopted on the day of 19,. 0 Date Aletha L Rautenkranz, Secretary Notice Inviting Bic 8/13/93 Re t I I 1: I 1 I t I CARLSBAD MUNICIPAL WATER DISTRICT CO~CTNO. 3426 CONTRACTOR'S PROPOSAL I. a 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 th Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to fumis all labor, materials, equipment, transportation, and services required to do all the work t complete Contract No. 3426 in accordance with the Plans and Specifications of th Carlsbad Municipal Water District, and the Special Provisions and that he/she will take i full payment therefor the following unit prices for each item complete to wit: ROOSEVELT STREET SEWER MAIN REPAIRS FROM OAK TO GRAND AVENUES P CMWD PROJECT NO. 93-401 I No. Quantity Description Unit Price Total Item Approximate 1. LS. Traffic Control for E a Lump Sum Price of LS. $ 3,43d*OO I 1 I 1 I I / 2. 977 L.F. Video inspect and clean 10 inch sewer main in Roosevelt Street between Oak Avenue for a linear foot price of $ 9J-0 $ 3,&Q.S unit price of $ /uo.oo $ Z&b.dJQ c 3. 2 each Provide portable toilets for a Contractor's Prop If 8/13/93 Re I 1 1 1 R I m / I Item Approximate l@ No. Q uantitv - DescriDtion Unit Price Total 4. LS. Install temporary pump and by-pass system at Roosevelt and Pine for a lump sum price of LS. $ /,860* 60 / 5. 977 L.F. Install structural liner in 10 inch sewer main for a linear foot price of $ C8,OO $ T61&~6. m 6. 18 each Reconnect existing service laterals with internal cutter 1 for a unit price of $ 3O6tdQ $ 3,5’bd*0O / 7. LS. Provide a post construction video to the District for a lump sum price of LS. $ /,OOb,bC Total amount of bid in words: 3/+& /21 r4e dOd4 EyT A=t- /4-+cJAcatd F;f& &lfWY d * c(?eAr / I l ’ this proposal. I I 1 1 Total amount of bid in numbers: !$ Price(s) given above are firm for 90 days after date of bid opening. Prices quoted in tl Proposal shall include all taxes, including sales and use taxes. Addendum (a) No(s). NIA hasbeen received and is/are included ii 6 p, 81s Yo The Undersigned has checked carefully all of the above figures and understands that tk District will not be responsible for any error or omissions of part of the Undersigned I making up this bid. The Undersigned agrees that in case of default in executing the required Contract wii necessary bonds and insurance policies Within twenty (20) days from the date of award t Contract by the Board of Directors of the Carlsbad Municipal Water District, the proceec of the check or bond accompanying this bid shall become the property of the District. Contractor‘s Prop t 8/13/93 Re I o!A. s ’. &J/w / :g;b$ Q The undersigned Bidder declares, under penalty of perjury, that they are licensed to c business or act in the capacity of a contractor within the State of California and that thc are validly licensed unde li ense number &$?D bO# ,classification A which expires on . This statement is’ true and correct and has the leg 6 31‘ 5- effect of an affidavit. * 1 1 I I I I II, I 1 1 I 1 1 1 II A bid submitted to the District by a Contractor who is not licensed as a contractor pursua to the Business and Professions Code shall be considered nonresponsive and shall k rejected by the District. 5 7028.15(e). In all contracts where federal funds are involved, n bid submitted shall be invalidated by the failure of the bidder to be licensed in accordanc with California law. However, at the time the contract is awarded, the Contractor shall t properly licensed. Public Contract Code 8 20104. The Undersigned Bidder hereby represents as follows: 1. That no Board member, officer agent, or employee of the Carlsbad Municip; Water District is personally interested, directly or indirectly, in this Contrac or the compensation to be paid hereunder; that no representation, oral or i writing, of the Board of Directors, its officers, agents, or employees ha inducted him/her to enter into this Contract, excepting only those containe in this form of Contract and the papers made a part hereof by its terms; an That the bid is made without connection with any person, firm, or corporatio making a bid for the same work, and is in all respects fair and withot collusion of fraud. 1 2. Accompanying this proposal is &A99 (Cash, Certified Check, Bond or Cashier’s Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of Section 3700 of the Labor Code whicl requires every employer to be insured against liability for worker’s compensation or tc undertake self-insurance in accordance with the provisions of that code, and agrees tc comply with such provisions before commencing the performance of the work of thi Contract and continue to comply until the contract is complete. ... ... ... ... ... ... ... ... ... ... Contractor’s Pmposa 8/13/93 Rev t i I i I I I 1 1 1 1 R 1 1 I The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Artic 2, relative to the general prevailing rate of wages for each craft or type of worker neede to execute the Contract and agrees to comply with its provisions. '. F SOLE OWNER OR SOLE CONTRACTOR SIGN HERE (1) (2) (3) Place of Business Name under which business is conducted Signature (given and surname) of proprietor (Street and Number) City and State (4) Zip Code Telephone No. II) IF A PARTNERSHIP SIGN HERE b4N&,W godq dqj7M(*E-sF Name u6de;which business is conducted Signature (given and surname and character of partner) (Note: Signatur must be made by a general partner) (1) (2) 1 QL E O\U#v*Et2=3H 1 p M&%Zfi&p;/d k!% f&T (3) Place of Business (Street and Number) II City and State (4) Zip Code Telephone No. Contractor's Prop I. 8/13/93 Rev 1 1 II 1 I 1 II, 1 I 1 I 1 I -e 1 IF A CORPORATION, SIGN HERE (1) Name under which business is conducted k II (2) Signature (3) Title Impress Corporate Seal 2 (4) (5) Place of Business Incorporated under the laws of the State of (Street and Number) 1 City and State (6) Zip Code Telephone No. NOTARY ACKNOWLEDGMENT OF EXECUTION OF ALL SIGNATORIES MNST ATTACHED List below names of president, vice president, secretary and assistant secretary, corporation; if a partnership, list names of all general partners, and managing partner T &E B'wQgzGHi/ i&@&m&fip/J gj$&&gy - Contractor's Pro1 m3P3 1 I I 1 I 1 1 P 1 1 I i I I I I DESIGNATION OF SUBCONTRACTORS (TO ACCOMPANY PROPOSAL) The Contractor certifies he/she has used the sub-bids of the following listed Contractors making up hisher bid and that the subcontractors listed will be used for the work for whit they bid, subject to the approval of the District Engineer, and in accordance with applicab provisions of the Specifications and Section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." No changes may be made in the subcontractors except upon the prior approval of the District Engineer of the Carlsbi Municipal Water District. The following information is required for each sub-contractc Additional pages can be attached if required: Items of Complete Address Phone No. Work Full ComDanv Name With Zip Code With Area Code '. 1 G&GC Gq.frO/ /i?g, flhdp Lade /7/+) 737-4+ c 1 f-vlce ,n C #mheir , G Wufl t J az &/?cmsn X~ou.&ugA 233if &x&, J& (7/4 Yfd -$A G/ip Yam'r.9 &,,e I 4 U UJ 9=q/ Designation c SUbcoUtmctOI 8/13/93 Ro r. I AMOUNT OF SUBCONTRACTORS' BIDS '. (TO ACCOMPANY PROPOSAL) I The Bidder is to provide the following information on the sub-bids of all the listc subcontractors as part of the sealed bid submission. Additional pages can be attached, required. I I I I I I@ I I I I I 1 I Type of State Carlsbad Contracting Business Amount of Bid License No. * License & No. - ($ or %> Full Comuanv Name J-% /&$-Mal sau&jqtVc.9f 2q6Gd.8 - c /Uwn a 5- /% (? - f rhg, c Gfi+0-*/ dow Sqr~rce 947c I Co r-fl *Licenses are renewable annually. If no valid license, indicate "NONE." Valid license mus be obtained prior to submission of signed contracts. I Amount of Subcontractors' Bids 8/13/93 Rev. f I 1 1 1 I 1 Ir, 1 1 1 1 I I I EOUIPMENT/MATERIAL SOURCE INFORMATION '. (TO ACCOMPANY PROPOSAL) The Bidder shall indicate opposite each item of equipment or material listed below, t name of the one supplier and manufacturer of each item of equipment or material propos to be furnished under the bid. Awarding of a contract under this bid wiU not im] approval by tke District of the manufacturers listed by the Bidder. EauiDmen t/Ma t erial Manufacturer i 1. N/A (Manufacturer) 1 2. NIA (Manufacturer) i 3. N/A (Manufacturer) EquipmentMater Source Informati 8/13/93 Rc P 1 1 1 I 1 I I 1 P I I 1 1 I I 1 I 1 BID SECURITY FORM L. (Check to Accompany Bid) (Note: The following form shall be used if check accompanies bid:) Accompanying this proposal is a *Certified *Cashiers check payable to the order c CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of dollars ($ 1 this amount being ten percent (10%) of the total amount of the bid. The proceeds of th check shall become the property of District provided this proposal shall be accepted by th District through action of its legally constituted contracting authorities and the undersigne shall fail to execute a contract and furnish the required Performance, Warranty an Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, thl check shall be returned to the undersigned. The proceeds of this check shall also becorn1 the property of the District if the undersigned shall withdraw his bid within the period o fifteen (IS) days after the date set for the opening thereof, unless otherwise required by law and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on thc following pages shall be executed--the sum of this bond shall be not less than ten percen (10%) of the total amount of the bid. Bid Security Fom 8/l3/93 Rev t -I c BIDDER’S BOND (TO ACCOMPANY PROPOSAL) KNOW ALL PERSONS BY THESE PRESENTS: That We, INS 1 TUFORM SOUTHWEST . as principal, and RELIANCE INSURANCE COMPANY , as Surety are held and firmly bound unto the CARLSBi MUNICIPAL WATER DISTRICT, in an amount as follows: (must be at least ten per0 (10%) of the bid amount) Iia TEN PERCENT (10%) OF AMOUNT BID .* for which payment, well and truly made, we bind ourselves, our heirs, executors E administrators, successors or assigns, jointly and severally, iirmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the propc of the above-bounden Principal for: rll CONTRACTNO.’ 3426 ROOSEVELT SrIREET SEWER MAIN REPAIRS FROM OAK TO GRAND AVENUES CMWD PROJECT NO. 93-401 4 B) d in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall d enter into and execute a Contract, including required bonds and insurance policies, wit twenty (20) days from the date of award of Contract by the Board of Directors of Carlsbad Municipal Water District, being duly notified of said award, then this obligat shall become null and void; othenvise, it shall be and remain in full force and effect, and amount specified herein shall be forfeited to the said District. ... ... ... ... ... ... 11 1 I! 1 ... ... ... ... ... ... c ... Bidder‘s E% 8/13/93 1 " 1 In the event Principal executed this bond as an individual, it is agreed that the death t Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 16TH Executed by SURETU' this 16TH e a day of SEPTEMBER ,19 93 day of SEPTEMBER , 192 PRINCIPa SURETY: 1 INSITUFORM SOUTHWEST (Name of Principal) By: (sign here) WIllrsh h( asre E. J. PENNISI, JR., ATTORNEY-IN-FACT (print name here) printed name of Attorney-in-Fac Geoeml /??q r UF %&&rrrl s+ez/ (attach corporate resolution showh 1" a II * a (title and orgakzation of signatory) By: current power of attorney) POWER OF ATTORNEY ATTACHED NOTARIAL ACKNOWLEDGEMENT OF SURETY ATTACHED RELIANCE INSURANCE COMPANY FOUR PENN CENTER PLAZA PHILADELPHIA, PA 19103 MARSH & MCLENNAN, INC. P 0 BOX 2545 NASHVILLE, TN 37219 (sign here) (print name here) (title of organization of signatory) (Proper notarial acknowledgment of execution of Principal and Surety must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one of% signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corpo~ seal empowering that o-r to bind the corporation.) 41 APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL BY % 1 64 L v Deputy General Counsel a Bidder's Bo Sf13193 R 1 1 I I I I 1 I c I I I I I I I I C before me, Gary L rsonally appearec William H. Chase, personally known to me tc be the person whose name IS subscribed tc the within instrument and acknowledged tc me that he executed the same in hi authorized capacity, and that by his signaturi on the instrument the person or the entitj upon behalf of which the person acted executed the instrument. 1 State of California County of Los Angeles WITNESS my hand and official seal. lB I * I I I I I I t I C ACKNOWLEDGEMENT OF SURETY I Bid Bond STATE OF TENNESSEE COUNTY OF DAVIDSON On this 16th day of September, 1993, before me personally comes E J. Pennisi, Jr., Attorney-in-Fact of Reliance Insurance Company with whom I am personally acquainted and who, being by me, Barbar W. Alexander, says that he resides in Nashville, Davidson County Tennessee, that he is the Attorney-in-Fact of Reliance Insuranc Company, the company described in and which executed the withi instrument; that he knows the corporate seal of such company; an that the seal affixed to the within instrument is such corporat seal and that it is affixed by order of the board of directors o said company, and that he signed the said instrument as Attorney in-Fact of the said company by like order. I I AA Barbara W. Alexander Notary State at Large I I I I I My commission expires May 28, 1995. b RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY I# I c KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of Pennsylvania, does hereby make, constitute and appoint Lynda Y. Kingsley, J. Joe White, Donald E. Williams, H. Riley Ho Wright, Jr.. B. W. Alexander, Michael D. Regan. E. J. Pennisi, Jr.. Michael B. Mattox.. individually. of Nashville, Tennessee, lawful Attorney(s1-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and of suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPAN and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuanc This Power of Attorney is granted under and by authority of Article VI1 of the By-Laws of RELIANCE INSURANCE COM became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: 1 I I I I I I I, I I Company,and the Resolution, set forth therein, are still @" @s!Frwo 9 2 v *MON@p +Aj I a O>%"A-@ I "".94J/ UQL ,,,. 8 I I I II ARTICLE VI1 - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board. any Senior Vice President, any Vice President or A President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-ir authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and o obligatory in the natura thereof, and (b) to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority g Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issue execute and deliver on behalf of the Company, bonds and undertakings, recognizances. contracts of indemnity and other writing! the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contract! and other writings obligatory in the nature thereof. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances indemnity or other conditional or obligatory undertakings arid they shall also have power and authority to certify the financial sta Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Boar of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and s has not been amended or repealed: 2. 3. "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bel such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so exec and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 18 day of June, 1993 RELIANCE INSURANCE COMPANY && Vice President STATE OF Pennsylvania 1 COUNTY OF Philadelphia )ss. On this 18 day of June. 1993 personally appeared Charles B. Schrnalz to me known to be the Vice President of the RELIANCE INSUt&&U@E&Q~PANY, and acknowledged that he executed and attes' foregoing instrument and affixed the seal of said corpqd "%pd that Article VII, Section 1, 2. and 3 of the B - iuI NOTARIAL SEAt ;"o;-i sg viLmASL\c\( fY-03- $ Notary Public in and for State of Pennsy 1, Anita Zippert, Secretary of the RELIANCE INSURANCE &FA&', dg,,h*reby certify that the above and foregoing is a true a of a Power of Attorney executed by said RELIANCE INSURAN f?"BdfV@ANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corn $2 VALENCtA WORYHAM, NotJry Public Cdy of Philadelphia. Pnila. Coumy Commission Ex res Nov. 18 19% $. Residing at Philadelphia Li 80R-1431 Ed. 3/93 I 0 1 I I I I 1 II, 1 1 I & I i 1 1 BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY (TO ACCOMPANY PROPOSAL) Bidder submits herewith a statement of financial responsibility: t && @pz 4Md04C A$&&- Bidder’s Statement c Financial Responsibilil 8/13/93 Re f La** &$# Tech nolog ies,, a m*# lnsituform Each day aswe walk the streets of our cities, the unseen structures beneath our feet deteriorate. The carefully laid pipelines that carry water and energy to our homes, that transport vital chemicals in our factories, are eroded by the elements and age. As pipes decay, they threaten our health, our environ- ment, and our safety. Insituform Technologies, Inc. (formerly Insituform of North America, Inc.) is a world leader in the repair of pipelines and related structures using trenchless technology. We fix underground pipes without digging. A fully integrated, multi-product pipeline recon- struction company, Insituform has manufacturing plants in the United States, the United Kingdom and Japan, and offices serving more than 40 countries around the world. Cover photo: Our delicate ecosystem, complrmeizts of the US. National Aeuoriaufics afzd Space Administration. Contents Financial Highlights ........................................................ 1 Letter to Shareholders ..................................................... 2 Business Review ............................................................... 4 Management's Discussion and Analysis .................... 12 Financial Review 18 Directory ......................................................................... 38 Directors and Officers 40 Corporate Information .................................................. 40 m ............................................................ ................................................... e= =# Printed on recycled Paper. LUI IJVLIUMI LU J IMI LIVILI Y I J VI ur Lnni IWIY~ (See Note 1) Year ended December 32, 1992 1991 (In thousands, except per shareamr Revenues (Notes 15 and 20) 0 Net sales .................................................................... $ 30,125 !§ 24,308 4 Construction contracts .................................................... 53,236 40,463 Total revenues ................................................................ 95,775 76,402 Operating costs and expenses Cost of sales ................................................................ 17,952 13,270 Royalty expense., .......................................................... 352 72 Cost of construction contracts ............................................. 41,557 33,412 Research and development ............................................... 4,349 4,867 Operating costs and expenses ............................................... 101,658 70,538 Operating income (loss) ..................................................... (5,883) 5,864 Other income (expense) Royalties and licensee fees (Note 13). ..................................... 12,414 11,631 Selling, administrative and general ....................................... 22,876 18,184 Merger and restructuring Costs (Note 1) .................................. 14,572 733 Gain on sale of investment in Insituform Mid-America, Inc. (Note 8) .................................................................. - 17,280 Other (Note 16) ............................................................ 2,868 2,339 Income (loss) from continuing operations before taxes on income and minority interests ..................................................... (3,015) 25,483 Taxes on income (Note 17) ................................................... 3,945 10,925 Income (loss) from continuing operations before minority interests and equity in earnings of associated companies.. ....................... (6,960) 14,558 Minority interests (Note 1) (248) (22) .................................................. Income (loss) from continuing operations before equity in earnings of associated companies .................................................. (7,208) 14,536 Equity in earnings of associated companies (Note 8) ...................... 824 Income (loss) from continuing operations before extraordinary item .... (6,211) 15,360 Income (loss) from discontinued operations (Note 18) .................... - 258 Income (loss) before extraordinary item.. .................................. (6,211) 15,618 Extraordinary item-utilization of capital loss carryforwards (Note 17). ... - 1,123 Net income (loss) ............................................................ $ (6,211) $ 16,741 f Earnings (loss) per share of common stock and common stock e 997 equivalents (Note 19) Income from continuing operations before extraordinary item ....... $ (.45) $ 1.12 f Discontinued operations., .............................................. - .02 Extraordinary item ...................................................... - .08 Net income (loss) ........................................................... $ (.45) $ 1.22 : See accornpnnying summary ofaccounting policies and notes to consolidated financial statements. 0 CON SOLI DATED BALANCE SH EETS (See Note 1 to Financial Statements) 0 December 31, 1992 (In thousands) Assets Current ........................ Cash and cash equivalents, restricted $1,322 and $6,306.. $13,869 $ 45, Receivables (Note 3). 20,960 19, Notes receivable from directors and officers (Note 5) ............................. Inventories (Note 6) 5,098 4, Prepaid expenses and miscellaneous 3,384 2, Total current assets 43,712 72, (Notes 7 and 12) 19,766 17, Investments in licensees and associated companies (Note 8) 1,749 1, $885 (Note 9) 5,562 5, amortization of $1,499 and $1,190 14,227 5, Miscellaneous 2,363 2, Total other assets 23,901 14, $87,379 $105, Liabilities and Stockholders’ Equity Marketable securities (Note 2) ...................................................... 401 ................................................................ - ................................................................. .............................................. .................................................................... Property and equipment, less accumulated depreciation and amortization Other assets ..................................................................... ..................... Patents and patent applications, less accumulated amortization of $1,282 and Costs in excess of net assets of businesses acquired, less accumulated ...................................................................... ............................................... ....................................................................... ...................................................................... e Current liabilities .................................................. Notes payable to banks (Note 10) $ 342 $ 12, Accounts payable and accruals (Note 11) 18,834 14, Income taxes payable (Note 17) 2,270 3, Current maturities of long-term debt (Note 12).. 2,581 1, Total current liabilities 24,027 32, Long-term debt, less current maturities (Note 12). 7,337 8,1 Deferred income taxes (Note 17) ..................................................... Total liabilities 32,257 41, Commitments and contingencies (Notes 9,10,13,21 and 22) Minority interests.. ................................................................... 543 Redeemable preferred stock (Note 13) ............................................... .......................................... .................................................... .................................. ............................................................... .................................. 893 ........................................................................ 84 Common stock and other stockholders’ equity (Note 14): Preferred stock, undesignated, $. 10 par-shares authorized 1,800,000; Common stock, $.01 par-shares authorized 25,000,000; shares outstanding Additional paid-in capital.. 39,711 37, Retained earnings (Notes 10 and 12) 19,671 25, 59,521 63, ( Treasury stock, 5,000 shares, at cost Cumulative foreign currency translation adjustments (1,402) 3, Notes receivable from affiliates (Note 5). (3,624) (3, Total common stock and other stockholders’ equity 54,495 63, none outstanding.. ............................................................... - 13,923,132 and 13,794,808 ........................................................ 139 ......................................................... ............................................... .................................................. - .............................. ............................................. ................................ $87,379 $105, e See accompanying summary of accounting policies and notes to consolidated financial statements 18 I I I I I I I a m 1 I I I I I I I BIDDEWS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (TO ACCOMPANY PROPOSAL) The Bidder's is required to state what work of a similar character to that included in tl proposed Contract he/she has successfully performed and give references, with telephoi numbers, which will enable the District to judge hisher responsibility, experience and ski An attachment can be used. I' No. of Person Bidder's Statement o Technical Abi@ and Experiencc 8/13/p3 Rev P 1 I 1 1 1 1 1 II, 1 1 1 I I 1 I NON-COLLUSION AFFIDAVIT (TO ACCOMPANY PROPOSAL) TO BE EXECUTED BY BIDDER AND SUBMITIED WITH BID I' The Bidder shall fill in the three blank lines below with: I 1. 2. 3. The name(s) of the person(s) signing this bid on behalf of the Bidder. The title(s) of the person(s) signing this bid in relation to the Bidder. The legal name of the Bidder. State of California 1 County of Lo2 ~AYGUS) 1 so &4//LRrn A U4J-e being first duly sworr 1 (Name(s) of Person(s) Signing this Bid on Behalf of the Bidder) deposes and says that he or she is GEdE44 C 4AJX&;#EzJ C (Title(s) of the Person(s) Signing this Bid in Relation to the Bidder) the part; making the foregoing bid that the bid is not made in the interest of, or on behalf of, an! undisclosed person, partnership, company, association, organization, or corporation; that tht bid is genuine and not collusive or sham; that the bidder has not directly or indirectl! induced or solicited any other bidder to put in a false or sham bid, and has not directly 01 indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put i~ a sham bid, or that anyone shall refrain from bidding; that the bidder has not in an! manner, directly or indirectly, sought by agreement, communication, or conference wit1 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 or anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, Non-Collusion Affidavif 8/13/93 Rev. I e 1 I 1 1 I directly or indirectly, submitted his or her bid price or any breakdown thereof, or tl contents thereof, or divulged information or data relative thereto, or paid, or will not pa any fee to any corporation, partnership, company association, organization, bid depositoi or to any member or agent thereof to effectuate a collusive or sham bid. IN WITNESS WHEREOF, the undersigned represent and warrant that they have the ri@ power, legal capacity and authority to enter into and declare under penalty of perjury th the foregoing is true and correct, and that this affidavit was executed on behalf of tl Bidder, and have set their names, titles, and signatures hereon, this day of 19- at PROJECR ROOSEVELT SEWER MAIN REPAIRS. CMWD PROJECT NO. 93-401 BIDDER: L County, in the State of - hs/roFQpzLH L6 &.JT&fldk47 I Name 1 Address 9+%G AMM &m=k5,; &/urn /I2 GzZAs 45 d/Q -?$6 - 00 (k, .I Phone Number - Ir) Signature I attached. Signatures must be made, and Notary Acknowledgements of execution of Bidder must 1 To be submitted as part of the Bid Documents. I declare under penalty of perjury that the foregoing is true and correct and that th I I I affidavit was executed on the 1 4 day of % $& iL.L ,193. 3 Signature of Bidder Subscriied and sworn to before me on the \ 4 day of S-QOL s 19%. i (NOTARY SEAL) I Signatde of Notary ‘Q A&\ %. %%4 Non-Collusion Aftida\ 8/13/93 Re c I 1 1 I I I I I I I P I I I I I I I I I. On &xh&- tYc \qg'$ before me, Gary L Lie n b e r g e r , It Notary " per s o n a I1 y a p p e a r e ( William H. Chase, personally known to me tc be the person whose name is subscribed tc the within instrument and acknowledged tc me that he executed the same in hi: authorized capacity, and that by his signaturc on the instrument the person or the entit: upon behalf of which the person acted executed the instrument. 1 State of California County of Los. Angeles DATE WITNESS my hand and official seal. SIGNATURE OF NOTARY c I I I I I I I P I hsituform@ South west 0 W N ER S H I P INFORM AT1 0 N G lnsituform@ Southwest is a partnership. The partners are lnsituform California, Inc. anc 1 California, Inc. Partners A. NuPipe California, Inc. B. lnsituform California, Inc. 3315 Democrat Road Memphis, TN 381 18 Phone: (901 ) 363-21 05 Phone: (901 ) 363-21 05 0 f fi ce rs : William Charles Willis, Jr. 8358 Championship Dr. #301 Memphis, TN 381 25 Social Security #037-30-9945 3315 Democrat Road Memphis, TN 38 1 18 Officers: William Charles Willis, Jr. 8358 Championship Drive, #301 Memphis, TN 38125 Social Security #037-30-9945 President President -. Franklin Thomas Driver, Franklin Thomas Driver, Vice President Vice President I 6710 Kirby Oaks Lane 6710 Kirby Oaks Lane Memphis, TN 381 19 Social Security #335-26-9789 Memphis, TN 381 19 Social Security #335-26-9789 I William Augustus Martin William Augustus Martin, 2128 Spring Hollow Lane I Germantown, TN 38139 Germantown, TN 381 39 Social Security #182-32-4322 Secretary Secretary 2128 Spring HOIIOW Lane Social Security #182-32-4322 I 1 I I \mr\inr 5 1 1 1 1 I 1 INSITUFORM cN;Iromm, INC - 3315 Democrat Road ~empfxis, Tennessee 38118 (901) 363-2105 b March 16, 1992 To Whom It May Concern: This is to advise you that William H. Chase, General Manager of Insitufoan Southwest, is authorized to sign I contractual documents as it relates to work being done by Insituform Southwest. 1 subsidiaxy of Insituform of North America, Inc. and, as Insituform California, Inc, (“ICI”) is a wholly owned such, IC1 recognizes their authority’ to act on the behalf of .. Very truly yours PC= - I 1 wwjl 1 1 I 1 1 I hJ+ / /*L William A. Martin Secretary .-, cc v 92 P’ I. NOPIPE CALIFORNXn, XNC- 3315 Democrat Road Memphis, Tennessee 38118 8 8 I 1 I 1 L (901) 363-2105 March 16, 1992 To Whom-It May Concern: This is to advise you that William H. Chase, General Manager of Insitufonn Souawest, is authorized to sign contractual documents as it relates to work being done by- 1 Insituform Southwest. 1 NuPipe California, Inc. (MNPCIN) is a wholly owned subsidiary of Insituform of North America, Inc- and, as such, NPCI recognizes their authorsty to act on the behalf of NPCI- P I 1 P 1 F.;IAK/jx ~Xy0lu ML William A. Martin Secretary r.r -2) *, 2 gr ?- 1 I I 1 I b .i Onb-. 23 \“rS before me, Gar) Lien berg e r, “Notary “ personal I y a p pea William H. Chase, personally known to me be the person whose name is subscribec the within instrument and acknowledged me that he executed the same in authorized capacity, and that by his signat on the instrument the person or the en upon behalf of which the person act executed the instrument. 1 State of California County of Los Angeles DATE WITNESS my hand and official seal. a i- LA-% Ad $kk SIGNATURE OF NOTARY ‘il, City of CarlsbaJ PurcLasing Department * Representation and Certification The following representation and certification are to be completed, signed and returned with propos: REPRESENTATIONS: Mark all applicable blanks. I am currently certified by: This offeror represents as part of this offer that: (Check appropriate Ethnic Business Type) Certification #: CERTl F lCATl0 N OF BUSINESS REPRESENTATION(S): Mark all applicable blanks. This offeror repres part of this offer that: , is not !X This firm is minority business. This firm is , is not r( woman-owned business. DEFINITIONS: MINORITY BUSINESS ENTERPRISE: “Minority usiness‘ is defined as a business, at least 51 percent of hich is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted. WOMAN-OWNED BUSINESS: A womi business is a business of which at least 51 F owned, controlled and operated by a woman o Controlled is defined as exercising the power policy decisions. Operation is defined as involved in the day-to-day management. a />s/,-,i lqkd &?Qjem&G,y kd L-CLWfl kL &N4G& COMPANY NAME NAME T1TLL !!A . a / SIGNATURE a 3468 %L L9q-($, TELEPHONE NUMBER DATE 1Yp2 20 I I 1 I I CONTRACT - PUBLIC WORKS This agreement is made t&-%y Municipal Water District of Carlsbad, "District"), and place of busha is (hereinafter called "Contractor".) District and Contractor agree as follows: 1. 19&y and between the Carlsbad cipal corporation, (hereinafter called whose principal I* I n s i t u fo rm Southwest 9445 Ann Street, Santa Fe Spring CA 90670 DescriDtion of Work. Contractor shall perform all work specified in the Contract I Documents for: I BETWEEN OAKAND GRAND AVENUES ROOSEVELT STREET SEWER MAIN REPAIRS CMWD PROJECT NO. 93-401 - CONTRACT NO. 3426 II P 1 1 I I 1 1 (hereinafter called "projectff.) Provisions of Labor and Materials. Contractor shall provide all labor, materials tools, equipment, and personnel to perform the work specified by the Contrac 2. 1 Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Noticc Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusior Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, thc Special Provisions, and all proper amendments and changes made thereto i~ accordance with this Contract or the Plans and Specifications, and all bonds for th project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors and materials suppliers shall provide and install th work as indicated, specified, and implied by the Contract Documents. Any item of work not indicated or specified, but which are essential to the completion of th work, shalI be provided at the Contractor's expense to fulfill the intent of sail documents. In all instances through the life of the Contract, the District will be th interpreter of the intent of the Contract Documents, and the District's decisio relative to said intent will be final and binding. Failure of the Contractor to appris subcontractors and materials suppliers of this condition of the Contract will nc relieve responsibility of compliance. Contract - Public Wort W13193 Re f I! I I i I I 1 1 I I I 1 4. Payment. For all compensation for Contractor's performance of work under t€ Contract, District shall make payment to the Contractor per Section 9-3 of tl Standard SDecifications for Public Works Construction (SSPWC) 1991 Edition, a the latest supplement, hereinafter designated 'SSPWC', as issued by the Southe California Chapter of the American Public Works Association and as amended 1 the special provisions section of this contract. The closure date for each mont€ invoice will be the 30th of each month. Invoices from the Contractor shall 1 submitted according to the required District format to the District's assigned proje manager no later than the 5th day of each month. Payments will be delayed invoices are received after the 5th of each month. The final retention amount sh not be released until the expiration of thirty-five (35) days following the recordh of the Notice of Completion pursuant to California Civil Code Section 3184. Public Contract Code Section 20104.50 requires a summary of its contents to be s forth in the terms of the contract. Below is such a summary. However, contractc should refer to Public Contract Code section 20104.50 for a complete statement I the law. The District shall make progress payments within 30 days after receipt of a undisputed and properly submitted payment request from a contractor on construction contract. If payment is not made within 30 days after receipt of a undisputed and properly submitted payment request, then the District shall p~ interest to the contractor equivalent to the legal rate set forth in subdivision (a) ( section 685.010 of the Code of Civil Procedure. Upon receipt of a payment request, the District shall, as soon as practicable aftc receipt, determine whether the payment request is a proper payment request. If th District determines that the payment request is not proper, then the request shall k returned to the contractor as soon as practicable but not later than seven (7) da! after receipt. The returned request shall be accompanied by a document setting fort in writing the reasons why the payment request was not proper. If the District fails to return the denied request within the seven (7) day time limi then the number of days available to the District to make payment without incurrin interest shall be reduced by the number of days by which the District exceeds th seven (7) day return requirement. "Progress payment" includes all payments due contractors except that portion of th final payment designated by the contract as "retention earnings". Independent Investigation. Contractor has made an independent investigation of thc jobsite, the soil conditions at the jobsite, and all other conditions that might affec the progress of the work, and is aware of those conditions. The Contract pricc includes payment for all work that may be done by Contractor, whether anticipate( or not, in order to overcome underground conditions. Any information that ma1 have been furnished to Contractor by District about underground conditions or othe; Contract - Public Work 8/13t93 Rea I' 10 I I 5. 1 I I f , L I 1 1 I I 1 1 I w job conditions is for Contractor’s convenience only, and District does not warraj that the conditions are as thus indicated. Contractor is satisfied with all jc conditions, including underground conditions and has not relied on informatic furnished by District. Contractor Resmnsible for Unforeseen Conditions. Contractor shall be responsib for all loss or damage arising out of the nature of the work or from the action of tl elements or from any unforeseen difficulties which may arise or be encountered the prosecution of the work until its acceptance by the District. Contractor shall ab be responsible for expenses incurred in the suspension for discontinuance of tl work. However, Contractor shall not be responsible for reasonable delays in tl completion of the work caused by acts of God, stormy weather, extra work, t matters which the specifications expressly stipulate will be borne by District. Cal OSHA Permits. Contractor will obtain permits from Cal OSHA if require including but not limited to, permits for excavations over four feet deep. Hazardous Waste or Other Unusual Conditions. If the contract involves dim trenches or other excavations that extend deeper than four feet below the surfac Contractor shall promptly, and before the following conditions are disturbed, noti District, in writing, of any: A. I. 6. 7. 8. Material that Contractor believes may be material that is hazardous waste, : defined in Section 25117 of the Health and Safety Code, that is required be removed to a Class I, Class 11, or Class I11 disposal site in accordance wit i provisions of existing law. i indicated. B. Subsurface or latent physical conditions at the site differing from tho: C. Unknown physical conditions at the site of any unusual nature, differe materially from those ordinarily encountered and generally recognized i inherent in work of the character provided for in the contract. 111 I 1 1 I 1 District shall promptly investigate the conditions, and if it finds that the conditio] do materially so differ, or do involve hazardous waste, and cause a decrease 4 increase in contractor’s costs of, or the time required for, performance of any pa of the work shall issue a change order under the procedures descnid in th contract. In the event that a dispute arises between District and Contractor whether tl conditions materially differ, or involve hazardous waste, or cause a decrease ( increase in the Contractor’s cost of, or time required for, performance of any part ( the work, Contractor shall not be excused from any scheduled completion da provided for by the contract, but shall proceed with all work to be performed undc . Contract - Public Wor 8/131p3 R I. i I 1 E 1 I I I P I I I I 1 I I 1 I 1 the contract. Contractor shall retain any and all rights provided either by contra or by law which pertain to the resolution of disputes and protest between tl contracting parties. Change Orders. District may, without affecting the validity of the Contract, ordt changes, modifications and extra work by issuance of written change order Contractor shall make no change in the work without the issuance of a writte change order, and Contractor shall not be entitled to compensation for any exti work performed unless the District has issued a written change order designating i advance the amount of additional compensation to be paid for the work. If a chang order deletes any work, the Contract price shall be reduced by a fair and reasonabl amount. If the parties are unable to agree on the amount of reduction, the wor shall nevertheless proceed and the amount shall be determined by litigation. Th only person authorized to order changes or extra work is the Project Manager. Th written change order must be executed by the Executive Manager or the Board c Directors, as allowed by law and according to the latest procedures adopted b resolution of the board. Immigration Reform and Control Act. Contractor certifies he is aware of thc requirements of the Immigration Reform and Control Act of 1986 (8 USC Section 1101-1525) and has complied and will comply with these requirements, including, bu not limited to, veriflmg the eligiiility for employment of all agents, employees subcontractors, and consultants that are included in this Contract. Prevailing Wage. Pursuant to the California Labor Code, the director of tht Department of Industrial Relations has determined the general prevailing rate of pel diem wages in accordance with California Labor Code, Section 1773 and a copy o a schedule of said general prevailing wage rates is on file in the office of tht Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to Californii Labor code Section 1775, Contractor and all subcontractors shall pay prevailin4 wages. Contractor shall post copies of all applicable prevailing wages on the job site. For this contract, eight hours shall constitute a legal day’s work. Work beyond eighl hours shall be paid at a rate not less than one and one half times the prevailing rates. Wage rates for Sundays and holidays shall be paid at a rate not less than twa times the prevailing rates. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workers employed on the projects. 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, lawsuits or judgements for any loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contractor 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; except for loss or damage which was caused solely by Convact - Public Works tY13t93 Rev. 9. I. 10. 11. 12. t 1 1 I 1 1 I e I P 1 1 1 I I I 1 the active negligence of the District; and from any and all claims, loss, damag injury and liability, howsoever the same may be caused, resulting directly or indirec from the nature of the work covered by the Contract, unless the loss or damage \ caused solely be the active negligence of the District. The expenses of defei include all costs and expenses including attorneys fees for litigation, arbitration, other dispute resolution method. Insurance. Contractor shall procure and maintain for the duration of the contri insurance against claims for injuries to persons or damage to property which x arise from or in connection with the performance of the work hereunder by i Contractor, his agents, representatives, employees or subcontractors. Said insurm shall meet the District’s policy for insurance as stated in Resolution No. 772. (A) 1, 13. COVERAGES AND LIMITS - Contractor shall maintain the types coverages and minimum limits indicted herein: 1. Comprehensive General Liabilitv Insurance: $l,OOO,OOO combined single limit per occurrence for bodily injury a property damage. If the policy has an aggregate limit, a separs aggregate in the amounts specified shall be established for the risks i which the District or its agents, officers or employees are additiox insureds. 2. Automobile Liability Insurance: $l,OOO,OOO combined single limit per accident for bodily injury a property damage. In addition, the auto policy must cover w vehic used in the performance of the contract, whether used onsite or offsil whether owned, nonowned or hired, and whether scheduled or no scheduled. The auto insurance certificate must state the coverage for “any auto” and cannot be limited in any manner. Workers’ ComDensation and Emdovers’ Liability Insurance: Workers’ compensation limits as required by the Labor Code of tl State of California and Employers’ Liability limits of $l,OOO,OOO pc incident. Worker’s compensation offered by the State Compensatic Insurance Fund is acceptable to the District. 3. I (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies t insurance required under this agreement contain, or are endorsed to contai the following provisions. General Liability and Automobile Liabilil Coverages: Contract - Public WorE 8/13/93 Re t E 1 1 s 1 1 1 1 I I I I I I 5 1. The District, its officials, employees and volunteers are to be coverc as additional insureds as respects: liability arising out of activitj performed by or on behalf of the Contractor; products and completl operations of the contractor; premises owned, leased, hired I borrowed by the contractor. The coverage shall contain no speci limitations on the scope of protection afforded to the District, j officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance respects the District, its officials, employees and volunteers. AI insurance or self-insurance maintained by the District, its official employees or volunteers shall be in excess of the contractor's insurant and shall not contriiute with it. Any failure to comply with reporting provisions of the policies sha not affect caverage provided to the District, its officials, employees ( volunteers. Caverage shall state that the contractor's insurance shall appl separately to each insured against whom claim is made or suit 1 brought, except with respect to the limits of the insurer's liability. 1. 2. 3. 4. (C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claim made" basis, coverage shall be maintained for a period of three yea1 following the date of completion of the work. NOTICE OF CANCELLATION - Each insurance policy required by thi agreement shall be endorsed to state that coverage shall not be suspended voided, canceled, or reduced in coverage or limits except after thirty (30 days' prior written notice has been given to the District by certified mail I. (D) 1 return receipt requested. (E) DEDUCI'IBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS * Any deductibles or self-insured retention levels must be declared to anc approved by the District. At the option of the District, either: The insure1 shall reduce or eliminate such deductibles or self-insured retention levels a! respects the District, its officials and employees; or the contractor shal procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. WAIVER OF SUBROGATION - All policies of insurance required under this agreement shall contain a waiver of rights of subrogation the insurer may have or may acquire against the District or any of its officials or employees. (G) SUBCONTWICI'ORS - Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be Contract - Public Works 8/13/93 Rev. (F) f I 1 subject to all of the requirements stated herein. ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurc that have a rating in Best’s Key Rating Guide of at least A-:V, and a authorized to transact the business of insurance by the Insuran Commissioner under the standards specified by the Board of Directors Resolution No. 772. (H) I’ 1 I I B 1 p. 1 I I I 1 I 1 I (I) VERIFICATION OF COVERAGE - Contractor shall furnish the Distn with certificates of insurance and original endorsements affecting covera; required by this clause. The certificates and endorsements for each insuran policy are to be signed by a person authorized by that insurer to bh coverage on its behalf. The certificates and endorsements are to be in fon approved by the District and are to be received and approved by the Distr before work commences. COST OF INSURANCE - The Cost of all insurance required under tl agreement shall be included in the Contractor’s bid. (J) 1 14. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resokc in accordance with the provisions in the Public Contract Code, Division 2, Part Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated 1 reference. The contractor shall initially submit all claims over $375,000 to the Distri using the informal dispute resolution process described in Public Contract Coc subsections 20104.2(a), (c), (a). Notwithstanding the provisions of this section of tl contract, all claims shall comply with the Government Tort Claims Act (section 9( - et sea of the California Government Code) for any claim or cause of action fc money or damages prior to filing any lawsuit for breach of this agreement. Maintenance of Records. Contractor shall maintain and make available at no m to the District, upon request, records in accordance with Sections 1776 and 1812 ( Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not mahtaj the records at Contractor’s principal place of business as specified above, Contractc shall so inform the District by certified letter accompanying the return of th Contract. Contractor shall notify the District by certified mail of any change ( address of such records. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wil Section 1720 of the Labor Code are incorporated herein by reference. u. Securities in the form of cash, cashier’s check, or certified check may b substituted for any monies withheld by the District to secure performance of thj contract for any obligation established by this contract. Any other security that i mutually agreed to by the Contractor and the District may be substituted for monie withheld to ensure performance under this Contract. 15. 16. 17. Contract - Public Wor)! 8/13/93 Re f 1 1 R I I I 18. Affirmative Action. The Carlsbad Municipal Water District is an equal opportum employer. Provisions Reauired by Law Deemed Inserted. Each and every provision of law iu clause required by law to be inserted in this Contract shall be deemed to be insertc herein and included herein, and if, through mistake or otherwise, any such provisic is not inserted, or is not correctly inserted, then upon application of either party, tl amended to make such insertion or correctia 19. f - L~rruFObZu sl;m umz NOTARIAL A Contractor EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED w M CttPSG (CORPORATE SEAL) I Signature of Signatory s Title k) APPROVED TO AS TO FORM: Print Name of Signatory 1 General Counsel Signature of Signatory I Title RONALD R. BALL By: I li? 91 I /&d F II ATITST: I 1 P 1 Deputy General Counsel Board of Directors Y flo%7& d u ALETHA L RAUJTNGU"KRAN Secrita Contract - Public Work 8/13/93 R~I a before me, Gary L. rsonally appeared William H. Chase, personally known to me to be the person whose name is subscribed tc the within instrument and acknowledged to me that he executed the same in hi: 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. 1 State of California County of Los Angeles WITNESS my hand and official seal. 0 1- 4 &A\ f- LA .* .- bLra ’ S\GNATUFE OF NOTARY > 0 a On^Z)k L3. \‘?3 before me, Gary L. Lien berg e r , ” Not a r y ” p e r s o n a I I y a p p ea r e d William H. Chase, 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. ) State of California County of tos Angeles DATE WITNESS my hand and official seal. e W% i. SIGNATURE OF NOTARY rn a On 9% l3< \q73 before me, Gary L Lien be rge r , "Not a r y " person a I I y a p p ea re( William H. Chase, personally known to me tc be the person whose name is subscribed tc the within instrument and acknowledged tc me that he executed the same in hi authorized capacity, and that by his signaturl on the instrument the person or the entity upon behalf of which the person acted executed the instrument. 1 State of California County of Los Angeles OAT€ WITNESS my hand and official seal. 0 L cvlr\ t&JyJUb SIGNATURE OF NOTARY A, e 9 Bond #B2364135 ACKNOWLEDGEMENT OF SURETY STATE OF TENNESSEE COUNTY OF DAVIDSON On this day of , 19 , before me personally come B. W. Alexander, Attorney-in-Fact of Reliance Insurance Company with whom I am personally acquainted and who, being by me, Lynda Y Kingsley, says that she resides in Nashville, Davidson County Tennessee, that she is the Attorney-in-Fact of Reliance Insuranc Company, the company described in and which executed the withi instrument; that she knows the corporate seal of such company; an that the seal affixed to the within instrument is such corporat seal and that it is affixed by order of the board of directors o said company, and that she signed the said instrument as Attorney in-Fact of the said company by like order, as her free an voluntary act for the uses and purposes therein set forth. ?/ My commission expires July 27, 1996. a r ?> RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of Pennsylvania, does hereby make, constitute add appoint Lynda Y. Kingslay, J. Jos White. Donald E. Williams. H. Riley Hol Wright, Jr.. B. W. Alexander. Michael D. Regan. E. J. Pennisi. Jr.. Michael B. Mattox.. individually, of Nashville. Tennessee. lawful Attorney(s)-in-Fact, to make, execute, sed and deliver for and on its behalf. and as its act and deed any and all bonds and i of suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and c and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPAN'I and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)in-Fact may do in pursuanci This Power of Attorney is granted under and by authority of Article VIJ of the &Laws of RELIANCE INSURANCE COMF became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: U ARTICLE VI1 - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or As President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in- authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and o obligatory in the nature thereof, and (b) to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority giv Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issuac execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts and other writings obligatory in the nature thereof. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial stat Company end to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Boarc of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, et which a quorum was present, and sa has not been emended or repealed: 2. 3. "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any SI Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate beau such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so execu and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company. in the future Y respect to any bond or undertaking to which it is attached.' i a! IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 18 day of June. 1993 RELIANCE INSURANCE COMPANY &a Vice President STATE OF Pennsylvania On this 18 day of June. 1993 personally appeared Charles B. Schmalz to me known to be the Vice President of the RELIANCE INSU PANY, and acknowledged that he executed and atteste foregoing instrument and affixed the seal of said corp q2Y@Y@ '''ejxl that Article VII, Section 1, 2, and 3 of the By- Conpeny,end the Resolution, set forth therein. are still I#$@@ vo '% COUNTY OF Philadelphia IS. 8 *MOrVbf/ 92% i? oo %- 53 - & &, VALENCIA NOTAWAL WORTHAM, SEAL Noby Pubtic [f-J\ s: i v- alpmccaN CctV of Phthdetpnia. Prula. cdumy 12 %so)Lv& o g "., 49 uaL'..'" Notary Public in and for State of Pennsylv . COmmns~~Ex resNov.10 1996 Residing at Philadelphia I. Anita Zippert, Seaetary of the RELIANCE INSURANCE 9 A&. d@&eby certify that the above and foregoing is a true an( of a Power of Attorney executed by said RELIANCE INSURAN eSSwANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this day of 4 0 (j !.jF9 y\ 9 >\ Tz;&&- SecrhW \&de BDR-1431 Ed 3/93 I --..a II I 1 I I li E I 1 I I i 3. me. I BOND ijB2364135 LABOR AND MATERIALS BOND WHEREAS, the Board of Directors of the Carlsbad Munici al Water District, State ,l California, by Resolution No. 853 ,adopted (hereinafter designai awarded to lnsituform Southwest as the 'Principal"), a Contract for: Decem er 7, 1993 g I ROOSEVELT STREET SEWER MAIN REPAIRS BETWEENOAKANDGRANDAVENUES CMWD PROJECT NO. 93-401 - CONTRACT NO. 3426 in the Carlsbad Municipal Water District, in strict conformity with the drawings a: specifications, and other Contract Documents now on file in the Office of the Secretary the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad), and all of whi are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the ten thereof require the furnishing of a bond, providing that if Principal or any of th~ subcontractors shall fail to pay for any materials, provisions, provender or other supplies t teams used in, upon or about the performance of the work agreed to be done, or for a work or labor done there of any kind, the Surety on this bond will pay the same to tl extent hereinafter set forth. NOW, ~-HFEFO~, WE, lnsituform Southwest Principal (hereinafter designated as the "Contractor"), and RELU.NCE INSURANCE COMPAm as Surety, are held firmly bound unto the Carlsbad Municipal Water Distri in the sum OfThirty four thousand nine hundred seven dollars and 75/100 ), said sum being fifty percent (50%) of tf estimated amount payable by the Carlsbad Municipal Water District under the terms of tf Contract, for which payment well and truly to be made we bind ourselves, our heir executors and administrators, successors, or assigns, jointly and severally, firmly by thes presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hishe subcontractors fail to pay for any materials, provision, provender, supplies, or teams use in, upon, for, or about the performance of the work contracted to be done, or for any othe work or labor thereon of any kind, or for amounts due under the Unemployment Insuranc Code with respect to such work or labor, or for any amounts due under the Unemploymer Insurance Code with respect to such work or labor, or for any amounts required to b deducted, withheld, and paid over to the Employment Development Department from th wages of employees of the contractor and subcontractors pursuant to Section 13020 of thc Unemployment Insurance Code with respect to such work and labor that the Surety will pa: for the same, not to exceed the sum specified in the bond, an4 also, in case suit is brough upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fees to be fixed by the court, as required by the provisions of Section 3248 of the California Civj 8 ,i # Dollars ($ 34~90'*'s ' Labor and Materials Born 8/13193 Ra 1 ..' 1 i I I I 8 I I 1 I I I This bond shall inure to the benefit of any and all persons, companies and corporatia entitled to He claims under Title 15 of Part 4 of Division 3 of the Civil Code (commenci with Section 3082). In the event that Contractor is an individual, it is agreed that the death of any su Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACI'OR this /zA b Executed by SURETY this 1 ~TH day day of 3-q~ ctcrc, , 19* JANUARY ,193. CONTRACTOR: SURETY: INSITUFORM SOUTHWEST RELIANCE INSURANCE COMPANY (Nam of Contractor) & ignature of Attorney-in-Fact I By: tbh7z!/ (signwe) \V'LCL,k&wl? &lo CC&+?g.E B. W. ALEXANDER (print name here) Printed name of Attorney-in-Fact dakP& &fW* (attach corporate resolution showir (title and organization of signatory) By: current power of attorney) RELIANCE INSURANCE COMPANY FOUR PENN CENTER PLAZA PHILADELPHIA, PA 19103 (sign here) I@ (print name here) (title and organization of signatory) (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one offia signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporal seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel By: 9, i-d Y v Deputy General Counsel Labor and Materials Bonc W13193 R~T t 1 I' BOND #I32364135 FAITHFCTL PERFORMANCI%JW ARRANTY BOND WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, State California, by Resolution No. 853 , adopted December 7s lgg3 , has awarded I nsi tuform Southwest , (hereinafter designated as t "Principal"), a Contract: b I 1 I I 1 1 I 1 I 1 II FOR ROOSEVELT STREET SEWER MAIN REPAIRS BETWEENOAKANDGRANDAVENUES CMWD PROJECT NO. 93-401 - CONTRACT NO. 3426 in the Carlsbad Municipal Water District, in strict conformity with the contract, the drawin and specifications, and other Contract Documents now on file in the Office of the Secreta of the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad), all of whi are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the ten thereof require the furnishing of a bond for the faithful performance and warranty of sa Con tract; NOW, THEmFORE, WE, lnsituform Southwest , as Principz 9: Surety, are held and firmly bound unto the Carlsbad Municipal Water ggS~&t,iip the SUI ofsixty nine thousand eight hundred fifteen &75/100 hllars ($ said sum being equal to one hundred percent (100%) of the estimated amount of t€ Contract, to be paid to District or its certain attorney, its successors and assigns; for whic payment, well and truly to be made, we bind ourselves, our heirs, executors aI; administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounde Contractor, their heirs, executors, administrators, successors or assigns, shall in all thing stand to and abide by, and well and truly keep and perform the covenants, conditions, an agreements in the Contract and any alteration thereof made as therein provided on the] part, to be kept and performed at the time and in the manner therein specified, and in a respects according to their true intent and meaning, and shall indemnify and save harmlea the Carlsbad Municipal Water District, its officers, employees and agents, as therei stipulated, then this obligation shall become null and void; otherwise it shall remain in fu force and effect. As a part of the obligation secured hereby and in addition to the face amount specifie. therefor, there shall be included costs and reasonable expenses and fees, includinj 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 charge, extension of time, alteration or addition to thc Faithful Performance Warranty Bonc 8/13193 Ra 1 (hereinafter designated as the "Contractor"), and RELIANCE INSURANCE COMPANY n ' t i r, 1 ;* I I day of .)G=Au- ,192* JANUARY ,192. U I 1 I I I II I I terms of the Contract, or to the work to be performed thereunder or the specificatic accompanying the same shall affect its obligations on this bond, and it does hereby wai notice of any change, extension of time, alterations or addition to the terms of the Contra or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any su Contractor shall not exonerate the Surety from its obligations under this bond. Fxecuted by CONTRACTOR this i.z& CONTRACTOR: SURETY: b 1 Executed by SURETY this 1*TH day ( RELIANCE INSURANCE COMPANY &I @baA,c& B . W. ALEXANDER id,, ec rM1 (print name here) Printed name of Attorney-in-Fact (attach corporate resolution showi current power of attorney) (title and organization of signatory) By: RELIANCE INSURANCE COMPANY FOUR PENN CENTER PLAZA (sign here) PHILADELPHIA, PA 19103 $ (print name here) (title and organization of signatory) (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.) (President and vice-president and secretary must sign for corporations. If only one officer signs, i corporation attach a resolution certified by the secretary or assistant secretary under corporate SI empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL I General Counsel Ib-4- Deputy General Counsel Faithful Performam W13P3 Rc warranty Bo t By:: 1 \ RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA ' POWER OF ATTORNEY o KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws 4 of Pennsylvania, does hereby make, constitute add appoint Lynda Y. Kingsley. J. Joe White. Donald E. Williams. H. Riley Holl Wright. Jr.. 6. W. Alexander. Michael D. Regan. E. J. Pennisi. Jr.. Michael B. Mattox.. individually, of Nashville, Tennessee, i lawful Attorney(s1-in-Fact, to make, execute, sed and deliver for and on its behalf, and as its act and deed any and all bonds and u of suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and u and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance This Power of Attorney is granted under and by authority of Article VI1 of the By-Laws of RELIANCE lNSURANCE COMF became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VI1 - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or As President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in- authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and ot obligatory in the nature thereof, and (b) to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority giv Attorney(s1-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts ( and other writings obligatory in the nature thereof. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial stat1 Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and%y authority of the following Resolution adopted by the Board of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and sei has not been amended or repealed: "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any si Power of Attorney or any certificates relating thereto by facsimile. and any such Power of Attorney or certificate bear such facsimile signatures or facsimile sed shall be valid and binding upon theFompany and any such Power so execul and certified by facsimile signatures and facsimile seal shall be valid and biqng upon the Company, in the future w 2. 3. respect to any bond or undertaking to which it is attached." i 0 IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presenls to be signed by its Vice President and its corporate seal to be hereto affixed, this 18 day of June, 1993 RELIANCE INSURANCE COMPANY b :@ a- I Vice President '-, - %.% f-3 T, STATE OF Pennsylvania "'%& u,~c*' COUNTY OF Philadelphia lss- On this 18 day of June, 1993 personally appeared Charles B. Schrnalz to me known to be the Vice President of the RELIANCE INSU foregoing instrument and affixed the seal of said corp-r Cornpeny,and the Resolution, set forth therem, are sttll i.*$Ap vo '%, IGQvIPANY, and acknowledged that he executed end attestec '''ajxl that Article "11, Section 1, 2, and 3 of the By-I - @& NOfARUL SEAL vii4M-W ".qQx u@0 8 L p1 - , (20 vm WORMAM. Noby PubtiC %z q cuy ol PhJadetPWi Phda. county \+oAkv# o $ Notary Public in and for State of Pennsylv I, Anita Zippert. Secretary of the RELIANCE INSURANCE 9 A&, d%&&by certify that the above and foregoing is a true anc of a Power of Attorney executed by said RELIANCE INSURAN PFwANY, which is still in full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of said Company this 12TH d Residing at Philadelphia Cumnnsm Ex res Nov. 18 1996 day of JANUARY 0 PA its @=J && I. .=\ w Secretary 't;\.;p.rc," k*& BDR-1431 Ed. 3)83 a Bond #B2364134 ACKNOWLEDGEMENT OF SURETY STATE OF TENNESSEE COUNTY OF DAVIDSON On this 12th day of January, 1994, before me personally comes B. W Alexander, Attorney-in-Fact of Reliance Insurance Company, wit whom I am personally acquainted and who, being by me, Lynda Y Kingsley, says that she resides in Nashville, Davidson County Tennessee, that she is the Attorney-in-Fact of Reliance Insuranc Company, the company described in and which executed the withi instrument; that she knows the corporate seal of such company; an that the seal affixed to the within instrument is such corporat seal and that it is affixed by order of the board of directors o said company, and that she signed the said instrument as Attorney in-Fact of the said company by like order, as her free an voluntary act for the uses and purposes therein set forth. 0 L-L 1 - L,/,X' / Lynd'a:&. Kings1 ,/ /'>Y\.- J,7,L//&? ZJ ~ /4.,L i iil=ij // Notary State a&arge J My commission expires July 27, 1996. 0 A.~.tlll•.CERTIFICATE OF INSURANCE ISSUE DATE (MM/DDIYY) o. MER·C REVISED CERTIFICATE CO TltENTAL I 5URANCE ROY L INS CO O' COMPANIES AFFORDING COVERAGE COMPANY ELETTER COMPANY CLETTER COMPANY ALETTER THIS CERTIFICATE IS ISSUED AS A MAnER 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. Incorpo 372 q U -RM TEC NOLOGIE INC. U OR SOUTHIlEST N TREET FE S RINGS,C'90670 COVERAGES THIS ISTOCERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURED PRODUCER ©ACORD CORPORATION 1990 TTACHED) POLICY EFFECTIVE POLICY EXPIRATION LIMITSDATE(MM/DDIYY)DATE(MM/DDIYY) '"~ GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL &ADV.INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED.EXPENSE (Anyone person) $ COMBINED SINGLE $LIMIT BODILY INJURY $(Per person) BODILY INJURY $(Per accident) PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ ':J STATUTORY LIMITS EACH ACCIDENT $ DISEASE·POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ AUTHORIZED REPRESENTATIVE I}I D./)/~ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE•t , EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR 1'0 MAIL DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. (SEE REV RSE A D OR OCCUR. CITY CLERK OF CA LSB D PAL WATER DIS RIe! C L8 U V L.AGE DR BAD,C~q OOB 989 CLAIMS MADE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM ••.....AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY OWNER'S &CONTRACTOR'S PROTo OTHER WORKER'S COMPENSATION AND EMPLOYERS'LIABILITY GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER ACORD 25-5 (7/90) B L~~TYPE OF INSURANCE t DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE #6880 ( CONTINUED) INSURED : INSITUFORM TECHNOLOGIES, INC. HOLDER : ATTN: CITY CLERK CITY OF CARLSBAD MUNICIPAL WATER DISTRICT 1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-1989 GENERAL LIABILITY POLICY CONTAINS BLANKET WAIVER OF SUBRGATION A BLANKET ADDITIONAL INSUREDS COVERAGES AS REQUIRED BY AGREEMENT, CONTRACT OR PERMIT AUTOMOBILE AND WORKERS COMPENSATION POLICIES CONTAINS BLANKET WA OF SUBROGATION COVERAGES AS REQUIRED BY AGREEMENT, CONTRACT OR P THE CITY OF CARLSBAD IS NAMED AS ADDITIONAL INSURED ON AUTOMOBIL COVERAGES CONTRACT #3426 - ROOSEVELT STREET SEWER MAIN REPAIRS FROM OAK TO GRAND AVENUES CARLSBAD, CA 0 PAGE: 2 OF 2 a IS endorsement is listed in the policy declarations, tt is in effect from the coverage under this policy commences Otherwise, the effective date of 5 endorsement is as shown below at the same tune or hour of the day as the policy became effective. COMPANY B ROYAL INSURANCE COMPANY OF AMERICA 6498900 Addl. D Ret 0 S-.-- PFKmJcER CODE - PREMlUM CoUNTERS'GNED By: AUTHORIZED REPRESENTATIVE POLICY EFFECTIVE DATE WCY EXPIRATION DP 03-01-93 03-01-94 ENWSEMENT(M0 DAY YR) POUCY SYMBOF 6 NO EFFECTIVE DATE 08-01-93 PSV 01 64 7C \- . 0 BLANKET WAIVER OF SUBROGATION IT IS AGREED THAT NOTWITHSTANDING ANYTHING TO BE CONTRARY IN CONDITION OF THE POLICY, ENTITLED "SUBROGATION", THE COMPANY IN TH EVENT OF' ANY PAYMENT UNDER THIS POLICY WAIVES THE RIGHT OF RECOVER AGAINST ANY PRINCIPAL FOR WHOM TKE INSURED IS OPERATING UNDER WRITTEN CONTRACT WHEN SUCH CONTRACT REQUIRES A WAIVER 0 0 SUBROGATION. HOWEVER, IT IS FURTHER AGREED THAT WORK COMMENCED UNDER LETTER 0 INTENT OR WORK ORDER, SUBJECT TO SUBSEQUENT REDUCTION TO WRITIN WITH CUSTOMERS WHOSE CUSTOMARY CONTRACTS WOULD REQUIRE A WAIVER WOULD ALSO FALL WITHIN THIS BLANKET WAIVER PROVISION. d 0 endorsement is Lsted in the polcy declarations, it IS in effect from the immve:age under this policy commences Otherwise, !he effective date of lhis endorsement IS as shown below at the same time or hour of the day as Ihe policy became effective. iWPANY fV?OWC€RCODE PqEMIUM CoUNTERS'GNED By: AUTHORIZED REPRESENTATIVE POUCY EFFECTIVE DATE POLICY EXPIRATON DA ENDORSEMENT fU0 DAY YR 1 POLICY SYMEOL 6 NO If this endorsement is listed in the policy declarations, it is in effect from the e coverage under this policy commences. Otherwise, the effective date of endorsement is as shown below at the same time or hour of the day as t e policy became effective. 9 COMPANY ROYAL INSURANCE COMPANY OF AMERICA PRODUCER CODE ' PREMIUM 6498900 Add'l. 0 Ret. 13 $JQ.,&.- CoUNTERS'GNED By: AUTHORIZED REPRESENTATIVE POLICY EXPIRATION C POLICY EFFECTIVE DATE 03-0 1 - 9 3 03-01-94 POLICY SYMBOL 8 NO ENDORSEMENT (MO.. DAY, YR.) EFFECTIVE DATE 08-01-93 PST 08 18 : .I * e BLANKET WAIVER OF SUBROGATION IT IS AGREED THAT NOTWITHSTANDING ANYTHING TO BE CONTRARY IN CONDITION OF THE POLICY , ENTITLED "SUBROGATION" , THE COMPANY IN TI EVENT OF ANY PAYMENT UNDER THIS POLICY WAIVES THE RIGHT OF RECOVE; AGAINST ANY PRINCIPAL FOR WHOM THE INSURED IS OPERATING UNDER WRITTEN CONTRACT WHEN SUCH CONTRACT REQUIRES A WAIVER ( SUBROGATION. HOWEVER, IT IS FURTHER AGREED THAT WORK COMMENCED UNDER LETTER 1 INTENT OR WORK ORDER, SUBJECT TO SUBSEQUENT REDUCTION TO WRITI: WITH CUSTOMERS WHOSE CUSTOMARY CONTRACTS WOULD REQUIRE A WAIVE. WOULD ALSO FALL WITHIN THIS BLANKET WAIVER PROVISION. 0 * d 0 WORKERS COMPENSATION AND EMPLOYERS ‘LIABILITY INSURANCE POLICY wc (1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We v force our right against the person or organization named in the Schedule. (This agreement applies only to that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while eng; work described in the Schedule. The additional premium for this endorsement shall be o/o of the California workers‘ compensatio otherwise due on such remuneration. m 5 Schedule Person or Organization Job Descriptioi aIf Any. AS required by written agreesent e .- .- *- !E != .- .- 1- .- .- .- .- I- .- a- *- 4- 0- 4- I- .- I- .- .- .- .- ,- .- .- .- This endorsement forms a part of the designated policy and applies, unless otherwise stated herein, as ( .- .- fective time and date of such policy. .- I- ~SSUEDTO INSITUFORM TECHNOLOGIES INC a- ,- .- POLICY NO 18W 887 3051 93K .- .- I. a- - .__ - BY THE CONTINENTAL INSURANCE COMPANY .- .- .- (Insert Name of Company) .- Y 11111 = 11111 z !- L 11/01 ,1993 AT 12:Ol A.M. 4- D i: $ EFFECTIVE !”. 3 := 2 :~s: BRANCH 1- 3 a- - OFFICE (Date) (Hour and Minute) .- - 4- - d .- * I- 0 a- z 0- g COUNTERSIGNED BY .- I- -. a- .. AUTHORIZED REPRESENTATIVE a- - .- - AGENT MARSH 8 MCLENNAN, INC. .- GENERAL OR AGENT BROKER WC 04 03 06 (ED. 4-84) (ADDRESSj 0 I, I1 II 11 11 I1 4 ID !I iB I 1 I I I B OPTIONAL ESCROW AGREEMENT FOR SURE" DEPOSITS IN LIEU OF RETENTION 5 This Escrow Agreement is made and entered into by and between the Carlsbad Municik Water District whose address is 5950 El Camino Real, Carlsbad, California 92OC hereinafter called "District" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agn as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of Califom Contractor has the option to deposit securities with Escrow Agent as a substitu for retention eamings required to be withheld by District pursuant to t€ Construction Contract entered into between the District and Contractor for ROOSEVELT STREET SEWER MAIN REPAIRS - CMWD PROJECT NO. 934 in the amount of dated (hereinafter referred to as the "Contract"). Alternative1 on written request of the Contractor, the District shall make payments of t€ retention earnings directly to the Escrow Agent. When Contractor deposits t€ Securities as a substitute for Contract earnings, the Escrow Agent shall not@ t€ District within ten (10) days of the deposit. The market value of the securities at tl time of the substitution shall be at least equal to the cash amount then required 1 be withheld as retention under the terms of the Contract between the District an Contractor. Securities shall be held in the name of Carlsbad Municipal Watc District and shall designate the Contractor as the beneficial owner. The District shall make progress payments to the Contractor for such funds whic otherwise would be withheld from progress payments pursuant to the Contrac provisions, provided that the Escrow Agent holds securities in the form and amour specified above. When the District makes payment of retentions earned directly to the Escrow Agen the Escrow Agent shall hold them for the benefit of the Contractor until such tim as the escrow created under this contract is terminated. The Contractor may direc the investment of the payments into securities. All terms and conditions of thi agreement and the rights and responsibilities of the parties shall be equally applicablc and binding when the District pays the Escrow Agent directly. 2. 3. 1 Escrow Agreement fa Surety Deposits i Lieu of Retentio 8/13/93 Rer t 8 1 I1 II il I1 il I ir 1 1 I I I 1 i ... I 4. Contractor shall be responsible for paying all fees for the expenses incurred Escrow Agent in administering the Escrow Account and all expenses of the Distri These expenses and payment terms shall be determined by the District, Contracl and Escrow Agent. The interest earned on the securities or the money market accounts held in escrc and all interest earned on that interest shall be for the sole account of Contract and shall be subject to withdrawal by Contractor at any time and from time to tir without notice to the District. Contractor shall have the right to withdraw all or any part of the principal in t Escrow Account only by written notice to Escrow Agent accompanied by writt authorization from District to the Escrow Agent that District consents to tl withdrawal of the amount sought to be withdrawn by Contractor. The District shall have a right to draw upon the securities in the event of default 1 the Contractor. Upon seven (7) days written notice to the Escrow Agent from tl District of the default, the Escrow Agent shall immediately convert the securities cash and shall distniute the cash as instructed by the District. Upon receipt of written notification fiom the District certifjing that the Contract final and complete, and that the Contractor has complied with all requirements ar procedures applicable to the Contract, Escrow Agent shall release to Contractor E securities and interest on deposit less escrow fees and charges of the Escrow Accoun The escrow shall be closed immediately upon disbursement of all monies an securities on deposit and payments of fees and charges. Escrow agent shall rely on the written notifications from the District and tl Contractor pursuant to Sections (4) to (6), inclusive, of this agreement and th District and Contractor shall hold Escrow Agent harmless from Escrow Agent release and disbursement of the securities and interest as set forth above. ‘c 5. 6. 7. 1 8. 9. ... ... ... ... ... ~ ... ... ... ... ... ... ... ... Escrow Agreement fo, Surety Deposits i~ Lieu of Retentbi Wl3t93 Rev t I1 I1 II II I1 II 10. The names of the persons who are authorized to give written notice or to recei! written notice on behalf of the District and on behalf of Contractor in connectic with the foregoing, and exemplars of their respective signatures are as follows: On behalf of District: On behalf of Contractor: c Title Title Name Name Signature Signature Address Address On behalf of Escrow Agent: il ll Title lb Name Signature i I 1 I 'I I I i ... i Address ... ... ... ... ... ... ... ... ... ... ... ... ... Escrow Agreement fc Surety Deposits Lieu of Retentic 8/13/93 Re t II I1 II I1 I il I I iD 1 1 1 1 I I I I At the time the Escrow Account is opened, the District and Contractor shall deliver to 1 Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their pro] officers on the date first set forth above. District: Contractor: '". Title Name I Name Title Signature Address Escrow Agreement fa Surety Deposits i Lieu of Retenth 8/13193 Ra t II u I II II I1 RELEASE FORM THIS FORM SHALL BE SUBMITTED AND APPROVED PRIOR TO APPROVAL i MONTHLY PROGRESS PAYMENTS NAME OF CONTRACTOR. PROJECT DESCRIPTI0N:CMWD PROJECT NO. 93-401 PERIOD WORK PERFORMED: The above-named Contractor hereby acknowledges upon payment in the full amoi specified all compensation of whatever nature due the Contractor for all labor and materi furnished and for all work performed on the above-referenced project €or the peri specified above with the exception of contract retention amounts and disputed work claims specifically shown below. RETENTION AMOUNT FOR THIS PERIOD: $ 'C ROOSEVELT STREET SEWER MAIN IWPAIRS U DISPUTED WORWCLAIMS AMOUNT CLAIME I1 DESCRIPTION OF DISPUTED WORWCLAIM /OR ESTIMATI The Contractor further expressly waives and releases any claim the Contractor may hac 111) of whatever type or nature, for the period specified which is not shown as disputc work/claim on this form. This release and waiver has been made voluntarily by Contract without any fraud, duress or undue influence by any person or entity. Contractor further certifies, warrants, and represents that all bills for labor, materials, ai work due Subcontractors for the specified period will be paid according to Public Contra Code Section 20104.50 and Business and Professions Code Section 7108.5 and that tl. parties signing below on behalf of Contractor have express authority to execute this releas DATED: I I I ;I I I I PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporatioi etc.) By: I Title: By: Title: Release Fon 8/13193 Re f I I II !E I1 I[ iE I SPECIAL PROVISIONS I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 1L 1-1 TERMS To Section 1-1, add: A. Reference to Drawings Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of Simili import are used, it shall be understood that reference is made to the plans accompanyi these provisions, unless stated otherwise. B. Directions: Where words "directed," "designated," "selected," or words of similar import are used, it shi be understood that the direction, designation or selection of the Engineer is intended, unle stated otherwise. The word "required" and words of similar import shall be understood mean "as required to properly complete the work as required and as approved by th District Engineer," unless stated otherwise. lp II C. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of similar imp0 are used, it shall be understood such words are followed by the expression "in the opinio 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 approva acceptance, or similar import of the District is intended. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at herbis expensi shall perform all operations, labor, tools and equipment, and further, including th furnishing and installing of materials that are indicated, specified or required to mean tha the Contractor, at herbis expense, shall furnish and install the work, complete in place an1 ready to use, including furnishing of necessary labor, materials, tools, equipment, an1 transportation. I I 11 1 t I I 1 Special Provision 8/13/93 Ro f II II 1 I - 1-2 DEFINITIONS Modify Section 1-2 as follows: Agency - the Carlsbad Municipal Water District, Carlsbad, California Engineer - the District Engineer for the Carlsbad Municipal Water District or his approvc 1c representative. 1 2-4 CONTRACI' BONDS 11 I Delete the third sentence of the first paragraph having to do with a surety being listed in tl latest revision of U.S. Department of Treasury Circular 570. Modify Paragraph three and four to read: The contractor shall provide a faithful performanceharranty bond and payment bond (lab and materials bond) for this contract. The faithful performanceharranty bond shall be the amount of 100 percent of the contract price and the payment bond shall be in tl amount of 50 percent of the contract price. Both bonds shall extend in full force and effe and be retained by the District during the course of this project until they are releasc according to the provisions of this section. The faithful performanceharranty bond will be reduced to 25 percent of original amou 35 days after recordation of the Notice of Completion and will remain in full force and effe for the one year warranty period and until all warranty repairs are completed to tl satisfaction of the District engineer. The payment bond shall be released six months plus 35 days after recordation of the Notic of Completion if all claims have been paid. Add the following: AU bonds are to be placed with a surety insurance carrier admitted and authorized transact the business of insurance in California and whose assets exceed their liabilities an amount equal to or in excess of the amount of the bond. The bonds are to contain tl II II II' !K IS 1 'I I I II) im I' following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorne by laws, or other instrument entitling or authorizing the person who executed tl bond to do so. A certified copy of the certificate of authority of the insurer issued by the insuranl Special Provisia 8/13/!33 Rc ' 0 2) If II I1 IC JI I1 I1 I1 commissioner. If the bid is accepted, the District may require a financial statement of the assets a~ liabilities of the insurer at the end of the quarter calendar year prior to 30 days ne preceding the date of execution of the bond. The financial statement shall be made by l officer's certificate as defined in Section 173 of the Corporations Code. In the case foreign insurer, the financial statement may be verified by the oath of the principal offic or manager residing within the United States. 'C 2-5 PLANS AND SPECTFICATIONS To Section 2-5.1, General, add: The specifications for the work include the and the Standai SDecifications for Public Works Construction, (SSPWC), 1991 Edition, and the late supplement, hereinafter designated "SSPWC', as issued by the Southern California Chaptc of the American Public Works Association, and as amended by the Special Provisioi section of this contract. The Construction Plans consist of 2 sheet(s) designated as Carlsbad Municipal Watc District Drawing No. 93401 . The standard drawings utilized for this project are tl - lp latest edition of the NIA JII' Copies of pertinent standard drawings are enclosed with these documents. To Section 2-5.3, Shop Drawings, add: Where installation of work is required in accordance with the product manufacture] direction, the Contractor shall obtain and distribute the necessary copies of such instructio including two (2) copies to the District. 2-5.4 Record Drawings: The Contractor shall provide and keep up-to-date a complete "as-built" record set ( transparent sepias, which shall be corrected daily and show every change from the origin; drawings and specifications and the exact "as-built" locations, sizes and kinds of equipmen underground piping, valves, and all other work not visible at surface grade. Prints for th purpose may be obtained from the City at cost. This set of drawings shall be kept on th job and shall be used only as a record set and shall be delivered to the Engineer up0 completion of the work. :It '1 I I I € l 1 Special Provisioi 8/13/93 Re P II II I I1 11 11 I1 II 1 3-5 DISPUTED WORK To Section 3-5, Disputed Work, add: All claims by the contractor for $375,000 or less shall be resolved in accordance with tl procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1 (commencing with Section 20104) which is set forth below: 5 ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS 0 20104. Application of article; inclusion of article in plans and specifications (a) (1) This article applies to all public works claims of three hundred seventy-fiy thousand dollars ($375,000) or less which arise between the contractor and a local agenc (2) This article shall not apply to any claims resulting from a contract between a contractc and a public agency when the public agency has elected to resolve any disputes pursuant Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) Tublic work" has the same meaning as in Sections 3100 and 3106 of the Civil Cod except that "public work" does not include any work or improvement contracted for by tl state or the Regents of the University of California. (2) "Claim'' means a separate demand by the contractor for (A) a time extension, (1 payment of money or damages arising from work done by or on behalf of the contract1 pursuant to the contract for a public work and payment of which is not otherwise express provided for or the claimant is not otherwise entitled to, or (C) an amount the payment which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans I 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. 0 20104.2. Claims; requirements; tort claims not covered by this article 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 tk claim. Claims must be filed on or before the date of final payment. Nothing in th subdivision is intended to extend the time limit or supersede notice requirements otherwi5 provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency sha Special Provisioi 8/13193 Re I' lb E b I1 I '1 I I I. 4 respond in writing to any written claim within 45 days of receipt of the claim, or ma request, in writing, within 30 days of receipt of the claim, any additional documentatio supporting the claim or relating to defenses to the claim the local agency may have again: the claimant. (2) If additional information is thereafter required, it shall be requested and provide pursuant to this subdivision, upon mutual agreement of the local agency and the claiman (3) The local agency’s written response to the claim, as further documented, shall b submitted to the claimant within 15 days after receipt of the further documentation c within a period of time no greater than that taken by the claimant in producing th additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to thre hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writin to all written claims within 60 days of receipt of the claim, or may request, in writing, withi 30 days of receipt of the claim, any additional documentation supporting the claim c 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 provide pursuant to this subdivision, upon mutual agreement of the local agency and the claiman (3) The local agency’s written response to the claim, as further documented, shall b submitted to the claimant within 30 days after receipt of the further documentation, c within a period of time no greater than that taken by the claimant in producing th additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails I respond within the time prescriied, the claimant may so not* the local agency, in writin; either within 15 days of receipt of the local agency’s response or within 15 days of the loci agency‘s failure to respond within the time prescribed, respectively, and demand an informi conference to meet and confer for settlement of the issues in dispute. Upon a demand, th local agency shall schedule a meet and confer conference within 30 days for settlement ( the dispute. (e) Following the meet and confer conference if the claim or any portion remains j dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Sectio 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 ( the Government Code. For purposes of those provisions, the running of the period of tim within which a claim must be filed shall be tolled from the time the claimant submits his c her written claim pursuant to subdivision (a) until the time that claim is denied as a resu of the meet and confer process, including any period of time utilized by the meet and conft process. Special Provisioi k 8/13/93 Re II If SI SI 11 It 5 I1 I1 lb 1 ;I[ :I ‘I :It I ( i I 4 (f) This article does not apply to tort claims and nothing in this article is intended nor sha be construed to change the time periods for filing tort claims or actions specified by Chaptt 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part of Division 3.6 of Title 1 of the Government Code. I1 1 !D II 11 to this article: 5 20104.4. Procedures for civil actions filed to resolve claims The following procedures are established for all civil actions filed to resolve claims subjec (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleading the court shall submit the matter to nonbinding mediation unless waived by mutui stipulation of both parties. The mediation process shall provide for the selection within 1 days by both parties of a disinterested third person as mediator, shall be commenced withj 30 days of the submittal, and shall be concluded within 15 days from the commenceme1 of the mediation unless a time requirement is extended upon a good cause showing to th court or by stipulation of both parties. If the parties fail to select a mediator within the l! day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitratio pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Cod of Civil Procedure, notwithstanding Section 1131.11 of that code. The Civil Discovery Ac of 1986 (Article 3 [commencing with Section 20161 of Chapter 3 of Title 3 of Part 4 of th Code of Civil Procedure) shall apply to any proceeding brought under this subdivisio consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitratoi appointed for purposes of this article shall be experienced in construction law, and, up0 stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonabl hourly rates of pay not to exceed their customary rate, and such fees and expenses shall b paid equally by the parties, except in the case of arbitration where the arbitrator, for goo cause, determines a different division. In no event shall these fees or expenses be paid b state or county funds. 1 1 ’’ ” lb !I .I ( f I I 1: iI (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of th Code of Civil Procedure any party who after receiving an arbitration award requests a triz de novo but does not obtain a more favorable judgment shall, in addition to payment c costs and fees under that chapter, pay the attorney’s fees of the other party arising out c trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in th mediation or arbitration process. R Special ProvisioE 8/13/93 Re I. If II 11 II II 11 111 lp 4-1 MATERIALS AND WORKMANSHIP ‘I :II :II I I I i 3 201041.6. Payment by local agency of undisputed portion of claim; interest on arbitrati award or judgment (a) No local agency shall fail to pay money as to any portion of a claim which is undisput except as otherwise provided in the contract. @) In any suit filed under Section 20104.4, the local agency shall pay interest at the lei rate on any arbitration award or judgment. The interest shall begin to accrue on the & the suit is filed in a court of law. 0 20104.8. Duration of article; application of article to contracts between Jan. 1,1991 a Jan.1, 1994 (a) This article shall remain is effect only until January 1, 1994, and as of that date repealed, unless a later enacted statue, which is enacted before January 1, 1994, deletes extends that date. (b) As stated in subdivision (c) of Section 20104, any contract entered into between Janua 1, 1991, and January 1, 1994, which is subject to this article shall incorporate this articlt To that end, these contracts shall be subject to this article even if this article is repealc g 111 pursuant to subdivision (a). To Section 4-1.3.1, Inspection Requirements, General, add: All work shall be under the observation of the Engineer or his appointed representatit The Engineer shall have free access to any or all parts of work at any time. Contract shall furnish Engineer with such information as may be necessary to keep herb fu informed regarding progress and manner of work and character of materials. Inspection work shall not relieve Contractor from any obligation to fulfill this Contract. Mod@ Section 4-1.4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency will bear the cost of testir materials and/or workmanship where the results of such tests meet or exceed tf requirements indicated in the Standard Specifications and the Special Provisions. The co of all other tests shall be borne by the Contractors. At the option of the Engineer, the source of supply of each of the materials shall t approved by him before the delivery is started. All materials proposed for use may t inspected or tested at any time during their preparation and use. If, after trial, it is foun that sources of supply which have been approved do not furnish a uniform product, or if tk product from any source proves unacceptable at any time, the Contractor shall furnia Special Provisioi W13t93 Re 1 _1 i. II Ii II 11 IK II d approved material from other approved sources. After improper storage, handling or ai other reason shall be rejected. All backfill and subgrade shall be compacted in accordance with the notes on the plans ai the SSPWC. Compaction tests may be made by the District and all costs for tests that me or exceed the requirements of the specifications shall be borne by the District. Said tests may be made at any place along the work as deemed necessary by the Enginec The costs of any retests made necessary by noncompliance with the specifications shall 1 borne by the Contractor. Add the following section: 4-1.7 NonconforminP Work The contractor shall remove and replace any work not conforming to the plans ( specifications upon written order by the Engineer. Any cost caused by reason of th nonconforming work shall be borne by the Contractor. 'C II 11 5-1 LOCATION Add the following: The City of Carlsbad and affected utility companies have, by a search of known record endeavored to locate and indicate on the Plans, all utilities which exist within the limits ( the work. However, the accuracy of completeness of the utilities indicated on the Plans not guaranteed. lP 'I II I I I i I 5-4 RELOCATION r Add: The temporary or permanent relocation or alteration of utilities, including servic connections, desired by the Contractor for hisher own convenience shall be the Contractor own responsibility, and he/she shall make all arrangements regarding such work at no co: to the District. If delays occur due to utilities relocations which were not shown on th Plans, it will be solely the District's option to extend the completion date. In order to minimize delays to the Contractor caused by failure of others to relocate utilitif which interfere with the construction, the Contractor, upon request to the District, may h permitted to temporarily omit the portion of work affected by the utility. The portion th; is omitted shall be constructed by the Contractor immediately following the relocation of th utility involved unless otherwise directed by the City. ' Special Provisioi 8/13/93 Re t I1 I1 II I1 I1 It II 1 6-1 CONSTRUCTION SCHEDULE Mode this section as follows: A construction schedule is to be submitted by the Contractor per the following: 'L 1. The prime contractor is required to prepare in advance and submit at tl time of the project preconstruction meeting a detailed critical path methc (CPM) proper schedule. This schedule is subject to the review and appro\ of the City. The schedule shall show a complete sequence of construction activitic identlfylng work for the complete project in addition to work requiriI separate stages, as well as any other logically grouped activities. The schedu shall indicate the early and late start, early and late finish, 50% and 90 completion, and any other major construction milestones, materials ai equipment manufacture and delivery, logic ties, float dates and duration. The prime contractor shall revise and resubmit for approval the schedule required by City when progress is not in compliance with the origin schedule. The prime contractor shall submit revised project schedules wi each and every application for monthly progress payment identifying chang since the previous version of the schedule. The schedule shall indicate estimated percentage of completion for each ite of work at each and every submission. The failure of the prime contractor to submit, maintain, or revise tl aforementioned schedule(s) shall enable City, at its sole election, to withho up to 10% of the monthly progress payment otherwise due and payable to tl contractor until the schedule has been submitted by the prime contractor a~ approved by City as to completeness and conformance with tl aforementioned provisions. No changes shall be made to the construction schedule without prior writtc approval of the Engineer. Any progress payments made after the schedulc completion date shall not constitute a waiver of this paragraph or ai 2. 1 3. P I 1 4. 5. I I 1 I I damages. Coordination with the respective utility company for removal or relocation I conflicting utilities shall be requirements prior to commencement of work 1 the Contractor. Special Provisio 't 8/13/93 Rt I 4 I1 I1 Ill II II I1 I II I 1 I ! II 1 I i 6-5 TERMINATION OF CONTRACT Add the following sentence to this section: Grounds for termination of the contract by the District include failure of the District ( Contractor to obtain necessary permits from other governmental agencies, or unreasonabl delay caused by enforcement of laws and regulations by other public agencies, including bi not limited to, enforcement of the Endangered Species Act and other similar laws. 'c 6-63 PAYMENT FOR DELAYS TO CONTRACTOR Add the following sentence to this section: The District shall not be liable for delay caused by the enforcement of laws and regulatioi by other public agencies, including but not limited to, enforcement of the Endangere Species Act and other similar laws. 6-7 TIME OF COMPLETION The Contractor shall begin work within 14 to Proceed" and shall diligently prosecute the work to completion within days after the date of the Notice to Proceed. To Section 6-7.2, Working Day, add: Hours of work - All work shall normally be performed between the hours of 7:oO a.m. an sunset, from Monday thru Friday. The contractor shall obtain the approval of the Enginec if he/she desires to work outside the hours state herein. Contractor may work during Saturdays and holidays only with the written permission of th Engineer. This written permission must be obtained at least 48 hours prior to such worl The Contractor shall pay the inspection costs of such work. calendar days after receipt of the 'Notic calende 11 lb 4 6-8 COMPLETION AND ACCEPTANCE Add the following: All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion and any faulty work or materials discovered during the guarantee period shall be repaire or replaced by the Contractor, at his expense. Twenty-five percent of the faithfi performance/warranty bond shall be retained as a warranty bond for the one year warrant period. D Special Provisior 8/13/93 Re t I1 I II I1 11 I ll 6-9 LIOUIDATED DAMAGES Modify this section as follows: If the completion date is not met, the contractor will be assessed the sum of $ 250 p day for each day beyond the completion date as liquidated damages for the delay. A progress payments made after the specified completion date shall not constitute a waiver this paragraph or of any damages. IC 7-3 LIABILITY INSURANCE Add the following: All insurance is to be placed with insurers that have rating in best’s Key Rating Guide of least A-:V and are authorized to conduct business in the state of California and are listt in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS’ COMPENSATION INSURANCE II Add the following: lw All insurance is to be placed with insurers that are authorized to conduct business in thc State of California and are listed in the official publication of the Department of Insurant of the State of California. Policies issued by the State Compensation Fund meet th requirement for workers’ compensation insurance. I 1 1 I II 7-5 PERMITS Modify the first sentence to read: The Agency shall obtain, at no cost to the Contractor, all encroachment, right-of-wa grading, and building permits necessary to perform work for this contract on District an City property, in street, highways (except State highway right-of-way), railways or othr :II rights-of-way. Add the following: Contractor shall secure and pay for all County or State permits, fees and licenses necessax for proper execution and completion of work as applicable at time of receipt of bids. Contractor shall not begin work until all permits incidental to the work are obtained. Contractor shall obtain approval for haul routes. Haul route approvals shall be issued b the City Engineer. a t Special Provisior 8/13193 Re u If I1 I! Ill I ll I1 1 !I 1 1 I I I 7-8 PROJECTS AND SITE MANAGEMENT To Section 7-8.1, Cleanup and Dust Control, add: Cleanup and dust control shall be executed even on weekends and other non-working dz y. I at the District’s request. Add the following to Section 7-8: 7-8.8 Noise Control All internal combustion engines used in the construction shall be equipped with muffle in good repair when in use on the project with special attention to City Noise ant1 Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY Add the following to Section 7-10.4, Public Safety: 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 WOI site and shall comply with all applicable provisions of Federal, State and Municipal safe laws and building codes to prevent accidents or injury to persons on, about, or adjacent 1 the premises where the work is being performed. He/she shall erect and properly mainta at all time, as required by the conditions and progress of the work, all necessary safeguarc for the protection of workers and public, and shall use danger signs warning against hazarc created by such features of construction as protruding nails, hoists, well holes, and falh materials. IP 1 7-13 LAWS TO BE OBSERVED I 1 Add the following: Municipal ordinances which affect this work include Chapter 11.06. Excavation and Gradin; If this notice specifies locations or possible materials, such as borrow pits or gravel bed for use in the proposed construction project which would be subject to Section 1601 a Section 1603 of the Fish and Game Code, such conditions or modifications establishel pursuant to Section 1601 of the Fish and Game Code shall become conditions of th contract. Special Provision 8/13P3 Re t II II I! I1 1 II I1 1 8 FACILITIES FOR AGENCY PERSONNEL Delete this section. 5 9-3 PAYMENT Modify &&ion 9-3.2, Partial and Final Payment, as follows: Delete the second sentence of the third paragraph having to do with reductions in amou of retention. 10 SUR'VEYING District Engineer will establish a system of surveyed horizontal control points at stations throughout the project and at each angle point location. The Contractor she establish all intermediate lines and grades through the use of appropriate equipment. Contractor shall preserve all surveyed control points. All expenses related to replacemen if any, of the preceding which have been disturbed or destroyed by Contractor shall be pal I for by Contractor. lr I Where bench marks or other permanent markers must be disturbed or removed ; constructing the Project, carefully preserve item until a reference has been made for i relocation, notify the District Engineer in sufficient time for item to be relocated withoi causing delay in the Work, and pay all costs related to such relocation. Notify Engineer well in advance of the date and location of Work, so that the permanei horizontal control to be furnished by the District Engineer may be established. The Contractor shall pay double time for survey work that he requests to be done prior i 7:OO a.m. or after 3:OO p.m. Monday through Friday, or on holidays or weekends. 'I I I 1 i I I 11 WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for water utilized during the constructio under this contract. The Contractor shall contact the Water District for requirements, phon (619) 438-2722 ext. 109. The Contractor shall include the cost of water and meter rent: within appropriate items of the proposal. No separate payment will be made. I 'I 12 STAGING AREA Location of staging area shall be as selected by the Contractor but subject to City approva No permits required. Special Pmvisior 8/13/93 Re f I1 II LIP II I 11 II I1 IP il il il I 'I I I I 1 The staging area may be placed in a pipeline easement or the Contractor may ma arrangements with an adjacent property owner for an appropriate site. Staging area may not be placed in or impact a public parking facility, may not be grade interfere with traffic, operation of a utility, impede drainage, or in anyway affc environmentally sensitive habitats or endangered species. Aside from arrangements made between the property owner and contractor, after work h been completed, the staging area shall be returned to its original condition includi necesmry hydroseeding to replace removed or damaged vegetation. No separate payment will be made for a staging area. 1c Special Provisio 8/13193 Rc I. 4 lis I1 I! I I1 - REVISIONS TO SPECIAL PROVISIONS 'I, 6-7 COMPLETION Section 6-72, Working Day, delete: Hours of work - All work shall normally be performed between the hours of 7:oO a.m. an sunset, from Monday thm Friday. To Section 6-72, Working Day, add: Hours of Work - All pipeline repair work shall normally be performed between the hou of 11:OO p.m., Saturday to 2:OO a.m., Monday. I1 II II 10 SURVEYING lb I I1 II 'I II I Delete this section. 11 WATER FOR CONSTRUCTION 1 Add this section: Contractor shad make a deposit for and obtain a construction meter for water utilized durir the construction under this contract ($550.00 deposit, $500.00 refundable after meter return All costs for water shall be paid for by the District. Phone (619) 438-2722 ext. 109 for meter information. 12 STAGING AREA Delete this section. il Revisions t Special Pravisiol 8/18/93 Re t 1 I1 II I II I1 II I, I1 ‘I I il I I I I TECHNICAL SPECIFICATIONS The work performed under this contract shall consist of providing traffic control conformance with approved traffic control plans and the cleaning and video inspection the existing 10 inch sewer main in Roosevelt Street between Oak and Grand Avenues. TI next phase of work will include the placement of a structural liner in discussed sewer mal the opening of manhole inverts and the connection of existing service laterals. All excc materials associated with the cleaning or lining process shall be disposed of by tl ‘c II Contractor at his expense. The Carlsbad ]Municipal Water District will perform, or arrange for all point repairs needl for the relining; process. A construction meter and all water needed for said lining pro= will be provided by the District at no cost to the Contractor. The limits, progression and phasing of work shall be generally as shown on the Ci approved traffic control plans. (Sheets 1 and 1 of plans.) Contractor shall provide and maintain for the duration of work two (2) each portable toile at locations to be determined by the District. 1. General!: These specifications cover the cured in place pipe (CIPP) structural lini~ process for existing sewer lines. The CIPP shall be inserted into existing pipe lines in an uncured condition ax thereafter cured using equipment and processes specifically designed to form a tig fitting, semi-rigid pipe-within-a-pipe. When curing has been accomplished, later connections shall be reestablished from within the newly formed cured-in-plac Insitupi,pe. Sewer mains to be repaired by the CIPP process shall be video inspected befo; lining aind after completed installation and reestablishment of laterals, if any. TI video inspection record shall be made available at no charge to the District for revie and fined acceptance of the project. Preparation: Sewer mains to be repaired shall be cleaned of all loose extraneot matter which will interfere with the rehabilitation process. Protruding laterals whic may interfere with the rehabilitation shall be removed by the District. Materials: Materials used shall be composites of a fiber felt tube system, a resj system and a catalyst system. a. 2. 3. - Fiber Felt Tube System: The felt tube shall be a thermoplastic polyester c acrylic needlefelt of five denier minimum with sufficient needling an crosslapping to yield an adequate burst strength in the transverse directia (hoop stress). The layer exposed to the effluent shall have polyurethane c Technical Specificatioi 9/7/93 Re t II I1 il I 11 1 I 1 c. 'Tensile Strength, ASTM D-638 (for pressure pipe only) 3,000 P :r I I I I poly-vinyl chloride bonded to it, normally 0.01 inch thickness and shall ' pinhole free (12 oz./sq. yd.). b. Resin Svstems: The resin shall be thermosetting polyester resin. The re: shall have sufficient thixotropic properties to have nondraining characteristi when impregnated into the felt tube and during the curing process. Catalvst Svstem: The catalyst system shall be compatible with the resin. T resin shall be catalyzed by the addition of sufficient catalyst to produce t physical properties in subsection below. '5 c. 4. Wet Out of Felt Tube: The Contractor shall designate a location where the felt tu will be vacuum impregnated prior to installation. The Contractor shall allow t Districl to inspect the material and wet out procedure. Phvsiail Prowrties: The cured-in-place reinforced thermosetting pipe shall have tl following minimum properties: 5. a. Flexural Strength, ASTM D-790 4,500 P b. Flexural Modules, ASTM D-790 250,000 P 6. Fim Desizn and Resin Selection: The Contractor shall determine the girth, lengl thickness and material composition of the pipe subject to the approval of tl Engineler. Felt Tube Restraint: The Contractor shall take the necessary precautions to preve the felt tube from extending into the next conduit in line. 7. 8. Sewage BvDass: Bypassing shall be the responsibility of the Contractor. TI Contractor shall submit to the Engineer for approval his method of bypassing sewag Service disruption shall be minimized. Traffic Control: Traffic control shall be the responsibility of the Contractor. Traff control shall be in conformance with City approved traffic control plans (Sheets 1 ar 9. I 2 of plans). 10. Curing:: The CIPP pipe shall be cured by a method which causes the liquid resin 1 become: a solid which will meet the physical properties specified. The Contractor w be responsible for determining when adequate curing has been accomplished to me1 I the required properties. 11. Lateral Manhole Connections: Lateral connections shall be reestablished by the u! of an internal cutting device from within the conduit. Technical Speclficatio 9nm RC 't I II I1 II II II II ID 11 I, !I 1 I il I It 1 1 1 - The reestablished lateral connection shall be approximately equal to 90% of tl original opening. The Contractor shall have a back-up cutting system on the site case of malfunction. Within the manhole, the CIPP pipe shall be neatly trimmed 1 within two inches of manhole wall. Pre and Post Rae Inswction: The Contractor shall provide a copy of the pre ar post video inspections of the pipe line and the video shall become the property of tl District * Restoration and Cleanup: The Contractor shall restore any damage in conformanc with the client requirements and shall maintain the project site in conformance wii the client requirements. Disposal of all refuse, excess materials and all othc substances, shall be in compliance with the City, County, State and Federal rule regulations and laws. Pavanexit: All the material and work specified shall be paid for on a linear foot t lump sum price as indicated in the bid schedule. !L 12. 13. 14 Technical Specificatio WP3 Rc t