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Layfield Environmental Systems Corporation; 2007-11-29; PWS07-30ENG
DOCtt 2010-0384061 HillRecording requested by: ) CITY OF CARLSBAD ) JUL 29, 2010 12:12 PM When rprordpd mail to- ^ OFFICIAL RECORDSvvnen recorded man to. SAN D|EGQ COUNTY RECORDER.S OFFICE ) DAVID L BUTLER, COUNTY RECORDERCity Clerk ) FEES: o.oo City of Carlsbad ) PAGES: 1200 Carlsbad Village Dr. ) Carlsbad, CA 92008 } Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on May 16, 2008. 6. The name of the contractor for such work of improvement is Layfield Environmental Systems Corporation. 7. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as Maerkle Reservoir Cover Inspection, Cleaning, Repair and Rainwater System Upgrade, Project No. 5005. CARLSBAD MUNICIPAL WATER DISTRICT ^GLENN P|KnJM Public WefKIDirector VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Municipal Water District, 1200 Carlsbad Village Drive, Carlsbad, California, 92009. The Executive Board of said District on Gfyuut^-. £~l , 2010, accepted the above described work as completed and ordered that a Notice of Com^ietioribailed. I declare under penalty of perjury that the foregoing is true and correct. Executed onCVajL. ,3.% 2010, at Carlsbad, California. 0 0 AB 722 CARLSBAD MUNICIPAL WATER DISTRICT RESO 1401 ISI CARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS, GENERAL, AND TECHNICAL PROVISIONS FOR MAERKLE RESERVOIR COVER INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 BID NO. PWS07-30ENG Revised 5/01/07 Contract No. 5005 Page 1 of 97 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 14 Bidder's Bond to Accompany Proposal 15 Guide for Completing the "Designation Of Subcontractors" Form 17 Designation of Subcontractor and Amount of Subcontractor's Bid Items 19 Bidder's Statement of Technical Ability and Experience 20 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 21 Bidder's Statement of Re Debarment 22 Bidder's Disclosure of Discipline Record 23 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 25 Contract Public Works 26 Labor and Materials Bond 32 Faithful Performance/Warranty Bond 34 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 36 Revised 5/01/07 Contract No. 5005 Page 2 of 97 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 39 1-2 Definitions 40 1-3 Abbreviations 44 1-4 Units of Measure 47 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 49 2-2 Assignment 49 2-3 Subcontracts 49 2-4 Contract Bonds 50 2-5 Plans and Specifications 51 2-6 Work to be Done 54 2-7 Subsurface Data 54 2-8 Right-of-Way 55 2-9 Surveying 55 2-10 Authority of Board and Engineer 59 2-11 Inspection 60 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 61 3-2 Changes Initiated by the Agency 61 3-3 Extra Work 62 3-4 Changed Conditions 65 3-5 Disputed Work 66 Section 4 Control of Materials 4-1 Materials and Workmanship 69 4-2 Materials Transportation, Handling and Storage 73 Section 5 Utilities 5-1 Location 73 5-2 Protection 73 5-3 Removal 74 5-4 Relocation 74 5-5 Delays 75 5-6 Cooperation 75 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 76 6-2 Prosecution of Work 80 6-3 Suspension of Work 81 6-4 Default by Contractor 81 6-5 Termination of Contract 82 6-6 Delays and Extensions of Time 82 6-7 Time of Completion 83 6-8 Completion, Acceptance, and Warranty 84 6-9 Liquidated Damages 84 6-10 Use of Improvement During Construction 85 Revised 5/01/07 Contract No. 5005 Page 3 of 97 Pages Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 8-1 Section 9 9-1 9-2 9-3 Responsibilities of the Contractor Contractor's Equipment and Facilities 85 Labor 85 Liability Insurance 86 Workers' Compensation Insurance 86 Permits 86 The Contractor's Representative 87 Cooperation and Collateral Work 87 Project Site Maintenance 87 Protection and Restoration of Existing Improvements 89 Public Convenience and Safety 90 Patent Fees or Royalties 93 Advertising 93 Laws to be Observed 93 Antitrust Claims 93 Facilities for Agency Personnel General 94 Measurement and Payment Measurement of Quantities for Unit Price Work 94 Lump Sum Work 94 Payment 94 TECHNICAL SPECIFICATIONS DIVISION 10-SPECIALTIES 10866 Floating Cover Cleaning, Inspection and Repair DIVISION 11 - EQUIPMENT 11866 Rainwater System Upgrade APPENDIX A - Maerkle Dam Reservoir Floating Cover Operation & Maintenance Manual Revised 5/01/07 Contract No. 5005 Page 4 of 97 Pages CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON AUGUST 7, 2007, the Carlsbad Municipal Water District (District) shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Maerkle Reservoir floating cover inspection, cleaning, repair and upgrade of the rainwater system that includes replacement of hoses and sump pumps. MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 BID NO. PWS07-30ENG INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the Carlsbad Municipal Water District and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water District or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the Carlsbad Municipal Water District on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Sections 2 & 3. 2006 Edition, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1 ) to the SSPWC do not apply. The Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. Revised 5/01/07 Contract No. 5005 Page 5 of 97 Pages BID DOCUMENTS The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $140,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: "A". Contractor must show at least three (3) projects of scope related to this project (i.e., floating cover inspection, cleaning, repair, etc.) in the last two (2) years in the Bidder's Statement of Technical Ability and Experience. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $15.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 5/01/07 Contract No. 5005 Page 6 of 97 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. REJECTION OF BIDS The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the District's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Revised 5/01/07 Contract No. 5005 Page 7 of 97 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the District until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the District may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The 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. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the District is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the District may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the Board of Directors of the Carlsbad Municipal Water District, California, by Resolution No. 1299, adopted on the 19th day of June, 2007. — . ^ une 22,2007 ""/Sherry Fr£isinger, DepCtV Clerk Publish: June 27, 2007 Revised 5/01/07 Contract No. 5005 Page 8 of 97 Pages CARLSBAD MUNICIPAL WATER DISTRICT MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 5005 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item No. 1 Description Perform floating cover inspection, cleaning, and all ated work at, SCHEDULE"A" Approximate Quantity Unit and Unit Price LS $ Total Dollars (Lump Slim) Perform and install flexible discharge hose, fittings, couplings, splices, and all related work at LS $_$38.016ei. Dollars (Lump Sum) Furnish and install sump pumps, brass check valve assemblies, float switches, sump wells, and all related .work at |M £(/ -mx> sufcjCf arvfi A: SEA ollars Eaeh-\c>V\. OPENED, WIINESSED AND DATE SIGNATURE Revised 5/01/07 Contract No. 5005 Page 9 of 97 Pages Item No. Description Perform all electrical work including furnishing and installing electrical equipment, control cabinet re-wiring, connection to pumps and switches, and all related work Approximate Quantity and Unit LS Unit Price $ Total $ v */ V* "? Dollars (Lump Sum) Perform floating cover re- inspection and all related work LS $$ ». c/ SuDollars (Lump Sum) Patch all holes in the floating cover and all related wotk at 100 Patches **$ Dollars-par Boioh S^ot^X^, t^^se. Total amount of bid in words: (n?/rW-etokr- Total amount of bid in numbers: $ the, Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). I _ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District, the District may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 33'74(V _ , classification /? _ which expires on 3/ Hoa an affidavit. , and that this statement is true and correct and has the legal effect of Revised 5/01/07 Contract No. 5005 Page 10 of 97 Pages License Detail Page 1 of2 California Home Tuesdav Aunust07 2007 License Detail Contractor License # 837614 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. . Per B&P7071.17. only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 08/07/2007 * * * Business Information * * * LAYFIELD ENVIRONMENTAL SYSTEMS CORPORATION 1166 FESLER STREET SUITE B EL CAJON, CA 92020 Business Phone Number: (619) 562-1200 Entity: Corporation Issue Date: 05/05/2004 Expire Date: 05/31/2008 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description ' ,A GENERAL ENGINEERING CONTRACTOR ; * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number OOBCSEM4389/7037335 in the amount of $12,500 with the bonding company HARTFORD FIRE INSURANCE COMPANY. Effective Date: 04/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL^): This license filed Bond of Qualifying Individual number OOBCSEM7747/7037343 for MARK ANTHONY DAVIS in the amount of $12,500 with the bonding company HARTFORD FIRE INSURANCE COMPANY. Effective Date: 03/14/2007 * * * Workers Compensation Information * * * This license has workers compensation insurance with the http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 08/07/2007 License Detail Page 2 of 2 ZURICH AMERICAN INSURANCE COMPANY Policy Number: WC524513203 Effective Date: 05/01/2007 Expire Date: 03/01/2008 Workers Compensation History * * * Miscellaneous Information * * * Date Description 06/27/2077 j CLASSES C15,C61(D-06)(D-12) REMOVED | Personnel List License Number Contractor Name Personnel Name Request Request Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 08/07/2007 A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Board member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is (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 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail Revised 5/01/07 Contract No. 5005 Page 11 of 97 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted 7 . (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of Cr* (4) Place of Business (Street and Number) City and State €[ Co^>^ CA •£' (5) Zip Code 92ozo _ Telephone No. (£/5£3. (2o<? (6) E-Mail r-f<x^ (or NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 5/01/07 Contract No. 5005 Page 12 of 97 Pages List below names of president, vice president, secretary and assistant secretary, if a corporation; if a f**** partnership, list names of all general partners, and managing partners: W- M _ \/. P fi/iQi/vce. Q-^4 AcW\\i5t/-d<(>iy V. P (ftAJLf~\ f\* C Revised 5/01/07 Contract No. 5005 Page 13 of 97 Pages BID SECURITY FORM (Check to Accompany Bid) MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the District, provided this proposal shall be accepted by the District through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the District if the undersigned shall withdraw his or her bid within the period of fifteen (15) 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 the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 5/01/07 Contract No. 5005 Page 14 of 97 Pages I K i BIDDER'S BOND TO ACCOMPANY PROPOSAL MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 KNOW ALL PERSONS BY THESE PRESENTS: That we.(jtyflfe7Js fMi&HlMWrtl>t£rfffl<> fegPas Principal, and as Surety are held and firmly bound unto the Carlsbad Municipal Water District, California, in an amount as foljows: (must be at least ten percent (10%) of the bid amount) _ /fi°A _ for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District.I i i i i i u"'%»'i I ^M^ Revised 5/01/07 Contract No. 5005 Page 15 of 97 Pages I I-w-I I I I I I I In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this L PRINCIPAL: +n* (print name here)//4y^/6rt-Dsysxn (print name here) LAyf(tf-b day of c (Title and Organization of Signatory) (sign here) (title and organization of signatory) .,20.5 Executed by SURETY this _ of ffUfeU^T , 20 01 . Hartford Fire. SURETY: |n6urtlnct C (name of Surety) Hertford (address of Surety) (telephonejjtmjber of Surety) By: rTOiorney ^>13<?b la day (printed name of Attorney-in-Fact) I I I I I I (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel i i Revised 5/01/07 Contract No. 5005 Page 16 of 97 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _j On i.\i personally before me, Date appeared Name and Title of Officer (e.g., /5a/ie Doe, Notary Public")''ir (e.g., XJa/ii • %. Name(s) of Signer(s) County 17.WI f Place Notary Seal Above personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES^my hand and official seal. Signature of Notary Public OPTIONAL Though the information below ;'s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): n Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact n Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here O 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Power for Axa Pacific Insurance Company | X | Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut | | Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana | | Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut | | Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut | | Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana | | Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois | | Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana | | Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of $10,000,000 (LIMITED TO Contract Surety Bid Bonds, Consent of Surety Letters and Letters of Reference): Bob Landy, Brian Logan of Vancouver, B.C. Canada their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ^, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT -w V ss. Hartford COUNTY OF HARTFORD J On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Scott E. Paseka Notary Public My Commission Expires October 31, 2007CERTIFICATE I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of ^ u g u s t ^4 2007 Signed and sealed at the City of Hartford. Gary W. Stumper, Assistant Vice President POA 2004 Company Profile Page 1 of 2 Company Profile HARTFORD FIRE INSURANCE COMPANY ""*"" HARTFORD PLAZA, HO-1 -09 HARTFORD, CT 06115 800-243-5860 Agent for Service of Process KAREN HARRIS, 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 19682 NAIC Group #: 0091 California Company ID #: 0085-1 Date authorized in California: January 07, 1870 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 08/22/2007 Company Profile Page 2 of 2 Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - July 27, 2007 11:17 AM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 08/22/2007 CONSENT FOR EXECUTION OF CONTRACT FOR CARLSBAD MUNICIPAL WATER DISTRICT, SAN DIEGO COUNTY, CALIFORNIA - MAERKLE RESERVOIR COVER INSPECTION, CLEANING, REPAm, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 FOR LAYFIELD ENVIRONMENTAL SYSTEMS CORPORATION The undersigned, being the Secretary and a Director of Layfield Environmental Systems Corporation, a Washington corporation (the "Corporation"), hereby waive all notices statutory and otherwise and authorize, consents to, and adopt the following resolutions in lieu of a special meeting of the Board of Directors, as authorized by RCW 23B.08.210, and the same shall be fully effective and valid as the action of the Board of Directors as though a meeting had, in fact, been held: RESOLVED, Gary Pinkerton, Secretary and Vice President, and Mark Davis, Registered Management employee and Operations Manager of the Corporation, are hereby authorized to sign and seal contract number 5005 with the Carlsbad Municipal Water District, San Diego County, California, for the Maerkle Reservoir Cover inspection, cleaning, repair and rainwater system upgrade (Bid No. PWS07-30ENG). Dated c^. J . 2007. :RTON, SECRETARY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California <""""> County On Date before me, personally appeared Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) IA ANNETTE SMITH Commlttton * 1739932 Notary Public • California San Dtego County MyCamm.e0W43rl7.2011 personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documen^ le or Type of Document:L- Document Date: (OJ^l J2-QO~?Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) CJaimed Signer's Name: up&AH D Jndividual IM Corporate Officer — Title(s);. D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ner(s) RIGHT THUMBPRINTOF SIGNER Top of thumb here Signer Is Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney 4n Fact D Trustee D Guardian or Conservator Q Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toil-Free 1-800-876-6827 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1 -2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. Items 2, 3 (sump pumps, etc.) and 4 (electrical work, etc.) are considered specialty items for the purpose of this contract and any subcontractors shall be listed. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the District of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 5/01/07 Contract No. 5005 Page 17 of 97 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the Board of Directors in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the Board of Directors shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 5/01/07 Contract No. 5005 Page 18 of 97 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID ITEMS (To Accompany Proposal) MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work f U Wvr . Subcontractor Name and ; Location of Business ; Subcontractor's License No. and Classification* jO 1 ^ PWWxY T^r 'PI (Ovbo CA H&Oo 391 J Amount of Work by Subcontractor in Dollars* ts.^a"- Page.pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 5/01/07 Contract No. 5005 Page 19 of 97 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skili. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract TypeofWoric Amount of Contract Ctty 7/2007 Caver € Li/f<>") I/A CO LA Pw Revised 5/01/07 Contract No. 5005 Page 20 of 97 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 5/01/07 Contract No. 5005 Page 21 of 97 Pages MARSH CERTIFICATE OF INSURANCE ^™T4~2 MARSH USA INC. THE FINANCIAL CENTER 1215 FOURTH AVENUE, SUITE 2300 SEATTLE, WA 98161-1095 Attn: Valerie Merry (206) 613-2568 767659-Envir-GAEWP-07-08 Al INSURED LAYFIELD ENVIRONMENTAL SYSTEMS CORP 1166 FESLERST, SUITE B EL CAJON, CA 92020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY A ZURICH AMERICAN INS CO COMPANY B N/A COMPANY c COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 2 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY)LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE j X OCCUR OWNER'S & CONTRACTOR'S PROT GLO5245130-03 05/01/07 03/01/08 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000 AUTOMOBILE LIABILITY BAP5245131-03 05/01/07 03/01/08 X COMBINED SINGLE LIMIT 1,000,000 ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS Auto Physical Damage BODILY INJURY (Per person) BODILY INJURY (Per accident) :omp/Coll Deductible $1,000 PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM OTHER THAN UMBRELLA FORM AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR; PARTNERS/EXECUTIVE OFFICERS ARE: INCL WC5245132-03 Including WA Stop Gap - $1,000,00(1) Each Accident/Policy Limit/Employe 05/01/07 03/01/08 v WC STATU-X TORY LIMITS OTH-ER EL EACH ACCIDENT 1,000,000 EL DISEASE-POLICY LIMIT EL DISEASE-EACH EMPLOYEE 1,000,000 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS The City of Carlsbad, its officials, employees and volunteers are named as additional insured as respects general liability as required by written contract. CERTIFICATE HOLDER City of Carlsbad Public Works Purchasing Department Attn: Kevin Davis 1635 Faradat Avenue Carlsbad, CA 92008-7314 CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 3D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Edward M. Belsky MM1(3/02)VALID AS OF-10/09/07 Additional Insured - Automatic - Owners, Lessees Or Contractors Broad Form ZURICH t Ptf&y Ho Add'l Press s/r|GLO5^5BG-b3 05/01/0?03/01/08 85/01/07 73797 _J THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. This endorsement modifies insumace provided under the: Commercial Cemial Liability Coverage Part A. WHO IS AN INSURED (Settfoa II) is amended to iachate as an inured say person or or gaoisatiorj wtom you to M*3 as asi addtooaal irts«red on this poUcy «ada- a ««ti«i 8. The mn*a«ss provsied ).o ad^iiiom! insunsds S3pj3ii.cs only to "botfcSy tnjisy, "ptxipaiy (fetmgsf or *jier advertising injury" cohered ir.der Setoon I, Covesap A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and GmvqpB, FSRSONAL A3SD AOVBRTISING IN^JRY LL4BILIW, but only if ^" r«;df.s ftxmyow neg^getiee, ax«l "{jersoasS sad advertisitiga^ury* results dirK:%fratn iri the "pro^cts-conipleted opes^ticsris hazard", 5 The "bodily injury" or "jarsjjierty 2 "njfiliodslyinjXKy, "property a. Vow cttgou)g operations; or b. "Tour work" compieted as i performed for aje adc&usaa J insured, which is the subject of fee •ssntteci C. However., reprdtes of tie |sr oviaom of patxagrapte A aid 8 above a. Hat is not- provided to you in tte pdicy, or fc "Oat is asy broker cov^sgeftjars youarereauffed to prwute to tbeadiSkonat msurstJ person written conliac); orwrittsri agreanm, sad stics; HI the 2. We vjt¬ provide Uaait5 of kis>ra«£et0ari>vat5d&osa! nsar'ed person or orgarmUonlijat asccedthelowtirof a Tilt LasAs of Itmrsjic»|»oviijed to you as lias poSoy, or b, Tiie Locals of Imxraateyou are required to prcmde ia Use vsdtm cotitract cr vaistenagrestnenL D. TtieiriK'aatxe pexmded to SieadiSJjanai insunsd parson w organisation docs nclapply to: 1. "Bodily injury", "property damage" or "-personal asid adverleiag iajiuy* thai results solely from oe^igmce of tie d; or Icf2 2 "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engneering or surveying services including: a. The preparing, approving or failingto prepare or approve maps, shop drawings, opirions.reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that mayresult in a claim: 2. We receive written notice of a claim or "suit" as soonas practicable; and 3. A request for defense and indemnity of the claim or "suif will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we wil not seek contribution from any other insurance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you fir the same operations and job location. Then we will share with that other insurance by the method described in paragraph 4jc of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. U-GL-1175-A CWC9AB) Page 2 of 2 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: By:. (name of Contractor) (sign here) (print name/title) Page of pages of this Re Debarment form Revised 5/01/07 Contract No. 5005 Page 22 of 97 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? y yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) . . Page / of ' pages of this Disclosure of Discipline form Revised 5/01/07 Contract No. 5005 Page 23 of 97 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Corp (name of Contractor) By: (sign here) (print name/title) Page of pages of this Disclosure of Discipline form Revised 5/01/07 Contract No. 5005 Page 24 of 97 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 State of California Gointy of ) ss. and says that he or she is of _, being first duly sworn, deposes (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the <3 7 day of /yg^*» T Subscribed and sworn to before me on the (NOTARY SEAL) Signature of Notary Revised 5/01/07 Contract No. 5005 Page 25 of 97 Pages CALIFORNIA JURAT WITH AFFIANT STATEMENT State of California County of \.^ V>ss. H See Attached Document (Notary to cross out lines 1-6 below) D See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Noffliy PuMIc • CoWofnlo Son Otogo County Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this Name of Signer [HiPersonally known to me D Proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) .^^XSme of Signer D PersonallyknOwn to me D Provejd^o me^pn the basis of satisfactory evidence the pe^on who appeared before me.) OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document RIGHT THUMBPRINT OF SIGNER #1 Top of thumb here Title or Type of Document. Document Date:. Number of Pages:. Signer(s) Other Than Named Above: RIGHT THUMBPRIN1 OF SIGNER #2 Top of thumb here ©2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder. Call Toll-Free 1 -800-876-6827 of Carlsbad Public Works - Contract Administration July 25, 2007 ADDENDUM NO. 1 RE: MAERKLE RESERVOIR COVER INSPECTION CLEANING, REPAIR & RAINWATER SYSTEM UPGRADE BID NO. PWS07-30ENG, CONTRACT NO. 5005 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer Attachment ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-4677 • FAX (76O) 602-8562 CARLSBAD MUNICIPAL WATER DISTRICT MAERKLE RESERVOIR COVER INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE Contract No. 5005 Addendum No. 1 From: Eva Plajzer, Project Manager Phone: (760)602-2787 Fax: (760) 602-8562 Date: July 24, 2007 Bid Opening Date: August 7, 2007, 2:00 pm General Provisions Section 6-7.1 General. Add the following: The contractor shall provide the Agency documentation showing that the necessary equipment and staffing levels are available to complete the work within the 20 working days a minimum of 5 working days before work shall commence. Section 6-9 Liquidated Damages. Add the following: Delays by the contractor could impact the operation of the water system that the reservoir supplies. If the Agency is required to purchase water from other sources, rent pumps, or perform other activities to maintain water supply because of contractor's failure to complete the work, the contractor shall reimburse the agency for the additional costs to maintain the water supply. Technical Specifications Remove Section 10866 - Floating Cover Cleaning, Inspection, and Repair and replace with the attached revised Section 10866. Remove Section 11866 - Reservoir Cover Rainwater System and replace with the attached revised Section 11866. SECTION 10866 FLOATING COVER CLEANING, INSPECTION, AND REPAIR TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.01 Description This Specification presents the procedures, required materials, and general requirements for performing the cleaning, inspection, and repair of the Maerkle Reservoir Floating Cover. Contractor shall provide all required labor, materials, and equipment necessary to perform the following work: • Cover Cleaning and Inspection. Contractor shall clean the cover thoroughly with water and inspect the cover including the troughs and sumps. • Rainwater Trough Cleaning and Flushing. Contractor shall remove debris and clean rainwater troughs and pump sumps. The troughs shall also be flushed. • Cover Patching. Contractor shall patch any holes or tears found during the above tasks. The patching shall be performed by a technician certified by the cover manufacturer, with a minimum of two years experience patching polypropylene floating covers. All work must be scheduled with the District in advance. Prior to the start of any work, the District will require Contractor to submit qualifications and certifications for Contractor's personnel with said submittals. Contractor shall follow all precautions detailed in the O&M Manual (see Section 1.02) and these Specifications to protect the cover from damage while performing the work. Any damage caused by the Contractor shall be repaired by the Contractor at no cost to the District. 1.02 Reference Manual The specific details of the cleaning, inspection, and repair of the floating cover are included within the Maerkle Dam Reservoir Floating Cover Operation and Maintenance Manual (O&M Manual). O&M Manual is included with this specification. 1.03 Pumping Requirements Contractor shall provide sump pump(s) to evacuate excess cleaning water from the cover. Use of the floating cover rainwater system pumps will not be allowed. However, Contractor may connect to the rainwater system flexible hose. Contractor may also utilize the 240 volt (single phase) outlets on the floating junction boxes, provided Contractor's pumps do not exceed 20 amps. 5/01/07 FLOATING COVER CLEANING, INSPECTION, AND REPAIR MAERKLE RESERVOIR FLOATING COVER 10866-1 CLEANING/INSPECTION/REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 CMWD does not make any guaranties that the discharge hoses or any other CMWD supplied facilities will be functioning. If not functioning, contractor to provide at his cost. 1.04 Submittals A. Contractor shall submit to the District certification for all personnel who will perform cover patching work. B. Contractor shall also submit a cleaning and inspection plan to the District which shall include the qualifications of the crew and a detailed step-by-step work sequence and schedule. 1.05 Reservoir Water Level CMWD does not make any guaranties as to the water level in the reservoir during performance of this work. PART 2 - MATERIALS All cleaning and patching materials used shall strictly adhere to the manufacturer's recommendations and the O&M Manual. PART 3 - EXECUTION 3.01 General Cover cleaning, inspection, and repair shall conform to the requirements of the O&M Manual and this Specification. Contractor shall take care to protect the cover from damage while performing work on or under the floating cover. Contractor's personnel shall be instructed as follows: • Only soft rubber-soled shoes shall be worn on the cover. Shoes shall be inspected for debris (rocks, glass, thorns, etc.) prior to entering the cover. • All equipment, such as pumps, vacuums, blowers, toolboxes, etc., shall have padded areas to rest on. Padding shall be of adequate quality and thickness (per the cover manufacturer's recommendation) to protect the cover from damage or puncture. • Existing rainwater sump pumps shall not be used by Contractor; however, the rainwater system discharge hose and power supply (240 volt, single phase, 20 amps maximum) may be used. • Holes, tears, and any irregularities in the cover shall be documented in Contractor's daily logs (see Section 3.07 of this Specification). • Entering and exiting the cover (foot traffic) shall only be allowed on the padded stairways. 5/01/07 FLOATING COVER CLEANING, INSPECTION, AND REPAIR MAERKLE RESERVOIR FLOATING COVER 10866-2 CLEANING/INSPECTION/REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 3.02 Changes to O&M Manual • The floating cover shall not be inflated for this work. • It is not necessary to bristle wash the sides; only water shall be used to wash dirt and debris from the sides toward the bottom of the cover. • Dirt and debris at the top edge and one foot down of the cover shall be vacuumed prior to cover cleaning. 3.03 Coordination If possible, the District will coordinate the work with times of low water levels in the reservoir; therefore, Contractor shall perform the work when directed by the District. The District will provide the Contractor with dates in which the work can be performed. Contractor shall commit to a firm date no less than two weeks prior to starting the work. 3.04 Cover re-inspection The re-inspection of the reservoir shall be performed when the water level is at least at the point or above the level of the initial inspection. 3.03 Cleaning and Inspection Contractor shall strictly adhere to the O&M Manual for proper cleaning of the entire cover, including the troughs. Contractor shall provide his own sump pumps. The entire cover shall be inspected in strict accordance with the O&M Manual during the cleaning process. 3.04 Rainwater Trough Cleaning and Flushing Contractor shall remove all leaves, trash, and debris from the rainwater troughs and sump pump wells. Troughs and wells shall be thoroughly cleaned and flushed in accordance with the O&M Manual. 3.05 Re-Inspection After all cleaning and rainwater system upgrade (see Section 11866) work has been completed, Contractor shall re-inspect entire cover for holes and damage. 3.06 Cover Patching Contractor shall patch all holes and tears found during the cleaning and inspection work in accordance with the O&M Manual. 5/01/07 FLOATING COVER CLEANING, INSPECTION, AND REPAIR MAERKLE RESERVOIR FLOATING COVER 10866-3 CLEANING/INSPECTION/REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 Personnel performing the patching work shall be certified by JPS Elastomerics or Stevens Geomembers in patching polypropylene covers, and shall have a minimum of two years experience in same. 3.07 Reporting A. Contractor shall submit daily cleaning and inspection logs to the District for the duration of the work. Inspection reports shall include a description of holes and damage requiring patches. B. Upon completion of cover cleaning, inspection, and repair, Contractor shall submit a report detailing any irregularities and documenting all work performed. 5/01/07 FLOATING COVER CLEANING, INSPECTION, AND REPAIR MAERKLE RESERVOIR FLOATING COVER 10866-4 CLEANING/INSPECTION/REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 "•>**»»•• SECTION 11866 RESERVOIR COVER RAINWATER SYSTEM TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.01 General Description This Specification presents the procedures, required materials, and general requirements for performing the upgrade of the Maerkle Reservoir Rainwater System. In addition to these Specifications, Contractor shall reference the Construction Drawings titled Maerkle Reservoir Rainwater System Upgrade for details on the rainwater system work. Contractor shall provide all required labor, materials, and equipment necessary to upgrade the Maerkle Reservoir Cover Rainwater System in accordance with these Specifications and the Maerkle Reservoir Cover Rainwater System Upgrade Drawings (Construction Drawings). 1.02 References Publications listed below form part of this Specification to extent referenced in the text by basic designation only. The latest edition of publication governs unless otherwise noted. A. ANSI American National Standards Institute B. ASTM American Society for Testing and Materials C. NEC National Electric Code D. NEMA National Electrical Manufacturers Association E. MIL-C Military Specification 1.03 Special Conditions Contractor shall follow all precautions detailed in the Maerkle Dam Reservoir Floating Cover Operation and Maintenance Manual (O&M Manual) and these Specifications to protect the cover from damage while performing the work. Any damage caused by the Contractor shall be repaired by the Contractor at no cost to the District. Repairs shall be completed within two weeks of damage being discovered. 1.04 System Upgrade Description Portions of the existing rainwater system shall be removed, replaced, and upgraded with new equipment and materials as specified herein and as shown on the Construction Drawings. 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 11866-1 INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 The principle items of equipment and material to be removed and replaced are eight sump wells, eight sump pumps and appurtenances, and approximately 2,000' of flexible hose and associated fittings/couplings. In addition, four control panels for the sump pumps (two pumps are controlled from each panel) shall be upgraded. When work is complete, the rainwater system shall be a complete and working system thatperforms as specifiedjberein. 1.05 Submittals A. Product Data and Shop Drawings 1. Prior to commencing construction, Contractor shall submit 6 copies of submittal data for all proposed material and equipment to the District for review and approval. 2. As a minimum, submittals shall include product data and shop drawings for the following: submersible pumping units, float switches, well sumps, check valves, piping, flexible hose, and electrical materials. 3. Product data shall include catalog cut sheets reflecting characteristics, performance specifications, and selected options for proposed equipment and appurtenances. 4. Shop drawings shall be provided for sump wells showing dimensions, float switch mounting, and detailing materials and equipment included in construction. 5. Shop drawings shall also include sump pump control wiring diagrams and interconnection diagrams for the control panel, submersible pumping units, and float switches. 6. Shop drawings of discharge piping assembly and hose splices shall also be submitted. 1.06 Mode of Operation When upgrades are complete, the rainwater system shall operate as follows: • Each sump pump operates independent from the other sump pumps. • Rainwater level rises to high water level (HWL) and the pump starts. A delay timer also starts. • When water level is pumped down to low water level (LWL), the pump stops and the timer continues, unless already timed out. If the timer times out prior to water level reaching LWL, pump will continue to run until LWL is reached. 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 11866-2 INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 • When the water level rises to HWL again, the pump and timer restart as long as the timer has timed out. If the timer has not timed out, the pump will not restart until timer times out. • The rainwater is pumped from the sump wells to the storm drain collector through the flexible discharge hose. 1.07 Temporary Rainwater Evacuation If there is a prediction of 40 percent chance of rain, a temporary rainwater removal system shall be in place a minimum of 24 hours before predicted rain event. The contractor shall remove all rainwater from the cover during and after each rain event. 1.08 Reservoir Water Level CMWD does not make any guaranties as to the water level in the reservoir during installation of these facilities. PART 2 - PRODUCTS 2.01 Flexible Discharge Hose A. Flexible discharge hose shall be EPDM rubber material with a polyethylene helix specifically designed for use as suction and discharge hose. The hose shall have a corrugated exterior and a smooth wall interior. The minimum 68° F working pressure rating shall be 45 psi for 3" diameter hose and 40 psi for 4" diameter hose. The minimum recommended bend radius shall be 17". Hose shall be supplied with a minimum continuous length of 100 feet. The flexible discharge hose shall be Spiralite 2000 as manufactured by Pacific Echo, Inc., Series TG 'Tiger Green" EPDM suction and discharge hose as manufactured by Kuriyama Corporation, or approved equal. B. Flexible Discharge Hose Splicing Flexible discharge hose splices shall be limited to pump tie-ins, junctions, and 100' lengths. Contractor shall strictly adhere to the typical flexible discharge hose splice detail, sump pump tie-ins details, and hose connection detail as shown on Sheet M-1 of the Construction Drawings and the appropriate sections of the Specifications. 2.02 Copper Tubing A. Copper tubing and fittings shall conform to the requirements of ASTM B 88 Type K or ASTM B 88 M (Metric) Type A seamless copper water tube. Copper tubing shall be rigid. 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 11866-3 INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 B. All copper tubing and fitting joints shall be soldered per manufacturer's recommendations. Tubing shall be cut true and square and burrs shall be removed. 2.03 Threaded Brass Pipe, Nipples, and Fittings --------- Threaded brass pipe, nipples, and fittings shall conform to ASTM B 43, regular wall thickness. Threads shall conform to ANSI B1.20.1. 2.04 Check Valves Check valves shall be inline type with a bronze body and female NPT threaded inlet and outlet. All hardware shall be stainless steel and the disc seal shall be BUNA-N or neoprene rubber. The working pressure rating shall be 250 WOG. The maximum pressure required to open the valve shall be 0.5 psi. Provide a Model T-480 bronze ring check valve as manufactured by Nieco, Inc. or approved equal. 2.05 Cam and Groove Couplings Contractor shall provide aluminum cam and groove couplings with 316 stainless steel hardware as shown on the Construction Drawings. Couplers shall all be of a single manufacturer and manufactured to interchange with all products manufactured to MIL-C- 27487F. 2.06 Sump Pumps A. General * Pumps shall be of the vertical, non-clog, single suction, centrifugal type, rated for continuous duty in a sump well environment and shall have a solid handling capability of up to 3/4" minimum. Pumps shall be Goulds Pumps, Model 3885, WE submersible effluent pump(s), 1 hp, 1 phase, 230 volts, 60 Hz, pump(s) rated for 50 gpm, at 52 ft. Total Dynamic Head. Provide Goulds Pumps, Order No. WE1012 H, no substitutes. B. Power Cable Contractor shall field measure for required power cord length prior to ordering sump pumps. The power cable shall be sealed at the motor end as it enters the motor casing by a two part barrier to moisture intrusion. The first line of defense shall be the compression of the oil and chemical resistant grommet which shall seal the outer jacket of the power cord. In the event that the outer jacket of the power cord should become damaged, then the second line of defense shall be the epoxy poured isolated conductors within the jacketed cable itself. The insulation shall be removed from the individual conductors and the epoxy shall be allowed to form a leak-proof seal against wicking of the power cable between the outer jacket and the insulation of the individual conductors. The outer jacket of the power cord 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 1 1 866-4 INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 shall be oil resistant and water resistant. The power cable shall be rated for NEC service "S". 2.07 Float Switch Assembly Contractor shall provide a float switch assembly specifically for a sump pump operation. The switch and switch enclosure shall be mounted above the sump (out of the water) and the float and associated mechanism shall extend to the high and low water level to actuate the switch, as shown on Sheet M-1 of the Construction Drawings. The switch shall be designed to close on high water level and remain closed until the float falls to low water level. The float switch shall be housed in a NEMA 4 enclosure. Switch contacts shall be rated for 115/230 volt single phase operation. The float and associated mechanism shall be stainless steel. Float switch, float, and associated mechanism shall be manufactured by a single manufacturer. Provide a Model 840-A4 float switch and an 840-8A4 double parallel arm switch mechanism and float, as manufactured by Allen Bradley, or approved equal. 2.08 Relays Control relays shall be rated 120VAC with minimum 10A contacts, unless otherwise noted on the Drawings. All control relays and relay timers shall be DIN rail mounted, with instantaneous reversible contacts, 8 or 11 pin base type only. PART 3 - EXECUTION 3.01 General Installation of all equipment and appurtenances shall conform to the requirements of the manufacturer's specifications and installation instructions. When code requirements apply to installation of materials and equipment, the more stringent requirements, code, or manufacturer's specifications and installation instructions shall govern the work. 3.02 Cover Protection Contractor shall take care to protect the cover from damage while performing work on the floating cover. Contractor's personnel shall be instructed as follows: • Only soft rubber-soled shoes shall be worn on the cover. Shoes shall be inspected for debris (rocks, glass, thorns, etc.) prior to entering the cover. • All equipment, such as pumps, toolboxes, etc., shall have padded areas to rest on. Padding shall be of adequate quality and thickness (per manufacturer's recommendation) to protect the cover from damage or punctures. • Holes, tears, and any irregularities in the cover shall be reported to the District immediately. • Entering and exiting the cover (foot traffic) shall only be allowed on the padded stairways. 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 11866-5 INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 3.03 Coordination The Construction Drawings show in a diagrammatic form the arrangements desired for the principal equipment, flexible discharge hose, and similar appurtenances, and shall be followed as closely as possible. Proper judgment must be exercised in carrying out „ tbe_ work to. secure nej^ax^^ementjpfjTOse, valves, pump splices, and similar appurtenances, and to overcome locaf difficulties wherever encountered. The Contractor shall take all measurements for his work at the installation sites and be responsible for the proper installation, within the available space for the equipment and material specified and shownTon theTCohsTfu^orrDrawTrTgsr^ approval of the District for any variations before making any changes. 3.04 Inspection Inspect each item of equipment for damage, defects, completeness, and correct operation before installing. Inspect previously installed related work and verify that it is ready for installation of the equipment. 3.05 Preparation Prior to installing equipment, ensure that installation areas are clean and proper care is taken to protect the floating cover from damage. Maintain the areas in a broom-clean condition during installation operations. Contractor shall review the Maerkle Dam Reservoir Floating Cover Operation and Maintenance Manual (O&M Manual). All Contractor personnel must strictly adhere to all safety and precautionary procedures required by said manual. 3.06 Workmanship A. Preparation, handling, and installation shall be in accordance with manufacturer's written instructions and technical data particular to the product specified and/or approved, except as otherwise specified. B. Electrical work shall conform to the National Electrical Contractor's Association Standard of Installation for general installation practice. 3.07 Equipment Installation Contractor shall conform to reviewed Instruction Manuals, employ skilled craftsmen experienced in installation of the types of equipment specified, use specialized tools and equipment as applicable, and produce acceptable installations free of defects. 3.08 Testing All sump pumps, sump pump controls, and flexible discharge hose shall be tested to operate to the District's satisfaction, prior to completion of work. Hoses shall be completely free of visible leaks. Pumps and controls shall operate as described in Section 1.06 of this Specification. 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 11866-6 INSPECTION, CLEANING. REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 3.09 Continuation of Work If work commences on any element of the rainwater system installation, that element shall be completed before a new element is initiated. Piecemeal installation shall not be undertaken. 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 11866-7 INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 CONTRACT PUBLIC WORKS This agreement is made this ca? ?$> day of y'fT^w^n^' , 2007, by and between the Carlsbad Municipal 'Water District of the" City of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and LAYFIELD ENVIRONMENTAL SYSTEMS CORPORATION whose principal place of business is 1166 Fesler Street Suite B El Caion CA 92020 (hereinafter called "Contractor"). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the District will be the interpreter of the intent of the Contract Documents, and the District's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, District shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The District shall withhold retention as required by Public Contract Code Section 9203. Revised 5/01/07 Contract No. 5005 Page 26 of 97 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by District about underground conditions or other job conditions is for Contractor's convenience only, and District does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by District. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify District, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between District and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised 5/01/07 Contract No. 5005 Page 27 of 97 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City of Carlsbad's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the District or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the District. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The District, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. Revised 5/01/07 Contract No. 5005 Page 28 of 97 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the District, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the District by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the District or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the District and are to be received and approved by the District before the Contract is executed by the District. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Revised 5/01/07 Contract No. 5005 Page 29 of 97 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the Carlsbad Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debamnent proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the District, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the District by certified letter accompanying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the District to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the District may be substituted for monies withheld to ensure performance under this Contract. Revised 5/01/07 Contract No. 5005 Page 30 of 97 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL General Counsel Deputy General Counsel Revised 5/01/07 Contract No. 5005 Page 31 of 97 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of X, On V (b \ £T V * Date personally appeared r (e.o_ "Jane Doe, NotaiVPublic")/ ! (<rM^I ./S T/ Name(s) of Signer(s) CammiMon* 1739932 Notary Pub*;-CaWomka tan Otogo County Place Notary Seal Above l*fper!personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS nrty hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — CD Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb hero © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 31 3-2402 Item No. 5907 Reorder: Call Toil-Free 1 -800-876-6827 BOND 7540213/OOBCSEU1863 LABOR AND MATERIALS BOND Board of Directors of the Carlsbad Municipal Water District located in the State of California, by Resolution No. 1305, adopted September 18, 2007, has awarded to LAYFIELD ENVIRONMENTAL SYSTEMS CORPORATION (hereinafter designated as the "Principal"), a Contract for: MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water District and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE. LAYFIELD ENVIRONMENTAL SYSTEMS CORPORATION as Principal, (hereinafter designated as the "Contractor"), and HARTFORD FIRE INSURANCE COMPANY as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of ONE HUNDRED SIXTY EIGHT THOUSAND SIX HUNDRED NINETY THREE Dollars ($168,693.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the temns of the contract or to the work or to the specifications. A•^ Revised 11/01/06 Contract No. 5005 Page 32 of 97 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this / day of zc* 20 <=>! CONTRACTOR: LayfieLd Ehvjjxrmental Systems Cbrpacatiai (name of Contractc (print name here) (title and organization of signatory) ' By:' .••-•' (sign here) (print name here) Executed by SURETY this 19th day of October, 20 07. SURETY: Hartford Fire Insurance Company (name of Surety) Hartford Plaza. Hartford. CT06115 (address of Surety) 888-266-3488 (telephone numbej^ef Surety) jj _ ^^y ,^^ f 3' ~ I I '• •- ^ '' (signature of Attorney-in-Fact) Scott Sadowskv. Assistant V.P. (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel By: Deputy General Counsel Revised 11/01/06 Contract No. 5005 Page 33 of 97 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sf\K> "D On (O/Z.q/07 personally appeared before me, ss. B j>i fe. Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) tCOMM. #1493559 2 Notary Public - California % San Diego County ° My Comm. Expiies Jul 1 2008 f ^.personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:2_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here O 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toil-Free 1-800-876-6827 I TTT^ HARTFORD Acknowledgement for Surety STATE OF Connecticut County of Hartford, to wit; I, Therese M. Forgetta. a Notary Public in and for the county and state aforesaid do hereby certify that who as Assistant Vice President Scott Sadowsky Hartford Fire Insurance Company, a corporation, bearing date the signed the foregoing writing for 19th day of October. 2007. has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation. Given under my hand this 19th day of October. 2007 Notary Seal My commission expires on the 31 day of Hartford Plaza Hartford, CT 06115 Telephone 860 547 5000 POWER OF ATTORNEY PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code: n/a Home Office | X | Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut | X | Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of hdiana | X | Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut | X | Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut I X | Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiaia | X | Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois | X | Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana | X | Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: M. Ross Fisher, Paul A. Bergenholtz, Kenneth M. Bronson, Scott Sadowsky, Gary Stumper, F. Allan Trifiro, William E. Eschert, Laura B. Mahler, Christopher L Dupras, James R. Bell, R. Scott Cochrane, Raymond A. Philippon of Hartford, CT their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by M, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT -v J. ss. Hartford COUNTY OF HARTFORD J On this 1st day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Scott E. Paseka Notary Public ommission Expires October 3 1 , 2007CERTIFICATE I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 19, 2007. Signed and sealed at the City of Hartford. Gary W. Stumper, Assistant Vice President BOND 7540213/OOBCSEU1863 FAITHFUL PERFORMANCE/WARRANTY BOND Board of Directors of the Carlsbad Municipal Water District located in the State of California, by Resolution No. 1305, adopted September 18, 2007, has awarded to LAYFIELD ENVIRONMENTAL SYSTEMS CORPORATION (hereinafterdesignated as the "Principal"), a Contract for: MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water District, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, LAYFIELD ENVIRONMENTAL SYSTEMS CORPORATION as Principal, (hereinafter designated as the "Contractor"), and HARTFORD FIRE INSURANCE COMPANY as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of ONE HUNDRED SIXTY EIGHT THOUSAND SIX HUNDRED NINETY THREE Dollars ($168,693.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by tiese presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Carlsbad Municipal Water District, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 11/01/06 Contract No. 5005 Page 34 of 97 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this, day of TfF* , 20_ CONTRACTOR: lavfield EhvircniEntaT Systems Cbrporaticn (name of Contractor) (print name here) \I\\UL (Title and Organization of Signatory) By: (sign here) Executed by SURETY this 19th day of October , 2007 SURETY: Hartford Fire Insurance Company (name of Surety) Hartford Plaza, Hartford, CT 06115 (address of Surety) 888-266-3488 (telephone number of Surety) (print name here) (signature of Attorney-in(Fact) Scott Sadowsky, Assistant V.P. (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel DeputyGeneral Counsel Revised 11/01/06 Contract No. 5005 Page 35 of 97 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. On 1 0/2.9/0-7 . Date personally appeared J IV f\ before me. £j>i»iAR& " , ClAy&SbW NOTAffcir1 iu3l-\ ^ Name and Title of Officer (e.g., "Jafc Doe, Notary Public") GftAV &, Pv,/si|<:eAcTJvo Name(s) of Signer(s) EDWARD «. CARSON COMM. #1493559 z Notary Public • California 2 San Diego County My Comm. Expjres Jul 1, J008 | 5$personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. fi. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: F*rTHpJ<- Document Date:)O /X-^ /O"7 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb hero © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toil-Free 1-800-876-6827 HARTFORD Acknowledgement for Surety STATE OF Connecticut County of Hartford, to wit; I, Scott E. Paseka. a Notary Public in and for the county and state aforesaid do hereby certify that Scott Sadowsky who as Assistant Vice President signed the foregoing writing for Hartford Fire Insurance Company, a corporation, bearing date the 19th day of October. 2007. has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation. Given under my hand this 19th day of October. 2007. Notary Seal Notary Public My commission expires on the O ' day of C/CrO~-*? f && i ol POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code: n/a Home Office | X | Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut | X | Hartford Casualty Insurance Company, a corporation duly organized under the laws of the Slate ofhdiana | X | Hartford Accident and Indemnity Company, a corporation duly organized uncbr the laws of the State of Connecticut | X | Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut | X | Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiaia | X | Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the Slate of Illinois | X | Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana | X | Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the Stale of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: M. Ross Fisher, Paul A. Bergenholtz, Kenneth M. Branson, Scoff Sadowsky, Gary Stumper, F. Allan Trifiro, William E. Eschert, Laura B. Mahler, Christopher L. Dupras, James R. Bell, R. Scott Cochrane, Raymond A. Philippon of Hartford, CT their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 03, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President ss. Hartford COUNTY OF HARTFORD STATE OF CONNECTICUT^ On this 1s1 day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ^P)^ /} ScotI E. Pascka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 19, 2007. Signed and sealed at the City of Hartford. .) Gary W. Stumper, Assistant Vice President OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, 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 agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the District pursuant to the Construction Contract entered into between the City and Contractor for MAERKLE RESERVOIR COVER, INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the District within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner. 2. The District shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the District makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the District pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the District. These expenses and payment terms shall be determined by the District, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the District. Revised 5/01/07 Contract No. 5005 Page 36 of 97 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from District to the Escrow Agent that the District consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The District shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the District and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For District: Title FINANCE DIRECTOR Name Signature Address 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature. Address At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 5/01/07 Contract No. 5005 Page 37 of 97 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For District:Title PRESIDENT Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature. Address For Escrow Agent:Title Name Signature Address Revised 5/01/07 Contract No. 5005 Page 38 of 97 Pages GENERAL PROVISIONS FOR MAERKLE RESERVOIR COVER INSPECTION, CLEANING, REPAIR, AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 CARLSBAD MUNICIPAL WATER DISTRICT BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent1, and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 5/01/07 Contract No. 5005 Page 39 of 97 Pages 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - the Carlsbad Municipal Water District. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the general conditions, permits from other agencies, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Revised 5/01/07 Contract No. 5005 Page 40 of 97 Pages Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Revised 5/01/07 Contract No. 5005 Page 41 of 97 Pages Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - Standard Specifications, Reference Specifications, Special Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Special Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Revised 5/01/07 Contract No. 5005 Page 42 of 97 Pages Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. Revised 5/01/07 Contract No. 5005 Page 43 of 97 Pages 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APIS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Benchmark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe GBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML . Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSSD Carlsbad Supplemental Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation Revised 5/01/07 Contract No. 5005 Page 44 of 97 Pages FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR ,. Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL . Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAG Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent Revised 5/01/07 Contract No. 5005 Page 45 of 97 Pages SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction STHWY State highway STA Station STD Standard SIR Straight SIR GR Straight grade STRUG Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey Revised 5/01/07 Contract No. 5005 Page 46 of 97 Pages 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (jun) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) ,. 1.6093 kilometer (km) 1 square foot (fr) 0.0929 square meter (nrr) 1 square yard (yd ) 0.8361 square meter (m) 1 cubic foot (ft3) . 0.0283 cubic meter (rrg 1 cubic yard (yd ) 0.7646 cubic meter (m ) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (ml_) 1 pound mass (Ib) (avoirdupois) 0.4536 kitogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo(k) 103 •2centi (c) 10"' milli(m) 10'3 micro (n,) 10"6 nano(n) 10 pico(p) 10'12 Revised 5/01/07 Contract No. 5005 Page 47 of 97 Pages 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes " Inches or seconds Number / per or (between words)0 Degree PL Property line CL Centerline SL Survey line or station line Revised 5/01/07 Contract No. 5005 Page 48 of 97 Pages SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 5/01/07 Contract No. 5005 Page 49 of 97 Pages Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the Board shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. Revised 5/01/07 Contract No. 5005 Page 50 of 97 Pages The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the project technical specifications, Carlsbad Engineering Standards (CES), Maerkle Dam Reservoir Floating Cover Operation & Maintenance Manual, Standard Specifications for Public Works Construction, (SSPWC), 2006 Edition (Part 2 & 3), hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one (1) set. The set is designated as Carlsbad Municipal Water District Drawing No. 451-4 and consists of three (3) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. Revised 5/01/07 Contract No. 5005 Page 51 of 97 Pages The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Technical Specifications 2) These General Provisions 3) Plans 4) Maerkle Dam Reservoir Floating Cover Operation and Maintenance Manual 5) City of Carlsbad Engineering Standards, 2004 Edition 6) San Diego Regional Standard Drawings 7) Standard Specifications for Public Works Construction 8) Reference Specifications 9) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 1) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Revised 5/01/07 Contract No. 5005 Page 52 of 97 Pages Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By:Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title SubjectlieST1 2 34 5 6 7 8 9 1011 12 13 14 15 16 17 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303-1.7.1 303-3.1 304-1.1.1 304-1.1.2 304-2.1 306-2.1 306-3.1 306-3.4 306-6 306-8 307-4.3 Safety Orders Joints JointsGeneral Cofferdams General General General Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wiring Diagrams Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations Traffic Signal Construction Revised 5/01/07 Contract No. 5005 Page 53 of 97 Pages Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1 List of Subcontractors per 2-3.2. 2 List of Materials per 4-1.4. 3 Certifications per 4-1.5. 4 Construction Schedule per 6-1. 5 Confined Space Entry Program per 7-10.4.4. 6 Concrete mix designs per 201 -1.1. 7 Asphalt concrete mix designs per 203-6.1. 8 Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. Revised 5/01/07 Contract No. 5005 Page 54 of 97 Pages 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform ail work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Revised 5/01/07 Contract No. 5005 Page 55 of 97 Pages 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. Revised 5/01/07 Contract No. 5005 Page 56 of 97 Pages TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Street Centeriine Clearing Slope Fence Rough Grade Cuts or Fills > 10m (33') Final Grade (includes top of: Basement soil, subbase and base) Asphalt Pavement Finish Course Drainage Structures, Pipes & similar Facilities®, © Curb Traffic Signal CD Signal Poles & Controller CD Junction Box CD Conduit CD Minor Structure © Abutment Fill Wall© Stake Description ® SDRSM-10 Monument Lath in soil, painted line on PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake, Blue- top in grading area RP, paint on previous course RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Point +Guard Stake Centeriine or Parallel to Centeriine Spacing®, <S> <1000', Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, < 50' on tangents & < 25' on curves, Painted line - continuous Intervisible and < 50' < 200' on tangents, < 50' on curves when R> 1000' & 25' on curves when R< 1000' <50' < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' < 25' or as per the intersection grid points shown on the plan whichever provides the denser information intervisible & < 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines < 25', BC & EC, at %A, teA & *A on curb returns & at beginning & end Vertical locations shall be based on the ultimate elevation of curb and sidewalk at each pole & controller location at each junction box location < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grade < 0.30% for catch basins: at centeriine of box, ends of box & wings & at each end of the local depression ® < 50' & along end slopes & conic transitions < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height Lateral Spacing (3), ® on street centeriine at clearing line Grade Breaks &<25' N/A ( constant offset) N/A <22' edge of pavement, paving pass width, crown line & grade breaks as appropriate ( constant offset) as appropriate as appropriate as appropriate as appropriate as appropriate as appropriate Setting Tolerance (Within) 0.02' Horizontal, also see Section 2-9.2.1 herein 1' Horizontal 0.1' Vertical & Horizontal 0.1' Horizontal 0.1' Vertical & Horizontal V Horizontal & V4" Vertical •V8" Horizontal & V Vertical V Horizontal & V4" Vertical V Horizontal & Y4" Vertical •Va" Horizontal & V4" Vertical V Horizontal & V4" Vertical J/8" Horizontal & when depth cannot be measured from existing pavement V4" Vertical %" Horizontal & V4" Vertical (when vertical data needed) 0.1 ' Vertical & Horizontal Y4" Horizontal & V4" Vertical Revised 5/01/07 Contract No. 5005 Page 57 of 97 Pages Feature Staked Major Structure CD Footings, Bents, Abutments & Wingwalls Superstructures Miscellaneous CD Contour Grading CD Utilities CD, ® Channels, Dikes & Ditches CD Signs © Subsurface Drains CD Overside Drains ® Markers ® Railings & Barriers ® AC Dikes CD Box Culverts Pavement Markers® Stake Description ® RP + Marker Stake + Line Point +Guard Stake RP RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP Centerline or Parallel to Centerline Spacing®, ® 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns <50' < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grade < 0.30% intervisible & < 100', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & < 50', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location for asphalt street surfacing < 50' on tangents & curves when R> 1 000' & < 25' on curves when R< 1000'. At beginning & end and 5 50' on tangents & curves when R > 1000' & < 25' on curves when R <, 1000' At beginning & end 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert 200' on tangents, 50' on curves when R > 1000' & 25' on curves when R < 1000'. For PCC surfaced streets lane cold joints will suffice Lateral Spacing CD, <E> as appropriate as appropriate along contour line as appropriate as appropriate Line point as appropriate At beginning & end At marker location(s) at railing & barrier location(s) as appropriate as appropriate at pavement marker location(s) Setting Tolerance (Within) •Ye" Horizontal & 74" Vertical %" Horizontal & 74" Vertical 0.1' Vertical & Horizontal %" Horizontal & 74" Vertical 0.1' Horizontal & 74" Vertical 0.1' Vertical & Horizontal 0.1' Horizontal &V4" Vertical 0.1' Horizontal & V4" Vertical 74" Horizontal J/8" Horizontal & Vertical 0.1' Horizontal & Vertical %" Horizontal & 74" Vertical V4" Horizontal CD Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature ® Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table CD Perpendicular to centeriine. ® Some features are not necessarily parallel to centeriine but are referenced thereto CD Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature © > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. ® The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. Revised 5/01/07 Contract No. 5005 Page 58 of 97 Pages All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) TABLE 2-9.2.2(6) Survey Stake Color Code for Construction Staking Type of Stake Horizontal Control Vertical Control Clearing Grading Structure Drainage, Sewer, Curb Right-of-Way Miscellaneous Description Coordinated control points, control lines, control reference points, centerline, alignments, etc. Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Fences, Ft/ W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. Color* White/Red White/Orange Yellow/Black Yellow White Blue White/Yellow Orange * Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. Revised 5/01/07 Contract No. 5005 Page 59 of 97 Pages 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Revised 5/01/07 Contract No. 5005 Page 60 of 97 Pages SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 25 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 25 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 125 percent of the Bid quantity at the Contract Unit Price. Revised 5/01/07 Contract No. 5005 Page 61 of 97 Pages 3-2.2.3 Decreases of More Than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 75 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Revised 5/01/07 Contract No. 5005 Page 62 of 97 Pages The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Revised 5/01/07 Contract No. 5005 Page 63 of 97 Pages Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ..15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. Revised 5/01/07 Contract No. 5005 Page 64 of 97 Pages 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the District with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. Revised 5/01/07 Contract No. 5005 Page 65 of 97 Pages 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. General Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the District will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the District will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the General Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the General Manager. Actual approval of the claim is subject to the change order provisions in the contract. Revised 5/01/07 Contract No. 5005 Page 66 of 97 Pages All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. Revised 5/01/07 Contract No. 5005 Page 67 of 97 Pages (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 5/01/07 Contract No. 5005 Page 68 of 97 Pages SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. Revised 5/01/07 Contract No. 5005 Page 69 of 97 Pages 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. Revised 5/01/07 Contract No. 5005 Page 70 of 97 Pages 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. Revised 5/01/07 Contract No. 5005 Page 71 of 97 Pages 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notificatjon of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will nave 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the Investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation isconcluded Revised 5/01/07 Contract No. 5005 Page 72 of 97 Pages 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5-UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Revised 5/01/07 Contract No. 5005 Page 73 of 97 Pages Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shalj immediately notify the Engineer in writjng. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2006 Edition. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. Revised 5/01/07 Contract No. 5005 Page 74 of 97 Pages In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. Revised 5/01/07 Contract No. 5005 Page 75 of 97 Pages SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within ten (10) calendar days after receipt of the "Notice to Proceed". Depending on water level behind Maerkle Dam, the actual start of work may be up to six (6) months after the issuance of Notice to Proceed. The Contractor's schedule will be readjusted to meet field conditions. The District will notify the Contractor in writing when work can commence on the floating cover. 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Revised 5/01/07 Contract No. 5005 Page 76 of 97 Pages 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Revised 5/01/07 Contract No. 5005 Page 77 of 97 Pages 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer weekly to agree upon each activity's schedule status and shall submit weekly updates of the Baseline Construction Schedule confirming the agreements no later than the Tuesday of the following week. The weekly update will be submitted on hard (paper) copy per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.6. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.4 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. Revised 5/01/07 Contract No. 5005 Page 78 of 97 Pages 6-1.3.5 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 2 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 2 working days. Failure of the Contractor to submit a weekly updated construction schedule will invoke the same consequences as the Engineer returning a weekly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the week in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. Revised 5/01/07 Contract No. 5005 Page 79 of 97 Pages 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes inspecting, cleaning, and repairing the floating cover and rainwater system upgrade. The following descriptions outlining the order of work are provided for the Contractor's review and information. The descriptions for Phase 1 through 4 are overviews only and shall not relieve the Contractor from its responsibilities to perform the coordination and work in accordance with the plans and specifications. Some phases or portions of phases may overlap each other and/or occur during the same time period for work. 6-2.2 Project Phasing. 6-2.2.1 Phase I. Cover inspection. The cover shall be inspected and documented per Section 10866. 6-2.2.2 Phase II. Cover cleaning. The cover shall be cleaned per Section 10866. 6-2.2.3 Phase III. Rainwater system upgrade per Section 11866 and project plans. 6-2.2.4 Phase IV. Floating cover repair. The floating cover shall be re-inspected for damage after Phase III. All damage shall be repaired within two weeks. Revised 5/01/07 Contract No. 5005 Page 80 of 97 Pages 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, 'The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. Revised 5/01/07 Contract No. 5005 Page 81 of 97 Pages If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. Revised 5/01/07 Contract No. 5005 Page 82 of 97 Pages 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. Unless otherwise specified, the time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within sixty (60) working days after the starting date specified in the Notice to Proceed. The actual work on the cover shall be done as expeditiously as possible and not exceed twenty (20) continuous working days. Once the Contractor starts any work on the project site, the countdown of the twenty (20) working days will begin. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. No work involving warming up of equipment or any noise generating work shall be performed by the Contractor before 7:00 a.m., or after 5:00 p.m., unless approved by Engineer. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Revised 5/01/07 Contract No. 5005 Page 83 of 97 Pages The Contractor shall coordinate his schedule with the Work to be done for the TAP line inspection (contact David Ahles at 760-602-2748) or system shutdowns by San Diego County Water Authority (SDCWA). The Work performed by this contract must occur before or after any shutdowns at the TAP line or SDCWA system. The Maerkle Reservoir and cover shall be fully-operational during any water delivery shutdowns. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 .COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of nine hundred dollars ($900). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $900 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. Revised 5/01/07 Contract No. 5005 Page 84 of 97 Pages 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. Revised 5/01/07 Contract No. 5005 Page 85 of 97 Pages 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 California Department of Health Services. The Contractor shall obtain any necessary permits from CDHS for work on floating covers on drinking water reservoirs and comply with CDHS requirements and guidance. Revised 5/01/07 Contract No. 5005 Page 86 of 97 Pages 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. Since Maerkle Reservoir is a critical drinking water supply, the Contractor shall work closely with the Agency to develop a work schedule and minimize system site shutdowns. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Revised 5/01/07 Contract No. 5005 Page 87 of 97 Pages Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. Revised 5/01/07 Contract No. 5005 Page 88 of 97 Pages 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharge's of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. Revised 5/01/07 Contract No. 5005 Page 89 of 97 Pages 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Contractors access to the site shall be through the gate at Sequoia Crest. Any heavy equipment that would generate noise greater than one passenger car shall be brought in and out of the site between 9:00 a.m. and 4:00 p.m., Monday through Friday. • Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. The Contractor should not block access to the cul-de-sac by the entrance gate at any time. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. Revised 5/01/07 Contract No. 5005 Page 90 of 97 Pages The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways. Construction materials may be stored on District property at Maerkle Reservoir at a location determined by the District for no more than five (5) days after delivery. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. No Work in public streets shall be performed. Revised 5/01/07 Contract No. 5005 Page 91 of 97 Pages 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: *—«^ Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous /^s, substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in ^^ Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space """"^ 7. Special hazards consideration •>_*/ 8. Personal protective equipment 9. Rescue plan provisions Revised 5/01/07 Contract No. 5005 Page 92 of 97 Pages The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." Revised 5/01/07 Contract No. 5005 Page 93 of 97 Pages SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Facilities for Agency use are not required for this project. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of. vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Revised 5/01/07 Contract No. 5005 Page 94 of 97 Pages Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Revised 5/01/07 Contract No. 5005 Page 95 of 97 Pages From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments wilj be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. Revised 5/01/07 Contract No. 5005 Page 96 of 97 Pages 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 5/01/07 Contract No. 5005 Page 97 of 97 Pages SECTION 10866 FLOATING COVER CLEANING, INSPECTION, AND REPAIR TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.01 Description This Specification presents the procedures, required materials, and general requirements for performing the cleaning, inspection, and repair of the Maerkle Reservoir Floating Cover. Contractor shall provide all required labor, materials, and equipment necessary to perform the following work: • Cover Cleaning and Inspection. Contractor shall clean the cover thoroughly with water and inspect the cover including the troughs and sumps. • Rainwater Trough Cleaning and Flushing. Contractor shall remove debris and clean rainwater troughs and pump sumps. The troughs shall also be flushed. • Cover Patching. Contractor shall patch any holes or tears found during the above tasks. The patching shall be performed by a technician certified by the cover manufacturer, with a minimum of two years experience patching polypropylene floating covers. All work must be scheduled with the District in advance. Prior to the start of any work, the District will require Contractor to submit qualifications and certifications for Contractor's personnel with said submittals. Contractor shall follow all precautions detailed in the O&M Manual (see Section 1.02) and these Specifications to protect the cover from damage while performing the work. Any damage caused by the Contractor shall be repaired by the Contractor at no cost to the District. 1.02 Reference Manual The specific details of the cleaning, inspection, and repair of the floating cover are included within the Maerkle Dam Reservoir Floating Cover Operation and Maintenance Manual (O&M Manual). O&M Manual is included with this specification. 1.03 Pumping Requirements Contractor shall provide sump pump(s) to evacuate excess cleaning water from the cover. Use of the floating cover rainwater system pumps will not be allowed. However, Contractor may connect to the rainwater system flexible hose. Contractor may also utilize the 240 volt (single phase) outlets on the floating junction boxes, provided Contractor's pumps do not exceed 20 amps. 5/01/07 FLOATING COVER CLEANING, INSPECTION, AND REPAIR MAERKLE RESERVOIR FLOATING COVER 10866-1 CLEANING/INSPECTION/REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 1.04 Submittals A. Contractor shall submit to the District certification for all personnel who will perform cover patching work. B. Contractor shall also submit a cleaning and inspection plan to the District which shall include the qualifications of the crew and a detailed step-by-step work sequence and schedule. PART 2 - MATERIALS All cleaning and patching materials used shall strictly adhere to the manufacturer's recommendations and the O&M Manual. PART 3 - EXECUTION 3.01 General Cover cleaning, inspection, and repair shall conform to the requirements of the O&M Manual and this Specification. Contractor shall take care to protect the cover from damage while performing work on or under the floating cover. Contractor's personnel shall be instructed as follows: • Only soft rubber-soled shoes shall be worn on the cover. Shoes shall be inspected for debris (rocks, glass, thorns, etc.) prior to entering the cover. • All equipment, such as pumps, vacuums, blowers, toolboxes, etc., shall have padded areas to rest on. Padding shall be of adequate quality and thickness (per the cover manufacturer's recommendation) to protect the cover from damage or puncture. • Existing rainwater sump pumps shall not be used by Contractor; however, the rainwater system discharge hose and power supply (240 volt, single phase, 20 amps maximum) may be used. • Holes, tears, and any irregularities in the cover shall be documented in Contractor's daily logs (see Section 3.07 of this Specification). • Entering and exiting the cover (foot traffic) shall only be allowed on the padded stairways. 3.02 Coordination If possible, the District will coordinate the work with times of low water levels in the reservoir; therefore, Contractor shall perform the work when directed by the District. The District will provide the Contractor with dates in which the work can be performed. Contractor shall commit to a firm date no less than two weeks prior to starting the work. 5/01/07 FLOATING COVER CLEANING, INSPECTION, AND REPAIR MAERKLE RESERVOIR FLOATING COVER 10866-2 CLEANING/INSPECTION/REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 3.03 Cleaning and Inspection Contractor shall strictly adhere to the O&M Manual for proper cleaning of the entire cover, including the troughs. Contractor shall provide his own sump pumps. The entire cover shall be inspected in strict accordance with the O&M Manual during the cleaning process. 3.04 Rainwater Trough Cleaning and Flushing Contractor shall remove all leaves, trash, and debris from the rainwater troughs and sump pump wells. Troughs and wells shall be thoroughly cleaned and flushed in • accordance with the O&M Manual. 3.05 Re-Inspection After all cleaning and rainwater system upgrade (see Section 11866) work has been completed, Contractor shall re-inspect entire cover for holes and damage. 3.06 Cover Patching Contractor shall patch all holes and tears found during the cleaning and inspection work in accordance with the O&M Manual. Personnel performing the patching work shall be certified by JPS Elastomerics or Stevens Geomembers in patching polypropylene covers, and shall have a minimum of two years experience in same. 3.07 Reporting A. Contractor shall submit daily cleaning and inspection logs to the District for the duration of the work. Inspection reports shall include a description of holes and damage requiring patches. B. Upon completion of cover cleaning, inspection, and repair, Contractor shall submit a report detailing any irregularities and documenting all work performed. 5/01/07 FLOATING COVER CLEANING, INSPECTION, AND REPAIR MAERKLE RESERVOIR FLOATING COVER 10866-3 CLEANING/INSPECTION/REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 SECTION 11866 RESERVOIR COVER RAINWATER SYSTEM TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.01 General Description This Specification presents the procedures, required materials, and general requirements for performing the upgrade of the Maerkle Reservoir Rainwater System. In addition to these Specifications, Contractor shall reference the Construction Drawings titled Maerkle Reservoir Rainwater System Upgrade for details on the rainwater system work. Contractor shall provide all required labor, materials, and equipment necessary to upgrade the Maerkle Reservoir Cover Rainwater System in accordance with these Specifications and the Maerkle Reservoir Cover Rainwater System Upgrade Drawings (Construction Drawings). 1.02 References Publications listed below form part of this Specification to extent referenced in the text by basic designation only. The latest edition of publication governs unless otherwise noted. A. ANSI American National Standards Institute B. ASTM American Society for Testing and Materials C. NEC National Electric Code D. NEMA National Electrical Manufacturers Association E. MIL-C Military Specification 1.03 Special Conditions Contractor shall follow all precautions detailed in the Maerkle Dam Reservoir Floating Cover Operation and Maintenance Manual (O&M Manual) and these Specifications to protect the cover from damage while performing the work. Any damage caused by the Contractor shall be repaired by the Contractor at no cost to the District. Repairs shall be completed within two weeks of damage being discovered. 1.04 System Upgrade Description Portions of the existing rainwater system shall be removed, replaced, and upgraded with new equipment and materials as specified herein and as shown on the Construction Drawings. 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 11866-1 INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 The principle items of equipment and material to be removed and replaced are eight sump wells, eight sump pumps and appurtenances, and approximately 2,000' of flexible hose and associated fittings/couplings. In addition, four control panels for the sump pumps (two pumps are controlled from each panel) shall be upgraded. When work is complete, the rainwater system shall be a complete and working system that performs as specified herein. 1.05 Submittals A. Product Data and Shop Drawings 1. Prior to commencing construction, Contractor shall submit 6 copies of submittal data for all proposed material and equipment to the District for review and approval. 2. As a minimum, submittals shall include product data and shop drawings for the following: submersible pumping units, float switches, well sumps, check valves, piping, flexible hose, and electrical materials. 3. Product data shall include catalog cut sheets reflecting characteristics, performance specifications, and selected options for proposed equipment and appurtenances. 4. Shop drawings shall be provided for sump wells showing dimensions, float switch mounting, and detailing materials and equipment included in construction. 5. Shop drawings shall also include sump pump control wiring diagrams and interconnection diagrams for the control panel, submersible pumping units, and float switches. 6. Shop drawings of discharge piping assembly and hose splices shall also be submitted. 1.06 Mode of Operation When upgrades are complete, the rainwater system shall operate as follows: • Each sump pump operates independent from the other sump pumps. • Rainwater level rises to high water level (HWL) and the pump starts. A delay timer also starts. • When water level is pumped down to low water level (LWL), the pump stops and the timer continues, unless already timed out. If the timer times out prior to water level reaching LWL, pump will continue to run until LWL is reached. 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 11866-2 INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 • When the water level rises to HWL again, the pump and timer restart as long as the timer has timed out. If the timer has not timed out, the pump will not restart until timer times out. • The rainwater is pumped from the sump wells to the storm drain collector through the flexible discharge hose. PART 2 - PRODUCTS 2.01 Flexible Discharge Hose A. Flexible discharge hose shall be EPDM rubber material with a polyethylene helix specifically designed for use as suction and discharge hose. The hose shall have a corrugated exterior and a smooth wall interior. The minimum 68° F working pressure rating shall be 45 psi for 3" diameter hose and 40 psi for 4" diameter hose. The minimum recommended bend radius shall be 17". Hose shall be supplied with a minimum continuous length of 100 feet. The flexible discharge hose shall be Spiralite 2000 as manufactured by Pacific Echo, Inc., Series TG "Tiger Green" EPDM suction and discharge hose as manufactured by Kuriyama Corporation, or approved equal. B. Flexible Discharge Hose Splicing Flexible discharge hose splices shall be limited to pump tie-ins, junctions, and 100' lengths. Contractor shall strictly adhere to the typical flexible discharge hose splice detail, sump pump tie-ins details, and hose connection detail as shown on Sheet M-1 of the Construction Drawings and the appropriate sections of the Specifications. 2.02 Copper Tubing A. Copper tubing and fittings shall conform to the requirements of ASTM B 88 Type K or ASTM B 88 M (Metric) Type A seamless copper water tube. Copper tubing shall be rigid. B. All copper tubing and fitting joints shall be soldered per manufacturer's recommendations. Tubing shall be cut true and square and burrs shall be removed. 2.03 Threaded Brass Pipe, Nipples, and Fittings Threaded brass pipe, nipples, and fittings shall conform to ASTM B 43, regular wall thickness. Threads shall conform to ANSI B1.20.1. 2.04 Check Valves Check valves shall be inline type with a bronze body and female NPT threaded inlet and outlet. All hardware shall be stainless steel and the disc seal shall be BUNA-N or 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 11866-3 INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 neoprene rubber. The working pressure rating shall be 250 WOG. The maximum pressure required to open the valve shall be 0.5 psi. Provide a Model T-480 bronze ring check valve as manufactured by Nieco, Inc. or approved equal. 2.05 Cam and Groove Couplings Contractor shall provide aluminum cam and groove couplings with 316 stainless steel hardware as shown on the Construction Drawings. Couplers shall all be of a single manufacturer and manufactured to interchange with all products manufactured to MIL-C- 27487F. 2.06 Sump Pumps A. General Pumps shall be of the vertical, non-clog, single suction, centrifugal type, rated for continuous duty in a sump well environment and shall have a solid handling capability of up to 3/4" minimum. Pumps shall be Goulds Pumps, Model 3885, WE submersible effluent pump(s), 1 hp, 1 phase, 230 volts, 60 Hz, pump(s) rated for 50 gpm, at 52 ft. Total Dynamic Head. Provide Goulds Pumps, Order No. WE1012 H, no substitutes. B. Power Cable Contractor shall field measure for required power cord length prior to ordering sump pumps. The power cable shall be sealed at the motor end as it enters the motor casing by a two part barrier to moisture intrusion. The first line of defense shall be the compression of the oil and chemical resistant grommet which shall seal the outer jacket of the power cord. In the event that the outer jacket of the power cord should become damaged, then the second line of defense shall be the epoxy poured isolated conductors within the jacketed cable itself. The insulation shall be removed from the individual conductors and the epoxy shall be allowed to form a leak-proof seal against wicking of the power cable between the outer jacket and the insulation of the individual conductors. The outer jacket of the power cord shall be oil resistant and water resistant. The power cable shall be rated for NEC service "S". 2.07 Float Switch Assembly Contractor shall provide a float switch assembly specifically for a sump pump operation. The switch and switch enclosure shall be mounted above the sump (out of the water) and the float and associated mechanism shall extend to the high and low water level to actuate the switch, as shown on Sheet M-1 of the Construction Drawings. The switch shall be designed to close on high water level and remain closed until the float falls to low water level. 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 11866-4 INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 The float switch shall be housed in a NEMA 4 enclosure. Switch contacts shall be rated for 115/230 volt single phase operation. The float and associated mechanism shall be stainless steel. Float switch, float, and associated mechanism shall be manufactured by a single manufacturer. Provide a Model 840-A4 float switch and an 840-8A4 double parallel arm switch mechanism and float, as manufactured by Allen Bradley, or approved equal. 2.08 Relays Control relays shall be rated 120VAC with minimum 10A contacts, unless otherwise noted on the Drawings. All control relays and relay timers shall be DIN rail mounted, with instantaneous reversible contacts, 8 or 11 pin base type only. PART 3 - EXECUTION 3.01 General Installation of all equipment and appurtenances shall conform to the requirements of the manufacturer's specifications and installation instructions. When code requirements apply to installation of materials and equipment, the more stringent requirements, code, or manufacturer's specifications and installation instructions shall govern the work. 3.02 Cover Protection Contractor shall take care to protect the cover from damage while performing work on the floating cover. Contractor's personnel shall be instructed as follows: • Only soft rubber-soled shoes shall be worn on the cover. Shoes shall be inspected for debris (rocks, glass, thorns, etc.) prior to entering the cover. • All equipment, such as pumps, toolboxes, etc., shall have padded areas to rest on. Padding shall be of adequate quality and thickness (per manufacturer's recommendation) to protect the cover from damage or punctures. • Holes, tears, and any irregularities in the cover shall be reported to the District immediately. • Entering and exiting the cover (foot traffic) shall only be allowed on the padded stairways. 3.03 Coordination The Construction Drawings show in a diagrammatic form the arrangements desired for the principal equipment, flexible discharge hose, and similar appurtenances, and shall be followed as closely as possible. Proper judgment must be exercised in carrying out the work to secure neat arrangement of hose, valves, pump splices, and similar appurtenances, and to overcome local difficulties wherever encountered. 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 11866-5 INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 The Contractor shall take all measurements for his work at the installation sites and be responsible for the proper installation, within the available space for the equipment and material specified and shown on the Construction Drawings, and must secure the approval of the District for any variations before making any changes. 3.04 Inspection Inspect each item of equipment for damage, defects, completeness, and correct operation before installing. Inspect previously installed related work and verify that it is ready for installation of the equipment. 3.05 Preparation Prior to installing equipment, ensure that installation areas are clean and proper care is taken to protect the floating cover from damage. Maintain the areas in a broom-clean condition during installation operations. Contractor shall review the Maerkle Dam Reservoir Floating Cover Operation and Maintenance Manual (O&M Manual). All Contractor personnel must strictly adhere to all safety and precautionary procedures required by said manual. 3.06 Workmanship A. Preparation, handling, and installation shall be in accordance with manufacturer's written instructions and technical data particular to the product specified and/or approved, except as otherwise specified. B. Electrical work shall conform to the National Electrical Contractor's Association Standard of Installation for general installation practice. 3.07 Equipment Installation Contractor shall conform to reviewed Instruction Manuals, employ skilled craftsmen experienced in installation of the types of equipment specified, use specialized tools and equipment as applicable, and produce acceptable installations free of defects. 3.08 Testing All sump pumps, sump pump controls, and flexible discharge hose shall be tested to operate to the District's satisfaction, prior to completion of work. Hoses shall be completely free of visible leaks. Pumps and controls shall operate as described in Section 1.06 of this Specification. 5/01/07 RESERVOIR COVER RAINWATER SYSTEM MAERKLE RESERVOIR COVER 11866-6 INSPECTION, CLEANING, REPAIR AND RAINWATER SYSTEM UPGRADE CONTRACT NO. 5005 APPENDIX A MAERKLE DAM RESERVOIR FLOATING COVER OPERATION AND MAINTENANCE MAERKLE DAM RESERVOIR FLOATING COVER OPERATION AND MAINTENANCE TABLE OF CONTENTS General Information 1 - 3 Safety 4 Diving Safety 5-6 Cover Repairs 7-9 Inflation of the Cover 10-15 Deflation of the Cover 16 Inspection 17-21 Record Keeping 22 Suppliers 23-24 Emergency Telephone Numbers 25 Support Drawings Inspection Report Forms MAERKLE DAM RESERVOIR FLOATING COVER OPERATION AND MAINTENANCE This document serves as a guideline for the operation and maintenance of the Maerkle Dam Reservoir floating cover and related appurtenances. These guidelines are the minimum operation and maintenance requirements for the floating cover and include sections on safety, rainwater removal, inspection, cleaning and repair. The primary purpose for the floating cover is to protect and maintain the integrity of the reservoir water quality. Penetration of the floating cover membrane could result in a cross connection between the treated reservoir water and the untreated surface water or from debris located on the top of the cover. Employee safety shall be the first consideration when work is being done on or under the cover. GENERAL Specific information regarding the various equipment utilized at the Maerkle Dam floating cover, including electrical schematics, is contained in a single binder titled "Operating and Maintenance Instructions, Maerkle Reservoir-Cover and Liner". This manual is located in the control room of Maerkle Dam lower chlorinating station. All changes or modifications to the equipment or electrical schematics will be noted in this book and will require the approval of the Operations Superintendent or their designee. COVER: PUMPS: FLOATS: HATCHES: Maerkle Dam Reservoir floating cover has been constructed from flexible polypropylene, a thermoplastic resin. An extrusion process is used to encapsulate a polyester scrim between the polypropylene to give the cover strength and dimensional stability. The total thickness of the Maerkle Dam cover is 45 mils, contains 873,922 square feet of material and covers a water surface area of 16 acres, when the reservoir is full. No vehicles shall be allowed on the cover. Gasoline, oils, or other petroleum products shall not be allowed to come into contact with the floating cover. Material or equipment shall not be dragged across the floating cover. The bottom of all equipment shall be padded to help protect the floating cover from puncture or scuffing. The floating cover is equipped with a rainwater removal system which includes eight in-sump pumps each capable of removing 30 gallons per minute of water from the cover. Floats are attached to the floating cover and cover accessories to provide buoyancy. The floats are made from closed-cell polyethylene foam that is wrapped in polypropylene. There are 19 aluminum hatches, 3-ft. sq. around the perimeter of the cover, including hatches over the three inlet/outlet valve structures and the inlet pipe from the San Diego County Water Authority. These hatches fulfill several functions: 1) allows access below the floating cover, 2) provides a sample point for water quality testing, 3) allows placement of repair floats beneath the cover, 4) provides a connection point for inflation equipment, 5) allows personnel and equipment access during inflation. RAINWATER REMOVAL SYSTEM: VENTS: WEIGHTS: TROUGHS: The reservoir has been designed with a defined sump pump system to create the needed tension to maintain a taught cover at all water elevations. This system also creates rainwater collection troughs. Vents allow trapped air to escape from under the floating cover. The vents have been installed in all the areas where trapped air accumulated during the filling process. Maerkle Dam Reservoir floating cover is weight-tensioned. The weight is achieved from tubes made from polypropylene filled with sand. These sand tubes are placed in the bottom of the rainwater collection troughs and at strategically placed locations on the cover to enhance the drainage of water from the cover to the rainwater troughs. These are engineered folds created in the floating cover of excess polypropylene material. These troughs serve a dual purpose: 1) accommodate excess cover material as the reservoir elevation increases and decreases, 2) serve as the rainwater collection troughs. SAFETY Personnel safety is the first priority for all activities that take place related to the operation and maintenance of the floating cover. Located at the east and west ends of Maerkle Reservoir are orange storage vessels. These vessels contain safety gear and equipment, including Material Safety Data Sheets (MSDS), for working on the cover. All work performed on the cover shall be approved by the Operations Superintendent, or his designee, prior to being performed. There shall be a minimum of two people present for all work performed on the cover. One person shall remain off the cover and act as a spotter/emergency response person. Worker(s) and spotter shall maintain audio and visual contact with each other at all times. Personnel working on the floating cover shall wear and be equipped with the following items: • U.S. Coast Guard approved flotation vests. • A sharp sheathed knife. This can be used to free oneself if trapped under the cover. • Only smooth rubber-soled shoes shall be worn when working on the cover. Shoes shall be inspected for sharp objects embedded in the sole that may puncture the cover, prior to entrance on the cover. • Communication shall be maintained at all times between workers. It may be necessary for employees to carry hand-held radios. Flotation rings attached to 100 feet of rope are stored in the orange storage vessels. These rings shall be removed from the storage vessel and be made available in the event they should be needed. The surface of the floating cover can be extremely slippery when wet. Caution shall be used when walking on the cover, especially in the area of the collection troughs. All electrical equipment, cords, connections, etc. shall be equipped with approved ground fault interrupters. Before servicing or performing maintenance on electrically energized equipment related to the cover, all power is to be shut off, locked-out and tagged-out. This will be done at the motor control center cabinets outside the Upper Chlorination Station at the main power supply. The mini-power center, located on the north side of the Reservoir shall also be locked-out and tagged-out. DIVING SAFETY The diving company contractor shall provide a Safe Practices Manual. The minimum contents shall contain: • Safety procedures and checklists for diving operations. • Assignments and responsibilities of the dive team members. • Emergency procedures and checklists. • Emergency procedures for fire, equipment failure, adverse environmental conditions and medical illness and injury. The Maerkle Dam Reservoir shall be isolated from the distribution system prior to the diver(s) entry into the water. All valves on the valve tower shall be closed. Normally closed valves will be checked to assure they are closed. The valve to the pump header shall be closed. All valves shall be locked-out and tagged-out. All electrical power to the floating cover accessories, lights, pumps, etc. shall be locked- out and tagged-out during the dive operation. All diving and inspection equipment used in Maerkle Reservoir shall be dedicated to use in potable water storage reservoirs. All equipment shall be disinfected in a 200- ppm chlorine solution prior to entry into the reservoir. Each diver shall wear a vulcanized rubber or other smooth surface material dry-suit. The dry-suits shall be in good condition, free from tears, scrapes or other imperfections that may impair the integrity of the suit. Each diver shall wear a diving helmet equipped with live communications and a sealed neck darn. All personnel on the dive team shall be free of communicable diseases and shall not, without a physicians consent to return to diving activity, have been under a physician's care within a seven day period prior to entering the Maerkle Dam Reservoir. No person who knowingly has an abnormal temperature or symptoms of illness shall work under the cover of Maerkle Dam Reservoir. The Operations Superintendent or his designee shall request written assurance that all divers are free of water transferable communicable diseases. The diving contractor and his employees shall comply with all related local, state and federal requirements. In the event of a conflict, federal regulations (29 CFR, OSHA Subpart T - Commercial Diving Regulations) shall apply. Diving under the cover of Maerkle Dam Reservoir floating cover is a Permit Required Confined Space. All confined space procedures, equipment and monitoring equipment will be required. The dive contractor supervisor is required to have at the job site evidence that all persons involved in the dive operation have a current diver's medical examination on file. The dive contractor supervisor is required to have in their possession evidence that all equipment to be used for diving has been tested and maintained in accordance with federal regulations. COVER REPAIRS The primary purpose of the floating cover is to protect and maintain the integrity of the reservoir water quality. It is important that all holes and tears to the cover are repaired as soon as possible. Repairs shall be classified as major or minor. Major repairs may require the reservoir to be removed from service or the water elevation lowered to below the repair area. Minor repairs are able to be performed while the reservoir remains in service. The Operations Superintendent, or his designee, shall be notified immediately of all cover failures. MAJOR REPAIRS: MINOR REPAIRS: Major repairs consist of large tears, seam separations or catastrophic failures to the floating cover. Major repairs may require the lowering of the water elevation to below the damaged area or the reservoir may be required to be taken out of service. The Operations Superintendent will notify the State Health Department and make arrangements for repairs. A listing of qualified repair contractors is outlined in the supply section. Disinfection of the repair area will be required. This will be followed with bacteriological samples, tests for volatile organic compounds and taste and odor. The results of these tests will be on file prior to placing the reservoir back in service. Minor repairs are small holes and tears to the floating cover and shall be repaired within 48 hours of discovery. Two polypropylene covered patching floats have been installed under the cover. These floats can be moved to the area to be repaired by walking on top of the cover and rolling the float by foot in the direction of the leak. The float may also be removed at a hatch site and placed back under the cover at a hatch closer to the leak, then rolled to the leak. Position the patch float beneath the area to be patched is lifted out of the water. A polypropylene covered 4" X 24" X 84" cover maintenance float shall be placed adjacent to the area to be placed. Operations personnel can work from this float for added stability. The repair area is to be completely dry and clean before attempting to patch the cover. Polypropylene patches, cover cleaning material, scrub brush, scrub pad, Xylene solvent cleaner, Leister Trial welding device and 2" wide roller are stored in the storage building next to the upper chlorination station. GUIDE FOR PATCHING THE JPS POLYPROPYLENE COVER Remove any dirt or debris from the immediate and surrounding area to be patched. This can be done with a broom or vacuum. Remove all remaining debris from the cover surface with water and a clean rag. For stubborn or heavily soiled areas, remove the dirt and debris with a cleaning agent - "409" or "Fantastic" and scrub brush. Thoroughly rinse and dry the area. The cover membrane must be completely dry prior to thermal welding. If good quality welds are not achievable because of the cleaning agents, then use a solvent based cleaner. Saturate a scrub-pad (3M Green scrub pad) with "Xylene" solvent cleaner and vigorously scrub the surfaces of both sheets to be welded. A liberal application of "Xylene" is necessary. Wipe the scrubbed surface one last time with "Xylene" using a clean, non-pigmented, non-synthetic cloth. Wipe in one direction only, away from the edge to be seamed. Membrane should be completely dry prior to thermal welding. WELDING PROCEDURES FOR PATCHING The patching procedure is to be accomplished with a "Leister Trial" hot air hand welding device, 2" flat nozzle and a seaming roller. The hand welder is equipped with a 2" flat nozzle on the output tube. This will allow for easy hand operation so that you will be able to direct the hot air flow between the patch material and the liner. Trial welds should be done prior to patching the cover using cut- up patching material. The heat gun should be turned on and the heat control knob on the rear of the handle should be set at about the mid-point or 5 on the numerical scale. After the heat gun has been turned on for about 5 minutes, the heat should have stabilized. A slight variation in the sound of the motor pitch can be heard as the heating element comes up to the set point temperature and then begins to cycle on and off. Once the initial set point temperature has stabilized practice welds can be made. It is important to realize that the weld temperature, speed and pressure are the three primary parameters that effect the weld quality. Therefore, the practice welds are to provide for setting up of these three parameters and to pre-qualify the integrity of the welding system prior to actual field patching. The temperature is to be adjusted so as to create a controllable melt at the interface of the mating surface of the patch and liner. Too much heat will result in poor weld strengths and can be indicated by a slight darkening or browning of the tan polypropylene. It is better to work slower with less heat than to overheat the material. Material that is overheated can become nearly impossible to achieve a satisfactory weld resulting in the requirement to redo the patch with a larger one beyond the overheated areas. Welding speed needs to be such that is needed to create sufficient melt to create proper fusion between the patch and liner material. A good indication is a slight amount of melted polypropylene extending out beyond the patch overlay. Pressure is created by hand and a small 2" wide roller (i.e. a wallpaper roller with nylon or Teflon roller). The amount of pressure required is that which can be normally applied when exerting some extra effort to create pressure on the mating surfaces. Over vigorous efforts can cause damage to the heated softened patch material and liner. Making trial patches and corresponding adjustments in these weld parameters will lead to quality welded patches. It is important to realize that wind, ambient temperature and humidity all play a role in the initial set up of the weld parameters. It is necessary to evaluate by trial run prior to patching at the beginning of each day, every time the heat gun is shut down and restarted or when there has been a large deviation in the weather. The heat gun has an extremely hot air output. Extra care should be taken to avoid contact with the heat gun output tube and flat nozzle with anything but the polypropylene lining materials when making a weld. Use care to protect personnel, clothing and the liner from damage. It is best to set the heat gun in a position that will not damage anything or become dangerous making sure to direct the air force direction away from the liner. Always turn the heat control knob to the "0" set position and let it run until it has cooled down before turning it off. This will prolong the life of the heating element. In the case where an extrusion weld is the preferable method of patching the damaged area, the Operations Superintendent, or designee, will be notified. In turn, the Operations Superintendent will contact the lining contractor to make the necessary repair. INFLATION OF THE COVER A. The Maerkle Reservoir Cover has been designed for inflation to allow personnel access underneath the floating cover when the reservoir is dewatered. Floating covers are not normally inflated on a regular basis. Floating cover inflation may be used to inspect the reservoir lining system, to remove sediment on the bottom, perform minor maintenance, visually inspect for pinholes, etc. The floating cover is highly susceptible to wind damage during inflation. Floating cover inflation shall not be performed during periods of moderate or high winds or when such winds can be expected at any time during the inflation. An experienced inflation supervisor shall be present at all times during inflation. The inflation supervisor will decide when to perform the inflation, determine the location of the cell boundaries as determined by the attached inflation Plan Drawing, and supervise the inflation blower operation. The inflation supervisor shall direct the replacement of any cover weights or accessories in accordance with the as-built floating cover drawings. Careful attention shall be given to the spacing of the sand filled weight tubes, to placement of floats and weights adjacent to non-interference ^_ zones, and to replacement of the surface-water removal system as per contract as- built drawings and specifications. *****' • Inflation of the cover should never be attempted without experienced personnel on site. Inflation should be undertaken only as a necessary requirement to perform maintenance under the cover. Sufficient personnel shall be supplied on topside to monitor all sides of the inflated cell during the inflation process, and in an emergency they shall notify all personnel under the cover of a condition requiring deflation of the cover. Once work has been completed or weather conditions threaten the cover and all personnel are out from under the cover, deflate as rapidly as possible (see "Deflation of the Cover"). • Inflation should not be attempted if there is a potential wind hazard. The inflation supervisor shall be responsible for the decision to inflate. The Operations Superintendent or his designee may override the inflation supervisor's decision. • Careful attention should be given to walking on the cover due to the potential for damage to the underside of the polypropylene cover membrane from the porous asphalt liner surfaces. Additionally there are loose aggregates deposits as unraveling of the liner surfaces occurs creating sharp point stresses. These deposits will likely be greatest at the toe of slope. • Maintenance under the cover should be planned for periods of time when ^^ winds are usually calm. Enough time should be allowed for both inflation and deflation of the cover during calm winds. See "Deflation of the Cover". ^**/ Warning: It takes as long or longer to deflate as to inflate the cover. 10 Do not inflate the cover any higher than required to accomplish work. Attention needs to be given to inflate to elevations that do not over pressure the defined inflation cells and create excessive movement of the sand filled weight tubes. In order to safely perform work on the topside of the cover during inflation, it is very important to limit the amount of air supplied to the underside of the cover. The cover should only be inflated to working minimum elevations allowing for maintenance or inspection beneath the cover. Extra care and effort must be taken when personnel are walking on topside of the cover during inflation. Inflate to heights only sufficient for topside personnel to depress the cover to the liner or near the liner surfaces while walking on the cover. The reasons for this procedure are to eliminate the potential hazard for a fall through the cover and to provide a close proximity of topside personnel to those under the cover. The bottom side personnel can easily direct topside personnel where to mark pinhole repairs. When sufficient air is present, the cover will billow upward around the person on the topside, allowing underside personnel sufficient room to maneuver under the cover. This process requires some trial and error to achieve the proper balance of air under the cover and will likely require some turning on and off of the inflation fans during the duration of the cell inflation. It is important to note that deflation does not occur instantaneously or at a very rapid rate once the fans are turned off or reversed. There is usually adequate time for personnel to maneuver and exit from beneath the cover. As the cover comes down, there is some air pressure still existing on the underside of the cover that allows for the cover to be pushed up relatively easily by personnel beneath the cover. If strong winds occur during inflation or deflation, extra care must be taken to more quickly direct personnel out from under the cover due to the down pressures that can be exerted on the topside of the cover. Wind caused down pressures are usually evidenced in a wave action across the reservoir occurring in a fairly predictable pattern and velocity. The 3' long sand tube tension weights located in Sumps 6, 8, 9 and 11 or sandbags can be used for additional backup weights in the formation of the inflation cell boundaries. If sandbags are used, they shall weigh not less than 40 or more than 60 Ibs. The sandbags shall contain an impervious liner within an outer woven UV resistant bag and be filled with washed and screened sand. Both bags shall be securely tied independent of each other in such a way as to minimize the possibility of any leakage of sand. Any sandbags that are leaking shall be removed and all spillage cleaned up immediately from the reservoir cover surfaces. Remove all rainwater removal pumps and sump assemblies during inflation and replace after deflation and completion of the inflation process as per contract drawings. Adequate power supply and heavy extension cords must be available to operate the inflation blower assemblies. Communication shall be maintained by two-way radios between the personnel under and outside the cover during the inflation. 11 Each individual under the cover shall be provided with a knife as a safety measure in order to cut an exit in the cover in case of emergency. With one exception, the cells can be inflated in any order. For example, if only cells on the slope are to be inflated, inflation can be started at any point (i.e., at any cell) and, to minimize work, should progress around the reservoir, in either direction. It is assumed that if either bottom cell is inflated, both will be inflated, in which case there is a sequence to be followed as explained below. An attachment from the manufacturer of the polypropylene floating cover material, JPS Elastomerics Corp. "Floating Covers: General Guide for Operation and Maintenance" has been provided for additional information. B. Maerkle Reservoir cover has been designed to be divided into six individual inflation cells. Each cell is designed to be inflated, one at a time, in a set sequence as according to the attached Inflation Plan Drawing. There are three 24" inflation blowers and aluminum hatch/blower adapter plates provided to the cover to inflate the individual cells. The blowers and adapter plates are stored in the storage building next to the upper chlorination station. The adapter plates and inflation blowers are placed on and secured to the appropriate Access/Inflation hatches in the cell to be inflated. Refer to "Deflation of the Cover" for specific directions to follow during the deflation of the cover cells. There are 120 five foot long x 7" diameter (600 lineal feet) special sand weight tubes having a prayer type seam running lengthwise with grommets at 6" centers provided specifically for the inflation of cells 5 and 6. These tubes are designed to function both as sand tube tension weights and inflation cell definition weights by lacing with Vi" nylon rope to attachment strips that have been installed on the slopes defining Cells 5 and 6. The aforementioned special sand tube tension weights alternate between cells 5 and 6 whenever both cells are sequentially inflated. To minimize handling of sand tubes, the first of these two cells to be inflated should be whichever cell contains these special sand tubes. (Following initial inflation testing at the conclusion of construction, these sand tube tension weights will reside in the defined rainwater collection trough designated "Sump 1" in Cell 6). 12 The following chart indicates the fan/hatch positions and required time for each of the cells to be inflated (this chart is shown on the Inflation Plan Drawing): Cell No. 1 2 3 4 5 6 No. Of Fans 3 3 3 3 3 2 Place Fans on Hatch No.'s 1,2,11 3,4,5 6,7,16 8,9, 10 13,15, 19 12, 14 Total Cell Volume (Cu. Ft.) 720,000 900,000 730,000 1 ,040,000 950,000 930,000 Total Blower Output (CFH) 675,000 675,000 675,000 675,000 675,000 450,000 Time to Inflate (hrs.) 1.07 1.33 1.08 1.54 1.41 2.10 13 CELL 6 Step 1: Move sand tube tension weights from Sump 1 up-slope and attach to Inflation Attachment Strip 1. Fill in the cell boundaries an both ends on the reservoir floor boundary. Place an additional ST weight from a free area (not affected by Cell 6 inflation) or sandbag behind each of the floor defining sand tube tension weights to minimize rolling during inflation. Step 2: Move sand tube tension weights from Sump 2 to the cell boundary center line between Sumps 1 and 2. There have been triangular markers installed on the cover and marked with CL as a guide. Make sure the perimeter of Inflation Cell 6 is completely sealed off and that all sand tube tension weights on the floor have either an additional sand weight or sandbag placed on the backside to minimize rolling during inflation. Step 3: Move sand tube tension weights from transition Sump 8 and corner Sumps 6, 9 and 11 to the cell boundary center line between sumps 1 and 2. These 3 ft. long weights are to be placed behind the 5 ft. long weights aligned on the center line boundary forming additional ballast. Place 3' sand tube tension weights centered behind the ends of each 5 ft. x 7" diameter sand tube tension weights forming the cell boundaries. Extra 3 ft. weights can be positioned on the floor behind the 5 ft. weights forming the very end boundaries of Cells 5 and 6. The purpose of this additional ballast is to minimize movement of sand tube tension weights on the floor areas of the reservoir where they are unsecured. Step 4: Proceed with inflation, inspection, maintenance and deflation. Secure hatch cover. CELLS Step 1: Move the sand tube tension weights from Attachment Strip 1 across the reservoir to Attachment Strip 2 and lace them into place. Fill in the lines on both ends on the reservoir floor with additional sand tube tension weights to complete the Inflation Cell No. 5 boundary. Place an additional sand tube tension weight from a free area (not affected by Cell 5 inflation) or sandbag behind each of the floor defining sand tube tension weights. Step 2: Proceed with inflation, inspection, maintenance and deflation of Cell 5. Secure hatch covers. Step 3: Move the sand tube tension weights from Attachment Strip 2 down-slope to Sump 2 and secure into place with the %" Dacron straps making sure to butt ends with no spacing. Remove any sand tube tension weights and or sandbags on the ends to the next position. 14 Step 4: Move 5' long x 7" diameter sand tube tension weights from Center Inflation Weight Line to Sump 1 and secure into place with the %" Dacron straps making sure to butt ends with no spacing. CELLS 1 THROUGH 4 Step 1: It is necessary to remove all sand tube weights within the cell boundaries of slope cells prior to inflation (i.e. if slope Cell 1 were being inflated, sand tube weights from Sump 6 would need to be removed). Proceed with inflation, inspection, maintenance and deflation of Cells 1 through 4. Secure hatch covers. Step 2: Move 3' long x 6" diameter sand tube tension weights from the Center Inflation Weight Line and other bottom positions to their original positions in transition Sump 8 and corner Sumps 6, 9 and 11 and secure into position with the %" Dacron straps making sure to maintain a 1" gap on all ends. Step 3: Make certain that sand tube tension weights, sump pumps, hoses, cords and connections are properly re-installed at the non-interference zones as according to as-built drawings. Step 4: Check the cover for any damage that might have occurred and immediately repair or make provisions for repairs to be made by others prior to putting the reservoir back into service. 15 DEFLATION OF THE COVER • Evacuate all personnel from under the cover. • Remove the inflation blowers or reverse the blowers to deflate the cover faster. (Note: Damage to the Maerkle Reservoir Cover can occur if the reversed fans are allowed to create a vacuum and can pull the cover down onto the inlet pipe and the outlet piping and pipe guards). • Open all hatch lids in the individual cell being deflated to allow as much air to exit as possible. • Prop or tie open the overflow swing flap to allow air to exit from under the cover. Be sure to restore the swing flap to working order after deflation. Failure to do so can cause severe damage to the cover if air was able to enter into the reservoir through the overflow area during high or sustained strong winds. • Close and secure all hatches as individual cell deflation is completed. • Make sure to inspect the entire cover for any damage that might have occurred and repair immediately. • Small air pockets that may have remained under the cover will eventually migrate and exhaust through the air vents or they may be moved manually by personnel walking them over to a vent. • Careful attention should be given to walking on the cover due to the potential for damage to the underside of the polypropylene cover membrane from the porous asphalt liner surfaces. There are loose aggregates deposits as unraveling of the liner surfaces occur creating sharp point stresses. These deposits will likely be greatest at the toe of slope. 16 INSPECTION GENERAL: The integrity of the floating cover is directly related to the inspection and maintenance given the cover and its related appurtenances. The following inspection schedule is a minimum requirement. As special circumstances and weather conditions dictate, the frequency of inspection may be altered. 1. Daily - Perimeter drive inspection and maintenance 2. Monthly - Cover walk inspection and maintenance 3. Biannually - Rainwater removal inspection and maintenance 4. Annually - Cover cleaning and inspection and maintenance 5. Annually - Underwater inspection and maintenance PERIMETER INSPECTION AND MAINTENANCE: A Water System Operator driving the reservoir perimeter road shall visually inspect the floating cover once a day. A checklist will be used to perform the inspection. Special attention will be used to observe the condition of the outside perimeter fence, interior perimeter fence, slope erosion, brow ditch, sump pump control panels, electric sub- panel, large puddles of water on the cover from recent rainfall, large puddles of water on the cover without recent rainfall, debris on cover, inoperable rainwater removal system. Any irregularities will be noted on the checklist and reported to the Operations Superintendent or his designee. A "team" will be directed to the reservoir cover to investigate and make whatever corrections are necessary. • Outside perimeter fence: Investigate and repair as necessary. Report to police department as required • Interior perimeter fence: Investigate and repair as necessary. Report to police department as required • Slope erosion: Stabilize and repair as necessary • Brow ditch: Clean and/or repair as necessary • Sump pump control panels: Secure and/or repair as necessary • Electric sub-panel: Secure and/or repair as necessary • Large puddles from recent rains: Position drainage enhancement tubes between puddles and nearest collection trough • Large puddles without recent rains: Investigate for leaks. Repair as necessary. Position drainage enhancement tubes between puddles and nearest collection trough • Debris on cover: Remove debris • Inoperable rainwater removal system: Check sump pump control panels. Replace sump pump as necessary 17 COVER WALK INSPECTION AND MAINTENANCE: The Maerkle Dam floating cover shall be visually inspected a minimum of once a month by walking the floating cover surface in 25 feet wide sections. The 25-feet wide sections shall be staggered between successive inspections to provide overlapping coverage. Many of the materials needed for the repair and maintenance of the cover and its appurtenances shall be stored at the reservoir site, either in the orange storage containers or at the storage building next to the upper chlorination station. Water System Operators will use a checklist while performing their inspection. All deficiencies shall be noted on the checklist and reported to the Operations Superintendent or his designee. Items that can be corrected at the time of inspection shall. Other conditions will be scheduled for corrective action. • Verify outlet tower valves operate: All three butterfly valves on the outlet tower shall be cycled open, then closed to verify they operate. • Inspect overflow check valves: Verify the overflow swing check valves are in a completely closed position. If not, investigate the reason why and correct. • Pinholes, tears, abrasions, seam failures: Mark area for repair with small orange cones. Cones are located in the orange containers at either end of the reservoir. All cover holes shall be repaired as soon as possible. See Cover Repair section. • Trash, debris or accumulation of dirt: Remove trash, debris and other material from cover. Dirt and other debris shall be swept up with a soft bristled broom. Brooms, dust pans and trash bags are stored in the storage building next to the upper chlorination station. • Standing water in the collection trough, continued cycling of the rainwater removal pumps without recent rainfall: Investigate the collection trough for pinhole leaks. Place temporary weights alongside the trough to observe the inside of the trough for possible leak. Make repair as necessary. • Sump pump suction/discharge clogged with debris: Remove debris from suction. Verify pump discharge by observing discharge. May be necessary to trace discharge hose for possible clog. • Inoperable rainwater sump pump: Replace with spare sump pump. The spare pump is stored in the storage building next to the upper chlorination station. • Inspect floating cover at structures: Inspect the cover for damage at all steps, air vents, access hatches and where the cover mates to the perimeter wall. Repair all damage as necessary. • Excessive air under the cover: Walk all large air pockets to access hatches or air vents. Investigate source of air. • Inspect air vent screens: All air vents should have a small mesh screen over the opening. Repair/replace as necessary. • Access hatches: Inspect all hatches. Hatches should all be locked in the closed position. 18 RAINWATER REMOVAL SYSTEM INSPECTION AND MAINTENANCE: The rainwater removal system shall be inspected twice a year. All drainage troughs, inlets and outlets shall be inspected to ensure they are clear of debris. The rainwater sump pumps shall be removed from the sumps and inspected for damage and wear. The exterior housing of the pumps and inlet screen shall be thoroughly cleaned. Pump floats shall be inspected and cleaned as necessary. Disconnect, lock-out and tag-out all electric power prior to performing any maintenance. A record of the pump maintenance required and the identification number of the pump shall be on the bi-annual inspection form and on file in the control room of the lower chlorination station. Trough flushing shall be performed in the late Fall or just prior to the rain season and shall be combined with the annual cleaning of the floating cover. The second trough cleaning shall be performed approximately 6 months after the first cleaning. Flushing and cleaning of the troughs will require Operations personnel to physically enter the troughs. Water will be used from the perimeter wash down outlets and introduced on the cover at the shallowest end of the troughs. Dirt and wash water will be worked toward the sump areas. Sump pumps and level floats will be checked at this time to verify their proper operation. The spare sump pump will also be checked to assure it is operational. COVER CLEANING INSPECTION AND MAINTENANCE: The floating cover shall be thoroughly cleaned once a year. This shall be performed in the late Fall prior to the Winter rain and will be performed in conjunction with the semiannual rainwater removal system inspection and maintenance. The rainwater removal system shall be inspected and operational prior to the cover cleaning operation. An attempt should be made to have the storage capacity of the reservoir at a low elevation to help facilitate the cleaning process. The reduced elevation will increase the slope area and reduce the depth of the collection troughs. Distribution storage requirements take priority over preferred cover cleaning storage elevations. The wash down hose connections around the perimeter of the reservoir shall be used during the cover cleaning process. Care should be taken not to direct high-pressure streams of water directly at the floating cover seams. Hose lengths should be kept at a minimum to help lessen the danger of chafing the cover as hoses are moved and dragged across the cover. Hose connections, nozzles and other hard, sharp metal fittings should be wrapped to protect the cover from abrasion and puncture. The quantity of water used for cleaning shall not exceed the ability of the pumps to remove the water. 19 Sweep or vacuum any dirt or loose aggregate that has collected along the concrete curb and floating cover anchor bars. Do not push any loose aggregate down the reservoir slope and onto the floating cover. Utilizing a broom with soft bristles, sweep and wash the slope areas of the floating cover. Any debris, trash or sharp objects shall be picked up at this time and removed from the cover. Caution should be used while working on the slope areas as they can be very slippery when wet. Wash and broom the horizontal portion of the floating cover. Dirt and the cleaning water shall be directed toward the rainwater collection troughs. Debris, trash and all sharp objects shall be picked up and removed from the cover prior to entering the collection troughs. Placement of temporary sand tubes may be useful in directing the water flow. Extra sand tubes are stored in the orange storage containers at either end of the reservoir. The rainwater collection troughs shall be flushed with water. It will be necessary for Operations personnel to enter these troughs and work the water and dirt to the sump areas. Operations personnel shall remove any debris that may have entered the trough and sump areas. Check to assure that the perforations in the sump pit are clean and unrestricted. Soaps and cleaning shall not be used on the cover. 20 UNDERWATER INSPECTION AND MAINTENANCE: Underwater inspections shall be conducted a minimum of once a year. All diving and inspection equipment shall be dedicated to use in potable water and disinfected in 200 ppm chlorine solution prior to entering the reservoir. Before diving inspection begins, the Diving Safety Section of this manual shall be reviewed and followed. The dive team shall review the previous year's underwater inspection report, video and still pictures prior to entering the water. The goal and objective of the dive inspection shall be discussed with the dive team. Any areas of special concern or concentration will be noted. The dive team will review a map of Maerkle Dam and follow a general sequence for inspection based on previous year's inspections. All hatches on the cover shall be unlocked and open to provide light and egress in the event of an emergency. The dive team shall video all major features and appurtenances of the floating cover. Still photographs will be taken of any abnormal conditions or areas of special concern. The dive team shall inspect the underside of all rainwater collection troughs: • Air vents • Sump pump pits • Hatch areas • Outlet butterfly valves • General condition of floating cover Any visible hole, tear, abrasion or seam failure will be communicated to the topside attendant. The area will be marked and repairs scheduled. Suspected leaks in the rainwater collection troughs will be confirmed using dye. If confirmed, the area will be marked and repairs scheduled. Butterfly valves on the effluent will be exercised to confirm the actuators open and close the valve discs. 21 RECORD KEEPING All inspection and maintenance records shall be kept at the Maerkle Dam lower chlorination station control room for a period of 5 years. The exception will be the daily perimeter drive inspection. This document will be kept with the rest of the daily log sheets located at the Water District Operations Center. 22 SUPPLIERS 1. Polypropylene Cover / Liner Materials C.W. Neal Corporation 8625 Argent Street Santee CA 92071 619-562-1200 Mr. Skip Neal JPS Elastomerics Nine Sullivan Road Holyoke MA 01040-2800 413-552-1031 Janice Hall, Product Specialist 2. Cover Installation Contractor C.W. Neal Corporation 8625 Argent Street Santee CA 92071 619-562-1200 Mr. Skip Neal 3. Cover Maintenance Services C.W. Neal Corporation 8625 Argent Street Santee CA 92071 619-562-1200 Mr. Skip Neal 4. Polypropylene Welding Equipment Columbine International 5441 Merchant Circle Placerville CA 95567 800-635-6693 Greg Yaple, General Manager 23 5. Sump Pumps Frederick Pump Company 1934-D John Towers Avenue ElCajon CA 92020 619-258-1552 Larry Mayer, Sales Engineer 6. Inflation Fans Super Vacuum Manufacturing Co., Inc. 1303 East 11th Street Loveland CO 80537 970-667-4296 Customer Service Department 24 EMERGENCY TELEPHONE NUMBERS C.W. Neal Corporation - 619-562-1200, Ext. 230 Mike Neal-541-726-3824 Skip Neal-619-442-6869 Chuck Neal-619-447-1385 Kris Royseth - 619-562-9219 WORKING HOURS: Stephen W. Verigin, Acting Chief Division of Safety of Dams 2200 "X" Street, Suite 200 Sacramento CA 95818 (916)445-7606 AFTER HOURS: (Area 8 Engineer) Richard A. Olebe 5741 Classic Place Carmichael CA 95608 (916)482-0961 Pager: (916) 948-8030 Water Operations Duty Person (760) 207-2246 Operations Superintendent Kurt Musser Home: (760) 729-8524 Pager: (760) 293-3756 Cellular: (760) 207-2250 Water Operations Supervisor Bryan Troupe Home: (760)945-1011 Pager: (760) 293-3752 Cellular: (760) 207-2251 Carlsbad Police Department (760)931-2197 Carlsbad Fire Department (760)931-2141 25 SUPPORT DRAWINGS 26 7*9<xyH9 Ufl «** »*«|M ™l V 3CXTW HOt9A311 osu-ZK-ei* xv j00?l-ltS-»l» 3NOH4i/OE« VWKUTTVO -XUNVSlaaus uotwr K»B NOLLVWWbOO TV3N "M'3 NVId NOI1V1JNI d3AOO MIOAM3S3M uoziiaaius i*oonv ensHOLLVHO«ni03 1V3H 'M'O •i-is I fill IP 8 jilt 1§ I* MHEMfrM VH lion aneauau » noon 06ll-ZK-ei« XVJOOII-»«-«H 3WXUuoz« Yuwmrnra •JIWYS133US 1N30IIV KMHOU«OJ»00 im 'M'3 ASSV HOiVH NOI1V1JNI/SS300V osii-ns-atg xvjOOn-«S-ei9 3NOKdtzoze vmiKunvo 'aaunrs133H1S 1N30HV SZ9B HOUVNMM09 TV3H 'M'O S1IV13Q INSPECTION REPORT FORMS 27 :> Q ± CO o o: -I UJu- I-s^< IQ o: UJ X zo 2 CO 0CO en CM 00CM f-CM s in CM *COCM CM CM OCM O>r- 00 ^ r-•^ CO in j CO^ CMir - 0 en 00 **• CO m t CO CM sn 1 iii P co £[OUTSIDE FENCE DAMAGE0 <nUl [INTERIOR FENCE DAMAGEo in V ISLOPE EROSION DAMAGE0 V)ut JBROW DITCH DAMAGEO W £|SUMP PUMP CONTROLO | DAMAGE(0UJ [ELECTRIC SUB PANELoz | DAMAGEwUJ ILARGE PUDDLES -o | RECENT RAINco £[LARGE PUDDLES -oz | NO RAIN(Oui [DEBRIS ON COVER0 coUJ IINOPERABLE RAINWATERo | SYSTEMK O i UJ0- co g UJ Q.o tt111If UJ y Q OQ. UJ UJm P ALL "YES" ANSWERS ARE 1^UJr 0£o o CO PROVIDE DETAILS FOR ITEIrf MAERKLE DAM FLOATING COVER MONTHLY INSPECTION REPORT DATE: TIME: OPERATORS: YES NO1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ] OUTLET TOWER VALVES OPERATE? ] OVERFLOW CHECK VALVES INSPECTED? ] PINHOLES, TEARS, ABRASIONS, SEAM FAILURES? TRASH, DEBRIS, ACCUMULATION OF DIRT? STANDING WATER IN THE COLLECTION TROUGH? ] SUMP PUMP SUCTION/DISCHARGE CLOGGED? ] INOPERABLE RAINWATER SUMP PUMP? DAMAGE OF COVER AT STRUCTURES? EXCESSIVE AIR UNDER THE COVER? AIR VENT SCREENS INSPECTED? ] ACCESS HATCHES INSPECTED? DETAILS FOR ALL YES ANSWERS: F:WORD\MAERKLEDAMFLOATINGCOVER\F.C.MONTHYINSPECTIONRPTFORM DATE: MAERKLE DAM FLOATING COVER BI-ANNUAL INSPECTION TIME: OPERATORS: RAINWATER SUMP PUMPS REMOVED AND INSPECTED PUMPS FLOATS INSPECTED AND CLEANED ] TROUGHS FLUSHED AND CLEANED COMMENTS: SUMP PUMP NO. 1: FLO ATS NO. 1: SUMP PUMP NO. 2: FLOATS NO. 2: SUMP PUMP NO. 3: FLOATS NO. 3: SUMP PUMP NO. 4: FLOATS NO. 4: SUMP PUMP NO. 5: FLOATS NO. 5: SUMP PUMP NO. 6: FLOATS NO. 6: SUMP PUMP NO. 7: FLOATS NO. 7: SUMP PUMP NO. 8: FLOATS NO. 8: SPARE PUMP: TROUGHS: F:WORD\MAERKLEDAMFLOATINGCOVER\F.C.BI-ANNUALINSPECTIONFORM MAERKLE DAM FLOATING COVER ANNUAL INSPECTION & CLEANING DATE: TIME: OPERATORS: COVER CLEANING, INSPECTION AND MAINTENANCE COMMENTS: F:WORD\MAERKLEDAMFLOATING COVER\F.C.ANNUALINSPECTION CLEANINGFORM MAERKLE DAM FLOATING COVER UNDERWATER INSPECTION DATE: TIME: OPERATORS: COMMENTS: UNDERWATER COLLECTION TROUGHS: AIR VENTS: HATCH ARE AS: OUTLET BUTTERFLY VALVES: GENERAL CONDITION: F:WORD\MAERKLEDAMFLOATINGCOVER\F.C.UNDERWATERINSPECTIONFORM