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Home My WebLink AboutPK Contractors Inc; 2002-07-22; 3675-2 Part 1 of 10DOC # 2OO4-O98O129 Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. I llllllll 111 lllll11111 Ill11 11111 111ll lllll1111111111111111111111111111 OCT 15,2004 8:29 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE PAGE 5 GREGOR'I' J SMITH, COUNTY RECORDER FEES u 00 1 f1ll111 Ylll111111111111111111 ll1111111 Ill11 Ylll1111 Ill11 1111 Ill11 11111 Carlsbad, CA 92008 ) Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. The undersigned is owner of the interest or estate stated below in the property hereinafter described. municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was completed on June 22, 2004. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the Carlsbad Water Recycling Facility, Project No. 3675-2. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), a c The name of the contractor for such work of improvement is PK Contractors, Inc. - CITY OF CARLSBAD Deputy Public Works Director VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Municipal Water District, 1200 Carlsbad The Board of Directors of said District on , 2004, accepted the above described work as completed and Village Drive, Carlsbad, California, 92008. ordered that a Notice of Completion be filed. October 5 I declare under penalty of perjury that the foregoing is true and correct. Executed on October 7 , 2004, at Carlsbad, California. FlTY OFPARLSBAD I LORR NE M. WOOD Secrefry , CITY OF CARLSBAD PROJECT: 3675-1, Carlsbad Water Recycling Facility CONTRACT CHANGE ORDER NO. 5 CONTRACT NO. 3675-2 ACCOUNT NO. 50570009060/36753921 CONTRACTOR: PK Contractors, Inc. ADDRESS: PO BOX 3807 Spokane, WA P.O. NO. P111846 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-2.2.3 Agreed Prices, SSPWC 2000, and the Provisions of this Contract, perform the following: Item 1: Deduct the procurement cost of the office furniture as specified in the Contract for a lump price of $2, 135.20. Decrease to contract cost. ......................................................... ($2, 135.20) Item 2: Deduct the cost of repair to the 1" potable waterline to the emergency eyewash station. Estimated decrease to contract cost ........................................... ($12,000.00) TOTAL ESTIMATED DECREASE TO CONTRACT COST ........................ ($14,135.20) .• Project: 3675-2, Carlsbad Water Recycling Facility Change Order No. 5 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER RECOMMENDED BY: l1Yl;~ 6/13/oS CONSTRUCTION MANAGER (DATE) e~& DEPUTY CITY ENGINEER (DATE} CITY ENGINEER FINANCE DIRECTOR DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR DEPUTY CITY ENGINEER, DESIGN (DATE) (DATE) APPROVED BY: CONTRACTOR (DATE) CITY MANAGER/ MAYOR (DATE) CITY OF CARLSBAD PROJECT: Carlsbad Water Recycling Facility CONTRACT CHANGE ORDER NO. 3 CONTRACT NO. 3675-3 P.O. NO. P111846 ACCOUNT NO. 50570009060/36752921 CONTRACTOR: PK Contractors, Inc. ADDRESS: PO BOX 3807 Spokane, Washington 99220 PHONE: (509) 536-7503 FAX: (509) 534-6957 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to subsection 3-2.2.3 Agreed prices, SSPWC 2000, and the Provisions of this contract, perform the following; Item 1: Provide all additional labor, materials and equipment to change Conduits 24 and 33 to rigid steel versus PVC schedule 40 as indicated in RFI #33 and PCO #13. Increase to contract cost. ....................................................... $ 9,610.30 Item 2: Provide all additional labor, materials and equipment to install a handrail at the Ferric Chloride Tank as indicated in Plan Clarification #12 and in PCO # 19. Increase to contract cost. ........................................................ $ 6,486.52 Item 3: Delete the final testing and start-up activities as detailed in PCO # 20. Decrease to contract cost. ..................................................... ($ 51,988.75) Project: 3637-3, Carlsbad Water Recycling Facility Change Order No. 3 Page 2 Item 4: Provide all labor, material and equipment to install the propane tank, piping and equipment modifications as shown in Plan Clarification #13 and PCO #21. Increase to contact cost. ...................................................... $ 6,002.47 Item 5: Provide all labor, material and equipment required to add pigment to the concrete at the maintenance strips and walkways as shown on sheet L-2 of the contract drawings. Increase to contract cost ........................................................ $ 1,562.90 Item 6: Provide the stainless steel model of the polymer drum scale as indicated in RFI # 188 and PCO # 24. Increase to contract cost ........................................................ $ 3166.34 Item 7: Provide all labor and material to provide instruments PDIT 0906-1&2 and AE/AIT 0904 as indicated in PCO # 23 and the RFI # 186 response from Black & Veatch. Increase to contract cost. ...................................................... $ 23,999.06 Item 8: Provide all labor, material and equipment to make adjustments to the handrail at the GMF influent channel to avoid conflicts with the canopy steel as indicated in PCO#25. Increase to contract cost. ....................................................... $ 425.17 Item 9: Provide all labor, material and equipment to install two Weir valves before the calibration columns on the SHC lines. Increase to contract cost. ...................................................... $ 851.33 Item 1 O: Provide all fees to obtain permit for installation of permanent water meter. Increase to contract cost ........................................................ $ 21,400.09 TOTAL INCREASE TO CONTRACT COST ................................. 21,515.43 .. • Project: 3675-2, Carlsbad Water Recycling Facility Change Order No. 3 Page 3 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY (3) THREE WORKING DAYS. RECOMMENDED BY: .~ 8/24-/04 CONSTRUCTION MANAGER (DATE) (DATE) (DATE) /2,L_b~Yw'°" CITY ENGINEER (DATE) ¼ "--H,J,._, 3(.,,,(0y ~NANCE DIRECTOR (DATE) \Ir} t~--- DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR DEPUTY CITY ENGINEER, DESIGN - ," CARLSBAD MUNICIPAL ., WATER DISTRICT San Diego County California CONTRACT DOCUMENTSy STATE WATER RESOURCES CONTROL BOARD BOILERPLATE, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR CARLSBAD WATER RECYCLING FACILITY VOLUME 1 OF 3 CONTRACT NO. 36752 February, 2002 CARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS, STATE WATER RESOURCES CONTROL BOARD BOILERPLATE, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR ,- CARLSBAD WATER RECYCLING FACILITY VOLUME 1 OF 3 CONTRACT NO. 36752 February, 2002 Item . . TABLE OF CONTENTS VOLUME 1 OF 3 CONTRACT DOCUMENTS Notice Inviting Bids .......................................................................................................................... 1 Contractor's Proposal ..................................................................................................................... 5 Equipment Material Source Information ....................................................................................... 10 List of Proposed Substitute EquipmenVMaterial .......................................................................... 11 Bid Security Form .......................................................................................................................... 12 Bidder's Bond to Accompany Proposal ........................................................................................ 13 Guidelines for Completing The "Designation Of Subcontractor Amount Of Subcontractor's Bid" And "Designation Of Owner OperatorRessor 8 Amount Of Owner OperatorlLessor Work" Forms ................................................................................................................................. 15 Designation Of Subcontractors & Amount Of Subcontractor's Bid .............................................. 17 Designation Of Owner Operator/Lessor & Amount Of Owner OperatorRessor Work ................ 18 Bidder's Statement Of Financial Responsibility ............................................................................ 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 PerformanceNVarranty Bond ........................................................................................... 34 Escrow Agreement For Surety Deposits In Lieu Of Retention (Optional) .................................... 36 _- ., " @Revised: 5/10/00 Contract No . 36752 . TOC i of xii TABLE OF CONTENTS Item . . STATE OF CALIFORNIA BOILERPLATE 1- 2- 3- 4- 5- 6- 7- 8- 9- 10 . State Wage Rate Clause .............................................................................................. BP-I Labor Code Section1776; Complete Payoll Records; Certified and Available ............... BP-1 Labor Code Section 1777.5; Employnent of Properly Registered Apprentices .............. BP-2 Labor Code Section 1810; Delnition: A Legal Days Work; .......................................... BP-4 Labor Code Section 1813; Penaltyfor Overtime On Any Public Works Contract ........... BP-4 Labor Code Section 1815; Mnirnum Overtime Pay ....................................................... BP-4 Labor Code Section 1860; Contract Prodsion ............................................................... BP-4 Labor Code Section 1861; Contractor Certiication to Labor Code Section 3700 ........... BP-4 Cultural Resources Protection ...................................................................................... BP-4 State MBUWBE Provisions; indudes Attachment A and Attachment B ........................ BP-6 WST BE SUBMITTED WITH BID TO BE RESPONSIVE 11 . The Subletting and Subcontracting Fair Practices Act ................................................. BP-13 12 . Equal OpportunityClause (40 CFR 60-8.4(b)) ............................................................. bp-13 I 13 . Nondiscrimination Clause ........................................................................................... BP-14 14 . Construction Contractors -Affirmative Action Requirements (41 CFR 60-4) ............... BP-15 15 . Elimination of Segregated Facilities ............................................................................ RP-19 16 . Certification of Non-Segregated Facilities ................................................................... BP-20 17 . Drug-Free Workplace CerNfication ................................................................................ 21 18 . Use of Debarred Contractors Prohibited ..................................................................... BP-~ 19 . Responsibility for Removal, Relocation. or Protection of Existing Utilities .................... BP-24 20 . Submitting of Bids and Agreeing to Assign (Government Code Section 4552) ............ BP-24 21 . Non-Collusion Affidavit (Public Contracts Code Section 7106) .................................... BP-25 22 . Affirmative Action and Equal Employment Opportunityminority participation table ...... BP-26 23 . Labor Code Section 6500 ........................................................................................... BP-27 24 . Public Contract Code Section 7105 ............................................................................ RP-27 25 . Public Contract Code Section 9203 ............................................................................ RP-28 (Government Code Section 4215) TO BE NOTARIZED AND SUBMITIED WITH THE BID (It is not necessatyto indude this table in the plans and spedcations) .,” QRevised: 5/10/00 Contract No . 36752 . TOC ii of xii TABLE OF CONTENTS .- Item - SUPPLEMENTAL PROVISIONS Part 1 Section 1 1-1 1-2 1-3 Section 2 2-3 2-4 2-5 2-9 2-10 Section 3 3-3 34 3-5 . . Section 4 4- 1 4-2 Section 5 5-1 5-4 5-6 Section 6 6-1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-1 0 7-1 3 7-a ... General Provisions Terms Definitions. Abbreviations And Symbols Terms ...................................................................................................................... 1 Definitions ............................................................................................................... 1 Abbreviations .......................................................................................................... 3 Scope And Control Of The Work Subcontracts ........................................................................................................... 3 Contract ................................................................................................................... 4 Plans And Specifications ........................................................................................ 4 Surveying ................................................................................................................ 7 Authority Of Board And Engineer ......................................................................... 10 Changes In Work Changed Condlttons 12 Extra Work 11 Disputed Work ...................................................................................................... 13 Control Of Materials Materials And Workmanship ................................................................................. 15 Materials Transportation. Handling And Storage ................................................. 16 Utilities ................................................................................................................... 16 Location ................................................................................................................. 16 Relocation ............................................................................................................. 16 Cooperation ........................................................................................................... 17 ............................................................................................................ ............................................................................................. .. Prosecution. Progress And Acceptance Of The Work ......................................... 17 Construction Schedule And Commencement Of Work ........................................ 17 Delays And Extensions Of Time ........................................................................... 23 Prosecution Of Work ............................................................................................. 22 Time of Completion ............................................................................................... 23 Completion And Acceptance ................................................................................ 23 Liquidated Damages ............................................................................................. 23 Responsibiliiies Of The Contractor ....................................................................... 24 Workers' Compensation Insurance ...................................................................... 24 Permits .................................................................................................................. 24 Project Site Maintenance ...................................................................................... 24 Public Convenience And Safety ........................................................................... 25 Laws To Be Observed .......................................................................................... 29 Liability Insurance ................................................................................................. 24 Cooperation and Collateral Work ......................................................................... 24 GRevised: 5/10/00 Contract No . 36752 . TOC iii of xii .. Item - Section 8 8-2 8-6 Section 9 9-1 9-3 Part 2 Section 200 200- 200-2 Section 201 201-1 Section 203 203-6 Section 204 204-1 Section 206 .- 206-7 206-8 Section 207 207-25 Section 208 208-1 Section 209 208-1 208-2 200-6 208-7 209-8 Section 21 0 210-1 2 1 0-3 Section 212 212-1 . 212-2 21 2-3 TABLE OF CONTENTS Facilities For Agency Personnel Field Office Facllltles ............................................................................................. 29 ... Basis Of Payment ................................................................................................. 30 Measurement & Payment Measurement Of Quantities For Unit Price Work ................................................. 30 Payment ................................................................................................................ 30 Construction Materials Rock Materials Rock Products ......................................................................................................... 1 Untreated Base Materials ....................................................................................... 2 Concrete. Mortar And Related Materials Portland Cement Concrete ..................................................................................... 2 Bituminous Materials Asphalt Concrete .................................................................................................... 2 Lumber And Treatment With Preservatives Lumber And Plywood .............................................................................................. 3 Miscellaneous Metal Items Traffic Signs ............................................................................................................ 3 Light Gage Steel Tubing And Connectors .............................................................. 6 Pipe Underground Utility Marking Tape .......................................................................... 7 Electrical Components Electrical Components ............................................................................................ 8 Signals, Lighting And Electrical Systems General .................................................................................................................... 9 Materials And Installation ...................................................................................... 13 Lighting .................................................................................................................. 33 Removing, Reinstalling Or Salvaging Electrical Equipment ................................. 39 Payment ................................................................................................................ 39 Paint And Protective Coatings Paint ...................................................................................................................... 40 Galvanizing ............................................................................................................ 41 Landscape and Irrigation Materials Landscape Materials ............................................................................................. 42 Irrigation System Materials .................................................................................... 47 Electrical Materials ................................................................................................ 49 QRevised: 5/10/00 Contract No . 36752 . TOC iv of xii . /’. . Item TABLE OF CONTENTS Section 213 Engineering Fabrics 213-2 Geotextiles ............................................................................................................ 50 213-3 Erosion Control Specialties .................................................................................... 51 Section 214 Pavement Markers 214-5 Reflective Pavement Markers ............................................................................... 51 Part 3 Construction Methods Section 300 Earthwork 300-2 Unclassified Excavation .......................................................................................... 1 300-3 Structure Excavation And BacMill ........................................................................... 3 300-4 Unclassified Fill ....................................................................................................... 3 300-5 Borrow Excavation .................................................................................................. 4 300-9 Geotextiles For Erosion Control And Water Pollution Control ............................... 5 300-1 Clearing And Grubbing ........................................................................................... 1 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation ............................................................................................. 6 302-1 Oiled Roadways and Shoulders ............................................................................. 6 Section 302 Roadway Surfacing - 302-3 302-5 ................................................................. Asphalt-Rubber Chip Seal Or Interlayer 6 Asphalt Concrete Pavement ................................................................................... 6 Section 303 Concrete and Masonry Construction 303-1 Concrete Structures ................................................................................................ 7 303-2 303-5 Air-Placed Concrete 8 Concrete Curbs. Walks, Gutters, Cross Gutters, Alley Intersections, ................................................................................................ Access Ramps, And Driveways .............................................................................. 8 306-1 Open Trench Operations ........................................................................................ 8 Section 306 Underground Conduit Construction 306-5 Abandonement Of Conduits And Structures ........................................................ 12 Section 307 Street Lighting And Traffic Signals 307-3 Street Lighting Construction ................................................................................. 12 Section 308 Landscape And Irrigation Installation 308-4 Planting ................................................................................................................. 13 308-5 Irrigation System Installation ................................................................................. 16 308-6 Maintenance And Plant Establishment ................................................................. 17 308-7 Guarantee ............................................................................................................. 18 308-8 Measurement And Payment ................................................................................. 21 310-5 Painting Various Surfaces .................................................................................... 21 308-2 Earthwork And Topsoil Placement ....................................................................... 12 ” Section 310 Painting 31 0-7 ............................................................................................... Section 312 Pavement Marker Placement And Removal Permanent Signing 22 QRevised: 5/10/00 Contract No . 36752 - TOC v of xii Item I" - TABLE OF CONTENTS ............................................................................................................. 312-1 placement 23 Section 313 Temporary Traffic Control Devices .................................................................. 313-1 31 3-2 31 3-3 Temporary Traffic Pavement Marken 23 Temporary Traffic Sfgnlng 24 Temporary Railing (Type K) and Crash Cushions ................................................ 24 31 3-4 Measurement and Payment 26 .. .................................................................................... .................................................................................. APPENDIX Appendix A ....................................................................................................... Geotechnical Report Appendix B ......................................................................................................... Standard Drawings Appendix C .......................................................................... Storm Water Pollution Prevention Pian Appendix D ......................................................................................... Coastal Development Permit Appendix E Cond.lonal Use Permit .. ................................................................................................... VOLUME 2 OF 3 TECHNICAL SPECIFICATIONS - RECYCLED WATER FACILITIES Division Section Title Division 01 General Requirements 01015 01 070 Project Requirements 01300 Abbreviations 01380 Submittals 01400 Construction Photographs 01605 Quality Control 01610 General Equipment Requirements 01614 General Equipment Stipulations 01630 Handling and Storage 01650 Pipeline Schedule Startup Requirements GRevised: 5/10/00 Contract No. 36752 - TOC vi of xii TABLE OF CONTENTS .-~ Division Section Title Division 02 Sitework 02200 Earthwork 02606 Manholes Vault Covers and Accessories 02628 Polyvinyl Chloride (PVC) Gravity Pipe 02630 PVC Pressure Pipe 02675 Cleaning & Disinfection Water Distribution System 02702C Sewer Pipe Installation and Testing 02704 Pipeline Pressure and Leakage Testing Division 03 Concrete 03300C Cast in Place Concrete- Construction 03300P Cast in Place Concrete- Procurement 03600 Grout 03710 Concrete Crack Repair Division 04 Masonry .- Division 06 Metpis 05520 Handrailing Guardrailing and Ladders 05530 Grating and Trench Covers 05550 Anchorage in Concrete and Masonry 05990 Structural and Miscellaneous Metals Division 06 Wood and Piastics 06600 Fiberglass Reinforced Plastic Fabrications Division 07 Thermal and Moisture Protection 07160 07920 Dampproofing Sealants and Calking Division 08 Doom and Windows Not Used Division 10 Specialties Not Used QRevised: 5/10/00 Contract No. 36752 - TOC vii of xii TABLE OF CONTENTS ” Division Section Title Division - 11 Division 12 Furnishings Not Used Division 13 Special Construction 131 9OP FRP Chemical Storage Tanks 13192 13199 Welded Steel Chemical Storage Tanks 13500 Chemical Storage Tank Installation 1351 0 Plant Control System 13520 Computer System Hardware 13530 Computer System Software 13550 Programmable Logic Controllers 13560 Software Control Block Descriptions 13561 Instrumentation General Requirements 13562 Panel Mounted Instruments 13563 Flow instruments Pressure and Level Instruments 13564 Analytical Instruments 13565 Miscellaneous instruments 13570 13580 Panels, Consoles, and Appurtenances Uninterruptible Power Supply Division 14 Conveying Systems Division 16 Mechanical Not Used 15051 15060 Piping General Requirements Miscellaneous Piping 15061 Ductile Iron Pipe 15065 Stainless Steel Pipe and Fittings 15066 PVC Pipe Double Wall Chemical Pipe System 15062-1 QRevised: 5/10/00 Contract No. 36752 - TOC viii of xii TABLE OF CONTENTS Division Section Title 15067 Miscellaneous Plastic Pipe, Tubing, and Accessories 15093 Check Valves 15098 Plug Valves 15100 Valves and Appurtenances 15100-1 Miscellaneous Valves 15101 Buttemy Valves 15140 Pipe Hangers and Supports 15180 Valve and Gate Actuators 15067-1 Alloy 20 Pipe and Fittings Division 16 Electrical 16050 Electrical 16150 Adjustable Frequency Drives 16220 General Purpose Induction Motors 16425 Switchboards I6480 600 Volt Class Motor Control Centers VOLUME 3 OF 3 TECHNICAL SPECIFICATIONS - OPERATIONS. ELECTRICAL. AND CANOPY STRUCTURES Division Section Title Division 01 General Requirements 01410 Testing Laboratory Services 01421 Roofing Inspection Services 01630 Product Options and Substitutions 01730 Operations and Maintenance Data 01 900 Seismic Bracing and Anchoring Division 02 Sitework 02010 021 50 Subsurface Investigation 02220 Shores 02280 Excavating, Backfilling, and Compacting 02521 Soil Treatment 02830 Architectural Concrete Paving 02835 Chain Link Fences Electrical Gate Operators, Gates, and Ornamental fencing Division 03 Concrete 03000 03345 Cast in Place Concrete .- Concrete Finishing Division 04 Masonry 04200 Concrete Masonry QRevised: 5/10/00 Contract No. 36752 - TOC ix of xii TABLE OF CONTENTS Division Section Title Division 05 Metals 051 20 Structural Steel Division 06 Wood and Plastics 061 00 06180 Rough Carpentry 06240 Glue Laminated Beams 06400 Plastic Laminate Architectural Woodwork Division 07 Thermal and Moisture Protection 071 10 Membrane Waterproofing 07210 Building Insulation 07410 Preformed Metal Roofing 07530 Membrane Roofing and Waterproofing 07600 Flashing and Sheet Metal 07920 Sealants and Calking Division 08 Doors and Windows 081 10 Metal Doors and Frames 081 22 Aluminum Door and Window Frames 08213 Plastic Faced Wood Doors 0841 0 Aluminum Entrances and Storefronts 08331 Overhead Coiling Doors 08520 Aluminum Windows 08710 Finish Hardware 08800 Glazing Division - IO Specialties 10120 10165 Tackboards 10400 Laminated Plastic Toilet Partitions 10501 Identifying Devices 10520 Wardrobe Lockers 10800 Fire Extinguishers and Cabinets Toilet Room Accessories Division I1 Equipment 11132 Projection Screens QRevised: 5/10/00 Contract No. 36752 - TOC x of xii ~, , .rL. TABLE OF CONTENTS -. Division Section Title Division 12. Furnishings 12620 Furniture ~~~ Division 13 Special Construction Not Used Division 14 Conveying Systems Not Used Division 15 Mechanical 15300 Automatic Fire Sprinkler System 15405 Plumbing 15450 15460 Plumbing Equipment Plumbing Fixtures and Trim 15800 Heating, Ventilating, and Air Conditioning I5400 Plumbing General Provisions Division 16 Electrical 16050 Basic Electrical Materials and Methods 16060 Grounding and Bonding 16071 Seismic Controls for Electrical Work 16120 Conductors and Cables 16130 Raceways and Boxes 16140 Grounding and Bonding 16145 Seismic Controls for Electrical Work 16441 Conductors and Cables 16442 Ramys and Boxes 16511 Interior Lighting GRevised: 5/10/00 Contract No. 36752 - TOC xi of xii INFORMATION FOR CONTRACTOR A. TO OBTAIN A COPY OF CURRENT PLAN HOLDERS LIST PHONE (760) 602-2720 QReviSed: 5/10/00 Contract No. 36752 - TOC xii of xii Contract Documents ,- CONTRACT DOCUMENTS CONTRACT NO. 36752 .- CARLSBAD MUNICIPAL WATER DISTRICT NOTICE INVITING BIDS Sealed bids will be deposited in the Bid Box located in the first floor lobby of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California, 92008-7314, until 4:OO P.M. on the 11th day of April, 2002, at which time they will be opened and read, for performing the work as follows: CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY The work shall be performed in strict conformity with the specifications as approved by the Board of Directors of the Carlsbad Municipal Water District on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction Edition and supplements thereto, all hereinafter designated 'SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract and the Technical Specifications. Reference is hereby made to the plans and specifications for full particulars and description of the work. The Bid Period shall be a minimum of thirty (30) days between Bid Advertisement and Bid Opening. If these Contract Documents contain a Bid Period less than 30 days, the Bid Opening date shall be delayed to a date and time meeting this requirement. The Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers. fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The Carisbad 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 or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the District to ensure securities to be deposited with the District or a state or federally chartered bank in California as the performance under this Contract. Section 10263 of the Public Contract Code requires monies or the agent in connection with the handling of retentions under this section in an amount not'less than escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of $1 00,000 per contract. @Revised: 5/10/00 Contract No. 36752 Page 1 of 38 ,.- The documents which comprise the Bidder's proposal and that must be completed and properly executed, including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner OperatodLessors 8 Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial 7. Bidder's Statement of Technical Ability and 8. Acknowledgment of Addendum@) Responsibility Experience 9. 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 IO. Bidder' s Statement Re Debarment 11. Bidder's Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 'Pursuant to California Public Contracts Code section 4104(a)(2)(A) portions of the information required on documents numbers four and five, above, may be submitted by the Bidder up to twenty- four (24) hours after the deadline for submitting bids contained in this "Notice Inviting to Bid". All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $10,000,000. Except as provided herein a bid submitted to the Ci 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 Ci. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of California law. Where federal funds are involved the contractor shall their license number, expiration date and classification in the proposal, under penalty of perjury. This be properly licensed at the time the contract is awarded. In all other cases, the contractor shall state invitation to bid does involve federal funds. The following classifications are acceptable for this contract:. CLASSIFICATION FOR CONTRACTORS ARE: A - General Engineering 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. Sets of plans, special provisions, and Contract documents may be obtained at the Cashier's Counter on the first floor lobby at the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $200 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to award of the contract neither addltlon to, modification of nor interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbadpor may any bidder rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore speclfied. - GRevised: 5/10/00 Contract No. 36752 Page 2 of 38 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. 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 District 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. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the - basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price will be required for work on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total total amount payable does not exceed five million dollars (5,000,000). amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the District until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets to be accompanied by the following documents: exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are 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. - %vised: 5/10100 Contract No. 38752 Page 3 of 38 ,,- 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: 2) Are admitted and authorized to transact the business of insurance in the State of California by the 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Insurance Commissioner. 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 Board of Director's is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the or third lowest bidder and the bid security of the lowest bidder may be forfeited. Contractor fails to comply with these requirements, the District may award the contract to the second 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 of the City of Carlsbad, California, by Resolution No 11 39. adopted on the 12bav of February. 2002. _- QRevised: 5/10/00 Contract No. 36752 Page 4 of 38 , .- CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 1635 Faraday Avenue 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, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 36752 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that hekhe will take in full payment therefor the following unit prices for each item complete, to wit: No. Item 1 - 4 c 2 3 SCHEDULE I: FACILITY CONSTRUCTION Approximate Quanti Unit Mobilization and preparatory LS work at a lump sum amount (Lump Sum) The costs of mobilizing the Bidder's operation to begin the Work. Allowable mobilization costs shall be limited to bonds, insurance, temporary facilities and office at the site, relocation of personnel and equipment, and initial project management efforts and further shall not exceed one percent of the total amount of the Bid. Sheeting and Shoring LS $/Of),dddA $ /a,&+ at a lump sum amount (Lump Sum) All sheeting, shoring, bracing or all other facilities necessary for the protection of life and limb in accordance with applicable California laws, rules, and regulations. Traffic Control Plan at a lump sum amount (Lump Sum) LS The costs of traffic control plan preparation and approval, and all barriers, signage, the project. equipment, and labor necessary for implementing traffic control throughout the duration of GRevised: 5/10/00 Contract No. 36752 Page 5 of 38 “ . 4 Carlsbad Water Recycling LS Facility at a lump sum amount (Lump Sum) All other work required for completion of the project excluding those work items included in Bid Items 1, 2, and 3. - Total arnount’of bid for Schedule 1 in words: Total amount of bid for Schedule 1 in numbers: $ g, 733 $59 Price@) given above are firm for 90 days after date of bid opening. .- QRevised: 5/10100 Contract No. 36752 Page 6 of 38 c Price@) given above are firm for 90 days after date of bid opening and do comprise the contract Unit Prices for the Work. Addendum(a) No($. 1,2,3 &4,s, b hadhave been received and Mare 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 of the City of Carlsbad, 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 500594 , classification A,B,HAZ ' which expires on , and that this statement is true and correct and has the legal effect of DECEMBER 31, m/ an affidavit. A bid submitted to the Dktrici'by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the city the contract is awarded, the contractor shall be properly licensed. Public Contract Code 5 10164. by the failure of the bidder to be licensed in accordance with California law. However, at the time The Undersigned bidder hereby represents as follows: 1. That no Board of Directors member, officer, agent, or employee of the Carlsbad Municipal Water District is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is BOND (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. -~ to the general prevailing rate of wages for each craft or type of worker needed to execute the The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter I, Article 2, relative Contract and agrees to comply with its provisions. - § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated @Revised: 5/10/00 Contract No. 36752 Page 7 Of 38 - 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. 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. IF A CORPORATION. SIGN HERE: (I) Name under which business is conducted PK CONTRACTORS I INC. FNT I/ (Title) - impress Corporate Seal here 1.. ... ... ... 7 ... *) WRevised: 5/10/00 Contract No. 36752 Page 8 of 38 - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED KURT MYRON, KNOWN OR INDENTIFIED BY ME. Ad -c+- NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON - RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 ," (3) Incorporated under the laws of the State of WASHINGTON (4) Place of Business P.O. BOX 3807 (Street and Number) City and State spnm (5) Zip Code 99220-3807 Telephone No. (509) 536-7503 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership. list names of all general partners, and managing partners: KURT MYRON (PRESIDENT) MARK PEDERSON (VICE PRESIDENT) STAN HORTON (SECRETARY) QRevised: 5/10/00 Contract No. 36752 Page 9 of 38 EQUIPMENTIMATERIAL SOURCE INFORMATION TO ACCOMPANY PROPOSAL CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY The Bidder shall indicate below which Manufacturer the Bidder intends to use to furnish under the Bid, each item of equipment or material listed on this form by writing in one of the named suppliers specified in the Technical Specifications for that equipment or material (proposed substitutes may be listed on the Proposal Substitute EquipmentlMaterial Supplier List form but will only be considered after award of the Contract). If no supplier is named in the Technical Specifications, the Bidder may list any supplier whose product meets all of the requirements and technical criteria specified. The listing of more than one supplier for each equipmentlmaterial to be furnished with the words “and/or” will not be permitted. Failure to comply with this requirement may render the Bid non-responsive and may cause its rejection. EquipmenffMaterial I 11 15 Horizontal End Suction Pumps 11 185. Submersible Pumps Manufacturer (List Only One) - .... . .. CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY The Bidder proposes the following substitute or "or equal" products identified below: Specification Substitute Supplier Section EquiprnenVMaterial Name County of 1. Dupage 2. Blackhawk 3' Amoco f 3,168,000 -. .. 1 l,l52,000 Owner Brad Jordan Nancy Gossett Ray Wangler >hone No. 630-964-7207 425-415-2904 701-667-2554 IDENYIFKED RO SERVlCE ORGANIZATION Indeck Water Treatment Systems Wheeling, Illinois 60090 r 800-446-3325 (Carlsbad Water) (Recycling Facility) (100% Subrnitlal) 11340 - 38 - APPENDIX B ROEM QUA1,IFICATIONS (Must be Submitled with Bid Proposal) Note: ROEM mmr providc [he following information validating quallfications and experience for twn (2) Reverse Osmosis Projects as defined in Section 11340 ~. Brad Jordan Darien, Illinois 1 [Blackhawk CoGeneration Facility - ~" 1 Jrger, TX Operating Nancv Gossett - .831 - N orth Creek Pkwy %I Bothell, WA 4 15 " -415-2904 425-415-3095 (Carlsbad Water) (Recycling Facility) (100% Submittal) 11340 APPENDIX B - 37 - WWECO PAGE 2 .. I .. . , : ., ,.i, . ,. . . , . : , . . . ,. :...: I .. , ., .. .. .. .. . .. . .. .. .. ., . : 'ON 3MHd .. .. .. .. .. ... .. .- . . ., , . . . . : 'CN WHd Name: ' ,.': CBRIS CLAESSEN .. ,Yean'of . . Experience: ' 20 YEARS REFERENCES ~~ Name 1 System Capacity 1 Owner , .. .~. , ,. I ,Yean'of . . Experience: ' REFERENCES 20 YEARS Name Owner " Teleene No. Wert Basin Reclamation Facll1:y (760) 736-3200 i- Teleene No. 1. Richard Sudsk 2.5 MGD Wert Basin (760) 736-3200 Reclamation Faclll y 1.5 MGD .Rodanthe, NC Rodanthe, WTP (813) 9e7-9473 3. Ian Howkins 0.8 MGD NAWRF (616) 554-4661 Gwinnetr County Georgia (MeKcalf & Eddy) t IDENYIFIED RO SEKVlCE ORCANfZATION IN CALIPORNIAr WRICAN ENGINEERING SERVICES, INC. VISTA, CA 92083 480 RANCllO VISTA ROAD JOHN KLINGBEIL Tel (760) 414-9670 Fax (760) 414-9875 P. 02 (Carlsbad Water) (Recycling Facility) (100% Submittal) 1 1340 -38- APPENDIX 8 KOKM QUALlFlCATlONS (Must he Submitted with Bid Proposal) Note ROEM mzrs! provide thc !'illowing information validating qualifications and experience for IWO (2) Revcrsc Osmosis Projccts as drtined in Scction 11340. (Carlsbad Water) (Recycling Facility) (100% Submittal) 11340 -37- APPENDIX B . 4PR-23-2002 TUE 09:lO AM AMERICAN ENGINEERING SVC FAX NO. 8136214085 ROEM QUALIFICATIONS (Must be Submitted with Bid Proposal) P. 02/03 Note: ROEM mu^/ provide the following informalion validating qudifications,and cxperiencr for two (2) Rcverse Osmosis Projects as defined in Section 11340. (Carisbad Water) (100% Submittal) [Recycling Facility) 11340 -37- APPENDIX E 949 458 5500 P.04104 I OVER @“YEARS - INCLUDING MANAGEMENT OF 2. ARLINGTON j DESALTER 12 MCD R/O A 3. COLLIER COUNTY FL. 12 MGD R/O u (NORTH PLANT) ‘I IDENYIFlED RO SERVICE ORGANIZATlON OCEANSIDE SAWPA ENG: CDM/SPI ! COLLILR COUNTY ENG: BOYLE/ ROSTEK I 1 SEVERN TRENT SERVICES - UAT BACA - MARLIi ESPINO ~ 2660 COLUMBIA STREET TORRANCE, CALIFORNIA 90503 (Carlsbad Water) (Recycling Facility) (100% Submittal) 11340 -38 - APPENDIX B TOTAL P.04 RPR-22-2882 12:33 MISCO SOUTHWEST 949 458 5500 P.03/04 .7 MGD & 1 MGD . ii HASSAM MOUSSA EL AKKAD ST. 1 P.D. BOX 11314 HO SANTA CRUZ CAMULA, MEXICO (Carlsbad Water) (Recyclmg Facility) (100% Suamittal) 11340 .37 - APPENDlX 8 AEWT USA PAGE 04 PROPOSED PROJECT MANAGER IDEMIIFIED RO SERVICE ORGANIZATION (Carlsbad Water) (Rkycling Facility) (100% Submittal) : ! 11 340 - 38 - APPENDIX B PAGE 05 ROEM QUALIFICATIONS (Must be Submitted with Bid Proposal) vote: ROEM must provide the following information validating qualifications and experience for two (2) Reverse Osmosis Projects as defined in Section 11340. '99 (Carlsbad Water) (Recycling Facility) (100% Submittal) 11340 -37- APPENDIX B 04/22/2002 12:17 626-432-6632 AEWT U5A PAGE 02 $ '. Advanced Environmental Water Technologies, Inc. ,;, Reference: City of Carlsbad Carlsbad Water Recycling Facility Project No. 3675-2 Specification Section 11340: Reverse Osmosis fRO) Treatment Svstern, paraaraph 1.01 Qualitv Assurance. D.1. ROEM Qualifications Our Bid No: SSBW-4149 1. ROEM References sdale, Scottsdale Water Campus >ttsdale, Arizona 358 I: 6 MGD 3se 2: 4 MGD 3se 1: May 1999 3se 2: June 1999 ?, AZ 85255 ualapai Drive '250 ex 5881 AEWT USA PAGE a3 Phone: (626) 4326630 Fax: (626) 432-6632 Emall: sjxk.sm@IhinEizO.rnm http:i~.~lnkHzO.mrn ! i- N_rr PROPOSED PROJEO MANAGER Y3 I t I I 11340 -38- APPENMX B ROEM QUALlFICAl'lONS (Must be 8ubaied witb Bid Prapo~l) 93 ,- 11340 -37 - APPENDIX B 11340 -37- APPENDIX B I” BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY (NOTE: The following form shall be used if check accompanies bid.) If CARLSBAD Accompanying this proposal is a ‘Certified ‘Cashiers check payable to the order c 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 withdraw his or her bid within the period of feeen (15) days after the date set for the opening thereof, proceeds of this check shall also become the property of the District if the undersigned shall 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.) GRevised: 5/10/00 Contract No. 36752 Page 12 of 38 BIDDERS BOND TO ACCOMPANY PROPOSAL CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY KNOW ALL PERSONS BY THESE PRESENTS: as Surety are held and firmly bound unto the Carlsbad Municipal Water California: lox OF THE MAxlm BIfbr which payment. well and truly made, we bmd ourselves, our in an amount as follows: (must be at least ten percent (10%) of the bid amount) heirs, executors and administrators. successon or assigns, jointly and severally, flnly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if tho proposal of the above bounden Principal for: CARLSBAD WATER RECYCLING FACILITY CONTRACT NO. 36752 in the City of Carlsbad, is accepted by the Board of Diredon, and if the Principal shall duly enter into the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District of and execute a Contract including required bonds and insurance policies within twenty (20) days ftbm the Ci of Carlsbad, being duly notihd of said award, then this obligatbn shall become null and b. forfeited to the said District. That m, PK CONTRACTORS, INC. TRAVELERS CASUALTY AND SURETY , as Principal, and COMP L void; othemrise, it shall be and remain in full force and effect, and the amount specifd herein shall .... .... .... .... .... .... .... - .... “ of Executed by PRINCIPAL this April PRINCIPAL: PK CONTRACTORS, INC. (name of Principal) KURT MYRON I/ (print name here) “ PRESIDENT (Titre and Organization of Signatory) Emuted by SURETY this 11 th day of April , l92002 SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF (name of Surety) AMERICA P.O. Box 2151,Spokane, Wa. 99210 (address of Surety) (509) 358-3900 (telephone numk of fi Surw) BY: (signature of Attorney-In-Fad) By: U. - \A (sign here) Lois Stewart STAN HORTON (printed name of Attorney-in-Fact) (print name here) L SECRETARY (Attach corporate resolution showing current powbr of attorney.) (tie and organbation of signatory) (Proper notarial acknowledge of exeartion by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corpomons. If only one omcer signs, the corporation must attach a wolution certified by the SeecmUfY or assistant secretary under corporate seal empowering that OfRCer to bind the corporation.) (If signed by an individual partner, the pamenhip must attach a statement of partnenhip authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL Genmral Counsel State of Washington ) County of Spokane ) I certify that I know or have satisfactory evidence that o~authorized to sign the signed this document; document ana acknowledged it as the agent or representative of the named surety company which is authorized to do business in the states of Washington and California, for the purposes mentioned in this document. ,- DATED on April 11, 2002 _- TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMJNGTON CASUALTY COMPANY . ., . Hartford, Connecticut 06183-9062 .- POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY@)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, presents make, constitute and appoint: Charla M. Boadle, Chris Larson, George C. Scbroeder, Joanne Tonani, Lois Stewart, County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these W.W. Weller, Wm. Dinneen, of Spokane, Washington, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following jnstrument(s): by hidher bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companizs, thereby as fully sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a and to the same extent as if the same were signed by the duly authorized officers of the Companies, and ali the acts of said Atlorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-inFact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other witings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President ”may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is 1 writing and a copy thereof is tiled in the office of the Secretary VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional underlaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their cextificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and underlakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (1 1-00 Sfandard) m WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 5th day of February 2002. 1 STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY On this 5th day of February, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the sworn, did depose and say: that hdshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF corporations described in and which executed the above instrument; that hdshe knows the seals of said corporations; that the seals fixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of hidher ofice under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Offce of the Company, in the City of Hartford, State of Connecticut. Dated this 11 th day of April. 20 02. BY Kori M. Johanson Assistant Secretary, Bond - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17TH DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPEARED STAN W HORTON, KNOWN OR INDENTIFIED BY ME. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED KURT MYRON, KNOWN OR INDENTIFIED BY ME. L-2 -G x- /--\ NOTARY PUBLIC IN ANb FOR THE STATE OF WASHINGTON - RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 ATTACHMENT A MINORITY BUSINESS ENTERPRISEMOMEN BUSINESS FILE. ENTERPRISE INFORMATION IS ON- MINORITY BUSINESS ENTERPRISENOMEN BUSINESS ENTERPRISE INFORMATION A'ITACHMENT B SWRCB DIVISION OF CLEAN WATER PROGRAMS LOAN RECIPIENi3 NAME CONTRACT NO. OR SpEcmCATlON NO. CITY OF CARLSBAO, CA 36752 PROECI DESCRIPTION F'ROECI LOCATION WATER RECYCLING FACILITY CARLSBAO CALIFORNIA PRIME CONTRACTOR INFORMATION NAME AND ADDRESS (Include ZIP code. MIB. & SSN) PK CONTRACTORS INC PO B050@I16ZF&jNE WA 99220-3807 AMOUNT OF CONTRACT 0 MBE 0 WEE PHONE MBEMrBE INFORMATION 0 MBE 0 WEE NAME AND AMlRESS Oncludc ZIP code. DOB. C SSN) 0 SUBCONTRACTOR 0 JOINTVENTURE I 0 BROKER I 0 SUPPLIERlSERVICE AMOUNT OF CONTRACT WORK TO BE PERFORMED PHONE 0 MBE 0 WEE 0 SUPPLIEIUSERVICE 0 SUBCONTRACTOR 0 JOINT VENTURE 0 BROKER AMOUNT OF CONTRACT mNE WORK TO BE PERFORMED 0 MBE 0 WEE NAME AND ADDRESS (Imludr ZIP Code. DOE. C SSN) NAME AND ADDRESS (InCludc ZIP code. OOB. & SSM 0 SUBCONTRACTOR 0 JOINTVENTURE I 0 BROKER I O SUPPLIwsERvlCE AMOUNT OF CONTRACT WORK TO BE PERFORMED m0NE NAMEANDADDRESS(lncIudcZIPCodc,DOB.CSSN) 0 MBE 0 WEE 0 SUPPLIEIUSERVICE 0 SUBCONTRACTOR 0 JOINTVENTURE 0 BROKER AMOUNT OF CONTRACT PHONE WORK TO BE PERF- TOTALMBE AMOUNT: $ 0 TOTAL WBE AMOUNT: $ 8 ACTUAL MBE PARTICIPATION: 0% ACTUAL WBE PARTICIPATION - 0% MBE GOAL: -9 COh4PLETING FORM: SIGNATURE OF PERSON TITLE: PRESIDENT p~0&09-536-7503 DATE:4/17/02 FORM 4rnB (re" 1RI) c BP- 12 March 17,2000 - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED KURT MYRON. KNOWN OR INDENTIFIED BY ME. LJ "A .. NOTARY PuBLICbN AND FOR THE STATE OF WASHINGTON ." RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 (I) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or ordm of the Secretary of Labor issued pursuant to section 204 of Executive Order 1 1246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions threatened with litigation with a subcontractor or vendor, as a result of such direction by the administering agency, including sanctions for noncompliance: Provided however, That in the event a contractor becomes involved in, or is the contractor may request the United States to enter into such litigation to protect the interests of the United States. (7) The contractor will include the sentence immediately preceding paragraph (I) and the provisions of paragraphs 13 - NONDISCRJMINATION CLAUSE NONDISCRIMINATION CLAUSE 1. During the performance of this contract, contractor and its subconeactors shall not unlawfully discrimi against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontracton shall insure that the evaluation and treatment of their employees and applicants for employment are he of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et sq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 or the California Administrative Code are incorprated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractor shall give written notice of their obligations under this clause to - labor organizations with which they have a collective bargaining or other agreement. 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. THE UNDERSIGNED CERTIFIES THAT THE CONTRACTOR WILL COMPLY WITH THE ABOVE REQUIREMENTS. CONTRACTOROR SUBCONTRACTOR NAME: PK CONTRACTORS INC CERTIFIED BY: SIGNATURE: DATE. 04-17-02 BP- 14 March 17,2000 .- STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED KURT MYRON, KNOWN OR INDENTIFIED BY ME. -2 L A 3CL L NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON .- RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 16 - CERTIFICATION OF NON-SEGREGATED FACILITIES Environmental Protection Agency Region M 75 Hawthorne Street San Francisco, California 94105 CERTIFICATION OF NON-SEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity Clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal opportunity Clause in this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and wash rooms, restaurants and other eating areas, time clocks, locker rmms and other storage or dressing areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The proposed subcontractors for specified time period) he will obtain identical certifications from proposed federally assisted construction contractor agrees that (except where he has obtained identical certifications hm the Equal Opportunity ClauseHhe will retain such certifications in his files. subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt form the provisions of 04-17-02 Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. .March 17,2000 BP-20 - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED KURT MYRON, KNOWN OR INDENTIFIED BY ME. L"J - LTC2L-d NOTARY PuBLICb4 AND Fm THE STATE OF WASHINGTON RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 17 - DRUG-FREE WORKPLACE CERTIFICATION .- DRUG-FREE WORKPLACE CERTIFICATION The contractor or applicant named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or applicant will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or as required by Government Code Section 8355(a). use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, 2. Establish a hug-Free Awareness Program as required by Government Code Section 8355@), to inform employees about all of the following: (a) The dangers of drug abuse in the workplace, (b) The person’s or organization’s policy of maintainiing a drug-fiee workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or loan: (a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract I or loan. CERTIFICATION I, the official named below, hby swear that I am duly authorized legally to bind the contractor or loan recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penally of perjury under the laws of the State of California. OFFICIAL’S NAME: KURT MYRON DATE EXECUTED: 04-17-02 OF SPOKANE, WASHINGTON ~NTRACTOR/APPLICANT SIGNATURE: TITLE: PRESIDENT March 17,2000 BP-21 .- STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED KURT MYRON, KNOWN OR INDENTIFIED BY ME. NOTARY PUBLIC TATE OF WASHINGTON L RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 21 ~ NON-COLLUSION AFFIDAVIT PUBLIC CONTRACTS CODE SECTION 7106 .- NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMImD WITH BID State of UN County of WANE 5s QBSHSNETON KURT MYRON ; being fust duly sworn, deposes and says that he or she is PRESIDENT of PK CONTRACTOR INC the party making the foregoing bid. that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, ". .. company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refiaiin f?om 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 fm 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 breakdorm thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof the effectuate a collusive or sham bid. - /A persodly known to to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to and acknowledged to me that he/she/they executed the same in hishedtheir authorized capacity(ies), and that by hishedtheir signaluresb) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. ,- March 17,2000 BP-25 __ City of Carlsbad March 5,2002 ADDENDUM NO. 1 RE: CARLSBAD WATER RECYCLING FACILITY CONTRACT NO. 3675-2 This addendum-receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. Please replace the attached page (TOC xii of xii) in Volume 1 of 3 of the Specifications. Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bfider's Signa@# KLRT MYRON PIMIDENT PK CONTRACTORS INC - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED KURT MYRON, KNOWN OR INDENTIFIED BY ME. ‘“2 -d, NOTARY PUBLIC IN A& FOR THE STATE OF WASHINGTON - RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 March 14.2002 ADDENDUM NO. 2 RE: CARLSBAD WATER RECYCLING FACILIW, PROJECT NO.: 3675-2 Please. note there will be a pre-bid meeting for the. above-mentioned bid. The PREBID Meetinq is: March 22,2002 The TIME is: 1O:OO a.m. This addendum-receipt acknowledged-must be included to your bid when your bid is submitted. .- RUTH FLETCHER Purchasing Officer RF:jlk I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 I $ CONTRACTORYINC 1 b35 Fsradzy Avenue - Czrisbad, CA 92003-7314 - (760) 602-2460 - FAX (760) 602-8556 @ - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED KURT MYRON, KNOWN OR INDENTIFIED BY ME. "L" - NOTARY PUBLIC I*AND FOR THE STATE OF WASHINGTON - RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 - Citv of Carlsbad March 28,2002 ADDENDUM NO. 3 RE: CARLSBAD WATER RECYCLING FACILITY, PROJECT NO.: 3675-2 t Please include the attached addendum, in the Notice to BidderlRequest for Bids you have for the above project. Please note change in due date fccr the above-mentioned bid. New && for bid openinq is: April 17,2002 Time remaim the same: 4:OO p.m. This addendum-receipt acknowle&pd--rnust be included to your bid when your bid is submitted. *&PA. RUTH FLETCHER Purchasing Officer RF:jlk I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 :: E’ der‘s Signat KURT MYRON PRH~DENT PK CONTRACTORS INC 1635 Faraday Avenue - Carlsbad. CA 92008-7314 - (760) 602-2460 FAX (760) 602-8556 ( - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED KURT MYRON, KNOWN OR INDENTIFIED BY ME. t -4 4 NOTARY PUBLIC INhND FOR THESTATE OF WASHINGTON - RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 ~ City of Carlsbad April 5, 2002 ADDENDUM NO. 4 RE: CARLSBAD WATER RECYCLING FACILITY PROJECT NO.: 3675-2 Please include the attached addendum in the Notice to BidderIRequest for Bids you have for the above project. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. ... \ RUTHFLETCHER Purchasing Officer RF:mm I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 4 - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED KURT MYRON, KNOWN OR INDENTIFIED BY ME. - NOTARY PUBLIC IN AdD FOR THE STATE OF WASHINGTON RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 - City of Carlsbad April 11, 2002 ADDENDUM NO. 5 RE: CARLSBAD WATER RECYCLING FACILITY, PROJECT NO.: 3675-2 Please include the attached addendum in the Notice to BidderIRequest for Bids you have for the above project. Please note change in due date for the above-mentioned bid. New date for bid openinq is: April 23,2002 Time remains the same: 4:OO p.m. This addendum-receipt acknowledged-must be included to your bid when your bid is submitted. RUTHFLETCHER Purchasing Officer RF:jlk I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 5 - KURT MYRON PREsI~.&~ PRESIDENT .- STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED KURT MYRON, KNOWN OR INDENTIFIED BY ME. -- -+>&-L \ NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON .. RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 April 15.2002 ADDENDUM NO. 6 RECEIVED PK CONTRACTORS APR 1 8 2002 RE: CARLSBAD WATER RECYCLING FACILITY, Contract No. 3675-2 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. RUTH FLETCHER Purchasing Officer RF:mm Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 6 1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-2460 FAX (760) 602-8556 @ - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPEARED KURT MYRON, KNOWN OR - RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID" AND "DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "Bid, "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and 'Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS 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 proposed to be performed by the Bidder by other than the Contractor's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed by the State of California who 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 on one-half on one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. Said name@) the bid offer. and location(s) of business of subcontractor(s) shall be set forth and included as in integral part of Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor (WO) of manpower and equipment that it proposes to use to complete the Work. AddRional copies of their forms must be attached if required to accommodate the Contractor's decision to use more than one Subcontractor or Owner Operator/.Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may resuk in rejection of the bid as non-responsive. Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work is included to compute percentage of the work performed by Subcontractors or Owner Operators/Lessors. When the Bidder proposes that any bid item installed by a Subcontractor or Owner OperatorRessor the amount, in dollars, of the bid item by each Subcontractor or Owner Operator/Lessor must be entered under the columns "Amount of Subcontractor's Bid in Bid Item Including Subcontractor's - Overhead 8 Profit" or "Amount of Owner Operator/Lessor Work in Bid Item Including Owner Operator/Lessor's Overhead 8 Profit" unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's overhead and profit shall be multiplied by the Quantity of the bid item that the @Revised: 5/10/00 Contract No. 36752 Page 15 of 38 ,"- Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. 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, the Subcontractor, or the Owner Operator Lessor as the case said materials. The value of material incorporated in any Subcontractor or Owner Operator/Lessor may be, that the Bidder Operator/Lessor as the case may be, installing them Proposes as installer of installed bid item that is supplied by the shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner OperatodLessor installing said item.. The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the each type so duplicated. required information. The number of additional form pages shall be entered on the first form page of Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If using this option the Bidder must indicate the bid item numbers to which the information in the row pertains. This option may be used where the subcontractor or Owner Operator/Lessors constructing or installing less than 100 percent of a bid item. The percentages and dollar amounts .- - may be the sums of the bid items listed in that row. When the Bidder proposes using a subcontractor or owner operatodLessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the Board of Directors in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the Board of Directors shall be final. GRevised: 5/10/00 Contract No. 36752 Page 16 of 38 DESIGNATION OF SUBCONTRACTORS (REQUIRED TO BE SUBMllTED WITH BID) All bids received by Agency from the Contractor shall include the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement and shall otherwise comply with the restrictions of Government Code Section 4100 et. seq. Specific attention should be paid to Government Code Section 4104. Subsections A and B. The Bidder further certifies one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) that no additional subcontractor will be allowed to perform any portion of the work in excess of whichever is greater and that no changes in the subcontractor's listed work will be made except upon the prior approval of the Agency. Division of Subcontractor Amount of Work by Subcontractor DESIGNATION OF SUBCONTRACTORS (REQUIRED TO BE SUBMITTED WITH BID) All bids received by Agency from the Contractor shall include the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement and shall otherwise comply with the restrictions of Government Code Section 4100 et. seq. Specific attentlon should be paid to Government Code Section 4104, Subsections A and B. The Bidder further certifies one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) that no additional subcontractor will be allowed to perform any portion of the work in excess of whichever is greater and that no changes in the subcontractor's listed work will be made except upon the prior approval of the Agency. I Work Division of 1 I I I u- DESIGNATION OF SUBCONTRACTORS (REQUIRED TO BE SUBMllTED WITH BID) All bids received by Agency from the Contractor shall include the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement and shall otherwise comply with the restrictions of Government Code Section 4100 et. seq. Specific attention should be paid to Government Code Section 4104, Subsections A and B. The Bidder further certifies one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) that no additional subcontractor will be allowed to perform any portlon of the work in excess of whichever is greater and that no changes in the subcontractor's listed work will be made except upon the prior approval of the Agency. 1 Work Division of .- - 7 Subcontractor Amount of Work by Subcontractor April 24,2002 Via Facsimile@ 760-602-8556 & Hand Delivery Bill Plummer 1635 Faraday Avenue city of Carlsbad Carlsbad, CA 92008-7314 Re: Carlsbad Water Recycling Facility No. 3675-2 As required by the contract documents (AddendumNo. 5 page 4) PK Contractors is submitting the “Designation of Subcontractors and Amount of Subcontractor’s Bid Items” form. If you have any questions in this regard, please call me @ 562-496-1 826. Sincerely, . - Brent Ridge PK CONTRACTORS INC. PO BOX 3807 SPOKANE, WA 99220-3807 PHONE 509 536-7503 FAX 509 534-6957 Washinkon Contractors License PKCONP286JM DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY 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 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The as designated in the list in accordance with applicable provisions of the specifications and section Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid of ten thousand Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the 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. Full Company Name of Subcontractor: ah P\ ro E\ec4dL Subcontractor's Location of Business 2 Street Address 'Subcontractor's Telephone Number plus Area Code: 6 I 4 - 7 32- 6 3 5- *Subcontractor's California State Contractors License NO. Classification: 21 38 4 6 *Subcontractor's Carlsbad Business License No.: Nohe * hC?p\'*k Far bq 4\'g\or SUBCONTRACTOR'S BID ITEMS c- \o Explanation: Column 1 - Bid Item No. from the bid DroDosaI. DaQe 15 inclusive. Column 2 - The dollar amount of the iiem to be peaormed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the Column 4 - The dollar amount of the Bidder's overhead and profit for the item. item on bid proposal page 15 inclusive. *Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids". Page I of I pages of this Subcontractor Designation form DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY 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 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The as designated in the list in accordance with applicable provisions of the specifications and section Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid of ten thousand Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the 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. Full Company Name of Subcontractor: P RC I' c COk5-t S+U\ LC. Subcontractor's Location of Business 7 I 5. 7 1\1; 55i'Or\ GOV . Q> Street Address 'Subcontractor's Telephone Number plus Area Code: 61 9 - 2 86 . 3 '10 'Subcontractor's California State Contractors License No. & Classification: 6 c1TS-l Y c-sa *Subcontractor's Carlsbad Business License No.: I 2 'Zoq SUBCONTRACTOR'S BID ITEMS EXDlanatiOn: Column 1 - Bid Item No. from the bid proposal, page 15 inclusive. Column 2 - The dollar amount of the iiem to be ~~~ormed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractot's own forces. Column 4 - The dollar amount of the Bidder's overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal page 15 inclusive. 'Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the 'Notice Inviting Bids". Page - 1 of 1 pages of this Subcontractor Designation form DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY 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 the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid of ten thousand Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the 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. Full Company Name of Subcontractor: \Cre45<\hcN 4- Xhr(.C1\ -J\e. Subcontractor's Location of Business 6 "2 3 pe A \a 2 R 0 - A Street Address *Subcontractor's Telephone Number plus Area Code: 09 - 3 - I '? 'Subcontractor's California State Contractors License No. & Classification: 'i 67 2 I c - zq 'Subcontractor's Carlsbad Business License No.: POnc !+bo\:* b he 01 v'tY-oL SUBCONTRACTOR'S BID ITEMS Column 1 - Bid Item No. from the bid proposal, page 15 inclusive. Explanation: Column 2 - The dollar amount of the item to be Derformed bv the subcontractor. Column 3 - The dollar amount of the item to be brformed bi Contractor's own forces. Column 4 - The dollar amount of the Bidder's overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the "Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the item on hid proposal page 15 inclusive. information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the 'Notice Inviting Bids". Page of 1 pages of this Subcontractor Designation form QRevised: 5/10/00 Contract No. 36752 Page 17 of 30 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY 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 the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid of ten thousand made except upon the prior approval of the Agency. Full Company Name of Subcontractor: 5; "*o-~ )\cbA \ Fh\3v:c,dio1\s Subcontractor's Location of Business '2 9s 0 kc% R 4 7 R 0 6 Street Addresz 0t4c,s4zL. ck 9709 q City State Zip 'Subcontractor's Telephone Number plus Area Code: 7 60 - 4 '39 - 0 5.8 I *Subcontractor's California State Contractors License No. 8 Classification: 2 9 bq 9 9 'Subcontractor's Carlsbad Business License No.: 17 0 q-l '1 3 w:L' ' hn*wc A c-s 3 SUBCONTRACTOR'S BID ITEMS Exvlanation: Column 1 - Bid Item No. from the bid proposal, page 15 inclusive. Column 3 - The dollar amount of the item to be performed by Contractot's own forces. Column 2 - The dollar amount of the item to be performed by the subcontractor. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the Column 4 - The dollar amount of the Bidder's overhead and profit for the item. 'Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the item on bid proposal page 15 inclusive. 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids". information precede by an asterisk required on this document may be submitted by the Bidder up to Page I of I pages of this Subcontractor Designation form QRevised: 5/10/00 Contract No. 36752 Page 17 of 30 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY 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 the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor wilt be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid of 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. Full Company Name of Subcontractor: /Y\U*&\, TLAWAw:'%\ coE\A~n*s .J " Subcontractor's Location of Business 2loY Gw-4-1 - Sffeel Address SCgh \ k\:\\ Ch 40806-16ll City Stale Zip 'Subcontractor's Telephone Number plus Area Code: S 67 - q2 -I - '7 2 0 'Subcontractor's California State Contractors License No. & Classification: 310 s'C4 'I 'Subcontractor's Carlsbad Business License No.: . Ab+A han ldZYb SUBCONTRACTOR'S BID ITEMS c- 33 ~ ~ Exdanation: Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 1 - Bid Item No. from the bid proposal, page 15 inclusive. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Bidder's overhead and profd for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on tiid proposal page 15 inclusive. 'Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the 'Notice Inviting Bids". Page - \ of pages of this Subcontractor Designation form GRevised: 5/10/00 Contract No. 36752 Page 17 of 38 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY 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 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The as designated in the list in accordance with applicable provisions of the specifications and section Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid of 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. Full Company Name of Subcontractor: (/3i\COY Lb.Ai sC4p;AT 11 Subcontractor's Location of Business LC\%UO Street Address *Subcontractor's Telephone Number plus Area Code: 661- ZSq- 37YO 'Subcontractor's California State Contractors License No. & Classification: S173qq c-z's SUBCONTRACTOR'S BID ITEMS ExDiiiiiation: Column 1 - Bid Item No. from the bid proposal, page 15 inclusive. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be oerformed bv Contractor's own forces. ~ Column 4 - The dollar amount of the Bidder's oierhead and'profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on 6id proposal page 15 inclusive. *Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the 'Notice Inviting Bids". Page - I of I pages of this Subcontractor Designation form QRevised: 5/10/00 Contract No. 36752 Page 17 of 38 DEStGNATlON OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID ITEMS CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY 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 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The as designated in the list in accordance with applicable provisions of the specifications and section Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid of 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. Full Company Name of Subcontractor: 8. c.1 :c h C 50- s Ync. Subcontractor's Location of Business 77q3 b\\o- 3*:ba Street Address 'Subcontractor's California State Contractors License No. & Classification: I 8 S 3 8 I A, 8, C- 8 . Mow, 'Subcontractor's Carlsbad Business License No.: w; I\ oh+*:* 'Q-IC orier 40 ConS1rAics. SUBCONTRACTOR'S BID ITEMS ?lanation: Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the Column 4 - The dollar amount of the Bidder's overhead and profit for the item. item on bid proposal page 15 inclusive. "Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids'. olumn 1 - Bld Item No. from the bid proposal, page 15 inclusive. Page I of I pages of this Subcontractor Designation form GRevised: 5/10/00 Contract No. 36752 Page 17 of 38 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY 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 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The as designated in the list in accordance with applicable provisions of the specifications and section Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid of 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. Full Company Name of Subcontractor: 3 9 PL.~;., Tnc. 3 Subcontractor's Location of Business j fi a*kr- Q*:U Street Address sa, MR*(OS CA 9206z City State Zip 'Subcontractor's Telephone Number plus Area Code: 760 . 2 33. 2 4 8 0 'Subcontractor's California State Contractors License No. & Classification:- bszcsq A 'Subcontractor's Carlsbad Business License No.: I Lo 1 '4 S- SUBCONTRACTOR'S BID ITEMS -~ ~~ ~ ~~~~ ~~ ~ ~~~ ~ ~ ~ ExDlanation: Column 1 - Bid Item No. from the bid proposal, page 15 inclusive. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Bidder's overhead and orofit for the item. Total dollar amount of Columns 2, 3. and 4 must be equal to the dollar amount in the bid price of the 'Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the item on bid proposal page 15 inclusive. information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids". Page - I of pages of this Subcontractor Designation form @Revised: 5/10/00 Contract No. 36752 Page 17 of 30 DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY The Bidder certiies that it has used the sub-bid of the following listed Owner OperatorLessor in preparing this bid for the Work and that the listed Owner OperatodLessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et. eq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act. The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half on one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000 whichever is greater and that no changes in the Owner Operator/Lessor listed work will be made except upon the prior approval of the Agency. Full Owner Operator/Lessor Name: Location of Business Street Address City State 2P 'Owner OperatodLessor Telephone Number plus Area Code: 'City of Carlsbad Business License No.: ,- OWNER OPERATOWLESSOR WORK ITEMS ExDlanation: Column 1 - Bid Item No. from the bid proposal, paae 15 inclusive. Column 2 - The dollar amount of the iem to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Bidder's overhead and proft for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the 'Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the item on bid proposal page 15 inclusive. 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids". information precede by an asterisk required on this document may be submitted by the Bidder up to ~. - Page of pages of this Owner OperatodLessor form *) WRevised: 5/10/00 Contract No. 36752 Page 18 of 38 BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY (lo Accompany Proposal) CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. "FINANCIAL RESPONSIBILITY UNDER SEPERATE COVER" QRevised: 5/10/00 Contract No. 36752 Page 19 of 38 c PK CONTRACTORS, INC. FINANCIAL REPORT NOVEMBER 30,2001 AND 2000 PK CONTRACTORS, INC. BALANCE SHEETS November 30, 2001 and 2000 2001 2000 ASSETS CURRENT ASSETS Cash and cash equivalents Certificate of deposit Equity securities Accounts receivable - Completed contracts Contracts in progress Retainage on contracts in progress Costs and estimated earnings in excess of billings - on uncompleted contracts $ 1,483,167 $ 2,098,079 447,813 423,084 481.710 531,392 - 2,326 1,218,134 1,057,561 1,457,191 395,141 2,162,457 254,275 Total current assets 7,250,472 4,761,858 Land 163,426 163,426 Buildings 362,446 362,446 Machinery and equipment 879,968 1 ,I 14,968 Vehicles and licensed equipment 678,303 667,523 Office furniture and equipment 98,902 98,902 2,183,045 2,407,265 Less accumulated depreciation 1,245,030 1,349,586 PROPERTY AND EQUIPMENT Net property and equipment 938,015 1,057,679 Land held for sale 384,741 384,741 Cash surrender value of life insurance, face amounts $737,203 194,700 191,200 Refundable deposits 30,469 16,689 OTHERASSETS Total other assets 609,910 592,630 $ 8,796,397 $ 6,412,167 See accompanying accountants' review report and notes to the financial statements. Page 2 2001 2000 LIABILITIES AND SHAREHOLDERS' EQUITY CURRENT LIABILITIES Accounts payable Accrued expenses Payroll and business taxes Pension plan contribution Insurance Provision for contract loss Other Billings in excess of costs and estimated earnings on uncompleted contracts Current portion of long-term debt LONG-TERM DEBT, less current portion $ 2,895,869 132,182 82,659 59,667 140,064 84,479 805,012 6,202 $ 1,502,366 104,016 9,691 148,792 65,382 - 140,173 - Total current liabilities 4,206,134 1,970,420 11,887 - - Total liabilities 4,218,021 1,970,420 SHAREHOLDERS EQUITY Common stock, $10 par value, 50,000 shares authorized, 242 issued and outstanding 2,420 2,420 Additional paid-in capital 795,055 795,055 Retained earnings 3,701,186 3,512.875 Unrealized gains on securities available for sale 81,715 131,397 Total shareholders' equity 4,580,376 4,441,747 $ 8,798,397 $ 6,412,167 Page 3 BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY The Bidder is required to state what work of a similar character to that included in the proposed enable the District to judge hislher responsibility, experience and skill. An attachment can be used. Contract helshe has successfully performed and give references, with telephone numbers, which will Date Name and Phone Amount Completed of the Employer to Contract Work Contract Contract Name and Address No. of Person Type of of SEE ATTACHED JOB HISTORY %vised: 5/10/00 Contract No. 36752 Page 20 of 38 Statement of Qualifications for PK Contractors, Inc. of Long Beach, CA ?he purpose of this document is to briefly present the qualifications and work experience of PK Contractors, Inc. History PK has been in continuous operation for over 30 years. PK was founded in Spokane Washington and now has offices in Spokane and Long Beach Cafifornia. Construction Focus PK focuses on the following construction areas: - Sewage Pump Stations - Storm Water Pump Stations - Waste Water Treatment Plants - Advanced Water Treatment Facilities - Large Diameter Sewage and Potable Water Transmission Lines - Fish Hatcheries and Fish Monitoring Facilities .. Phases of Work Self-Performed bv PK - Concrete Construction - Structural Excavation - Underground pipe lines - Above Ground and Interior Mechanical Pipe Lines - Treatment Equipment Installation - Treatment Plant Start-up - Installation of Miscellaneous and Structural Steel Phases of Work Typicallv Subcontracted - Electrical and Instrumentation - Architectural Finishes - Masonry - Reinforcing Steel Summary of Several Current and Competed Proiects Rossmoor Pump Station and Retarding Facility, Long Beach, California. Contact Mr. Hernan Pelaez, County of Orange, Resident Engineer, Construction Division, Public Facilities & Resource Department, at 714-567- 7837. (Ongoing) This project is located near Long Beach, California, and is the modification of an existing storm drain retention basin with a value of $10,000,000. This project is spread over 60 acres and consists of the re-grading of a 7,000 foot long basin, 12,000 If of utilities ranging from a 6" high pressure natural gas main to a 72" reinforced concrete pipe. The centerpiece of this project is the construction of a 300,000-gallon per minute storm water Pump Station. This Pump Station is a fully automated facility that will utilize four 48" vertical turbine pumps operated by four 1,000 horse-powered natural gas engines. PK Contractors will construct a series of discharge structures that allow the pumped water to flow into the San Gabriel River. Alamitos Barrier Advanced Water Treatment Facility, Long Beach California. Contact Mr. Casey Harris, Butier Engineering at 563-425-5677. (Ongoing) This $1 1.700,OO project consists of the following major features of work: - Concrete tanks and chemical storage facility. - 7,000 sf control building and laboratory facility. - Installation of 20,000 lineal feet of above ground and underground utilities. These systems include 24" to 12" SS pipe, 24" HDPE, 24" to 12" PVC pipe and chemicallprocess pipe. - Installation of the following major treatment equipment items: . UV disinfection system Micro filtration System = Reverse Osmosis Treatment System - 400 foot long boring under the San Gabriel River. Moscow Waste Water Treatment Facility, Phase 3, Moscow, Idaho. Contact Mr. Kevin Gardes, Kimball Engineering at 208-746-9010. (Ongoing) This project has a contract value of $12,000,000 and consists of the following major features of work: The new system is using anaerobic and anoxic basins, aeration basins two clarifiers, two sludge tanks and a new chlorine contact basin. These facilities are connected using a number of different pipe types. The structures mentioned above have many pumps and appurtenances involved. The system is virtually automatic with the addition of the electrical and control systems that are part of the project. The structures involved are 6,000 cubic yards of concrete. Over 5,000 feet of pipe from 48” to 1”. Camp Pendleton Santa Margarita River Flood Control Levee, Pump Station and Bridge. Contact Mr. Doug Brandow, U.S Navy, at 760-725-0795. (Completed) This project is located on Camp Pendleton, California. The project consisted of the following major features of work with a final contract value of $34,300,000: - 980,000 gallon per minute storm water pump station. The main pumps are 60” vertical turbine pumps driven by 1,000 HP engines. The duty pumps are 48” vertical turbine pumps driven by 500 HP electric motors - 18,000 lineal foot long, 25 foot high, 750,000 cubic yard levee constructed out of controlled structural fill and soil cement. ~. - 3.000-foot long, 25-foot high concrete floodwall. - 15,000 feet of underground utilities including 24” CMLC water line and 72” storm drain. - 1,000-foot long post-tension concrete bridge. Juvenile Fish Sampling and Monitoring Facility at John Day Dam, Contract No. DACW57-96-C-008, Rufus, Oregon. Contact Mr. Naameh Nomie, Portland District of the Army Corp at 503-492-3570 ext. 226. (Completed) This $21,000.000.00 project consisted of 20,000 CY of cast in place concrete. Much of the concrete construction was located over 50 feet above the ground. The project also included 108” bypass piping and a 10,000 square foot laboratory and fish sampling building along with related electrical and telemetry installations. City of Marysville Washington Waste Water Treatment Plant Improvements, 206-632-2664. (Completed) . Contact Larry Wade or Gordon Johnson of Hammond Collier and Wade at This project was valued at $10,000,000 and involved the construction of new headworks facilities, sand filtration system, chlorine contact facilities, influent pump station, effluent pump station and lagoon re-circulation system comprised of 20 pumps and submerged HDPE pipe ranging in size from 36” to 48”. Fuel System Aprons, Contract No. N68711-96-C-2151, Camp Pendleton, California. Contact Mr. James Love, MCAS Camp Pendleton, at 760-725- 81 17. (Completed) This project had a contract value of $1 1,000,000 and consisted of the following major features of work 8 hot point-fueling pantographs. 750,000 sf of new apron PCC paving over cement treated base. 4 - 50,000-gallon fuel tanks including a concrete encasement berm. Pumping Facility consisting of 6 JP 5 pumps, filterkeparation units, valving. fuel recovery tanks and oil water separation. Laboratory and Control Facility. Ready Room with PLC located at apron. 6,000 If of 12” and 6” welded stainless steel pipe are encased in fully automated fiberglass leak detection containment pipe. 7.000 If of various utilities; water, sewer and storm drain. Electrical included a control system, back-up power supply, 2,500 If of airfield Lighting and underground distribution. Mission Avenue Sewer Lift Station Relocation, Oceanside, California. Contact Mr. Howard, ASL Consulting Engineers at 858-673-5505. (Ongoing) This project consists of construction a new concrete Sewer Lift Station and Emergency Wet Well storage structure with a value of $4,000,000. The pump room elevation is over thirty feet deep with water at fifteen feet deep. The Pump Station will convert 24 and 30 gravity feeds to pressure and injecting it into the existing 42” pressure sewer main. The Emergency Wet Well structure next to the Pump Station is connected by 18” and 24” pipes and regulated by a series of sluice gates. The Pump Station is covered by a masonry structure, which includes an air scrubber unit and a monorail system. The pump Station is mntrolled and automated by telemetry systems that will detect high flows and automatically adjusts the pumping volume. PK Contractors will coordinate with the utility companies and in transferring the sewer flow from the existing Pump Station to the new. The existing Pump Station will then be abandoned and demolished. BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY PK CONTRACTORS, INC. JOB HISTORY CONSTRUCTION OF PIPELINE SYSTEM 6 REHABILITATION AND BElTERMENT PROJECT Yakima-Tieton Completed: Project Amount: January 1987 $4,946,216.00 Owner: Yakima-Tieton Irrigation District Job No. 85-02 YAKIMA-TIETON IRRIGATION DISTRICT SEQUOIA 8 KINGS CANYON NATIONAL PARK WASTEWATER 8 WATER STORAGE FACILITY Sequoia 8 Kings Canyon National Park, California Completed: Project Amount: Contact: Tom Fisher Job No: 85-04 May 1988 6,504,729.32 ~- Contract No. CX8000-5-9010 43559 La Cienega Three Rivers, CA 93271 1-209-565-3456 FY MCON Project (P-031) FUEL SYSTEM INSTALLATION, PHASE II, MARINE CORPS BASE, CAMP PENDLETON, CA Completed: Project Amount: Contract No: Owner: Dept. of the Navy Bldg. 22101,MCB Camp Pendleton, CA PO Box 209 Oceanside, CA 92054 John Schmidt Job No: 8702 November 1987 1,048,588.00 N62474-86-C-0431 619-725-8214 Contact: Job No: 87-04 TRINITY RIVER FISH HATCHERY - Contract # : Lewiston, California Final Contract Amount: Final Completion Date: Original Completion Date: Contract Location: Contract Owner: Contact: 7-CC-20-04920 $4,075,832.95 December 15,1989 January 1990 Trinity River Fish Hatchery Bureau of Reclamation Lewiston, California Rick Jones Trinity River Basin Field Office Weaverville, CA 96093 PO Box 1450 Ph: 1-916-623-2508 STEAM (L CONDENSATION DISTRIBUTION SYSTEM Camp Pendleton Marine Corp Base, California Completed: Project Amount: Contract No. N62474-84-C-6625 Contact: James Lorenz Job No: 8745 July, 1988 $953.964.00 ROICC-North Bay Naval Training Center San Diego, CA 92133-500 Building 302 " CONTAINMENT Job No: CRASH CREW I Tustin 8 El Toro, Marine Corp Air I Completed: Project Amount: Contract No. Contact: 8746 WALL REPAIR, MOFFETT TRENCHES, 'ITS station California November, 1988 $1,541,377.00 JR Houston ROICC Building T2006 MCAS EL TOR0 Santa Ana, CA 92709-5006 N62474-87-C-8658 CHANNEL IMPROVEMENTS PHASE II Fairfield, California Contract #: DACW5-88-C-0036 Final Contract Amount: $5,359,518.75 Completion Date: Original Completion Date: January 10, 1990 Contract Location: December 1989 Contract Owner: Faiffield. California Army Corps of Engineers Contact: Dave Woehl Sacramento, CA 95691 PO Box 935 Job NO: 88-04 Ph: 1-916-551-2413 -2- INDIAN GARDENSMODIFY WASTEWATER .. ~ TREATMENT FACILITY 8 CAMPGROUND Grand Canyon National Park, Arizona Completed: Project Amount: Contract No. Contact: Mike Fox Job No: 88-04 December 1989 $2,382,706.00 CZ8000-8-9012 PO Box 25287 National Park Service Denver, CO 80225-5506 1-303-969-21 12 REPAIR RESERVOIRS Job No: 88-05 Camp Pendleton, California Completed: Project Amount: Contract No. Contact: July, 1989 $1,500,511.00 Jerry Baker ROICC PO Box 209 Camp Pendleton, CA 92054 N68711-87-C-2668 1-619-725-8214 Job No: 89-10 BASIC UNDERWATER DEMOLlTlONlSEAL TRAINING CAMP Completed: January 1992 Contract NO. Project Amount: $10,626,411.00 Contact: - San Clemente Island. California N68711-86-C-0046 Lt. Scott Waidelich ROICC-Coronado NAS-North Island San Diego, CA 92135-7075 PO Box 357075 1-619-545-3034 SMALL ARMS RANGE IMPROVEMENTS Job NO: 89-15 Marine Corp Air Ground Combat Center Twentynine Palms, California Contract #: Final Contract Amount: Final Completion Date: $1,642,09336 Original Completion Date: April 20, 1991 Contract Location: December 30,1990 Marine Corps Air Ground Twentynine Palms, California Combat Center, N62474-86-C-0201 Contract Owner: Department of the Navy Contact: Kim Naylor ROICC PO Box X7 Twentynine Palms, California Ph: 1-619-360-7409 -3- Job No: 91-01 CLARKSTON WASTEWATER TREATMENT PLANT UPGRADE Completed: January 1993 Project Amount: $4,805,052.21 Contact: Honorable Mayor City of Clarkston Clarkston, WA 99403 830 Fifth Street .- Clarkston, Washington 1-509-758-5541 PUYALLUP FISH HATCHERY EXPANSION Job No: 91-01 Contract #: Puyallup. Washington Final Contract Amount: $749,900.00 Original Completion Date: Final Completion Date: November 1991 November 18.1991 Contract Location: Puyallup, Washington Contract Owner: Contact: Joe Ward Department of Wildlife Department of Wildlife 600 Capitol Way North Olympia, WA 98501-1091 PE:H-23.21 Job No: 91-03 CITY OF ASOTlNl3RD STREET IMPROVEMENTS Asotin, Washington Project Amount: $450,065.00 Contact: Charley Folk City of Asotin PO Box 51 7 Asotin, WA 99402 .- Completed: November 1991 1-509-243-41 74 SITE AND UTILITIES IMPROVEMENTS (P-109) Job No: 91-05 Everett, Washington Contract #: Final Contract Amount $6,299,417.00 Original Completion Date: Final Completion Date: November 18, 1992 Contract Location: N62474-91-C-9528 October 4,1992 Homeport Naval Base Puget Sound Everett. WA Contract Owner: Department of the Navy Contact: Lt. Steve Dupes 1922 West Marine View Drive Everett, WA 98201-2282 Ph: 360-339-8003 -4- NORTH SNOHOMISH RIVER CSO CONTROL PROJECT Job No: 9241 - Everett, Washington Completed: April 1993 Project Amount: $2,817.753.00 Grant No. ‘2530-633-01 Contact: Tom Fuchs City Everett 3200 Cedar Street Department of Public Works Everett, WA 98201 1-360-259-8928 Job No: 9242 BURBANK PUMPING PLANT FISHSCREEN STRUCTURE Contract #: Burbank. Washington Final Contract Amount: $452,740.72 Final Completion Date: April 1, 1993 Original Completion Date: May 6.1993 Contract Location: Burbank, Washington Contract Owner: Contact: 1425-22-C-10-06030 Bureau of Reclamation Tom Mahler 32 C Street N.W. Bureau of Reclamation Ephrata, WA 98823 Ph: 509-754-0254 - Job No: 9341 Marysville, Washington Completed: August 1994 Project Amount: $7,934,573.21 Contract No. SPM11-1500245 Contact: City of Marysville Gordon Johnson 80 Columbia Avenue Marysville, WA 98270 MARYSVILLE WASTEWATER TREATMENT PLANT 1-206-653-7643 or Hammond, Collier and Wade-Livingston Assoc. Larry Wade 4010 Stone Way North Seattle, WA 98103 1-206-632-2664 -5 Job No: 93-02 . FLEET PARKING LOT UTILITIES AND SITE IMPROVEMENTS Smokey Point, Washington Completed: Project Amount: $6,755,483.00 Contract No: Contact: May 1994 N62474-91-C-9606 Lt. Steve Dupes ROICC-Everett Everett, WA 98103 1922 West Marine View Drive 1-360-339-8001 Job No: 93-03 BUNKER HILL PHASE II WATER SYSTEM Shoshone County, Idaho Completed: July 1994 Project Amount: $1,397,054.20 Contract NO: 0701-03091 Contact: Welch, Comer & Associates, Inc. Bart North 610 W. Hubbard Ave. 220 Harbor Plaza Coeur DAlene, Idaho 83814 1-208-664-9362 BACHELOR-HATTON FISH PASSAGE EL PROTECTIVE FACILITY Job No: 94-01 Yakima. Washington Project Amount: Contract NO: Contact: Charles Ferguson - Completed: May 1994 $392,188.04 1425-4-CC-10-06400 Bureau of Reclamation PO Box 2967 Yakima, WA 1-509-575-5946 COLEMAN NATIONAL FISH HATCHERY Anderson, California Project Amount: Completed: October 1994 $1,946.851.13 Contract NO: Contact: FWS1-94029(TS) Department of Fish 8. Wlldlife Tamra Swerdlik 911 NE 11th Ave. (503)231-6188 Portland, Oregon 97232 Job No: 94-03 - 6- MOSCOW WASTEWATER TREATMENT PLANT Completed: June 1995 Contract Amount: $1,626,170.72 Contact: Kimball Engineering Kevin Gardes Lewiston. Idaho 83501 114 Thain Rd. Owner: City of Moscow, Idaho Job No: 94-06 - Moscow, Idaho (208)746-9010 Job No: 94-04 KELLOGG UPTOWN DEVELOPMENT PROJECT Completed: Kellogg, Idaho Contract Amount: $1,450,804.73 Contact: Welch, Comer 8 Associates December 1994 220 Harbor Plaza Hans 610 W. Hubbard Ave. Coeur dAlene, Idaho 83814 (208)664-9382 Owner: City of Kellogg, Idaho Job No: 94-05 GOLDEN GATE NATIONAL RECREATION AREA PRESIDIO WATER TREATMENT PLANT San Francisco, California Completed: August 1996 Contract Amount: $5,512.057.00 Contract No: 1443CX800094907 Contact: Blake Proctor - National Park Service PO Box 29462 San Francisco. CA 94129 Phone: 415-386-0717 Job No: 94-07 UTILITIES AND SITE IMPROVEMENTS AT THE STRATEGIC WEAPONS FACILITY, BANGOR Silverdale, WA Completed: Contract Amount: Contract No: N44255-93-C-9054 Contact: Jim Coleman August 1996 $7,237,579.00 Steve Erickson (Engineer) Phone: 360-396-1584 Dept of the Navy, ROICC-Silverdale Naval Sub Base Silverdale. WA 98315 Building 1009 -7- BlNGENfWHlTE SALMON WASTEWATER TREATMENT PLANT Completed: Project Amount: October 1996 $4,282.186.00 Contract No. Contact: Tom Coleman EDA 0701-03473 and DOE Grant No. G9300298 (509) 453-4833 City of Bingen PO Box 607 Bingen, WA 98605 Job No. 95-01 - Bingen. Washington Job No: 97-01 BONNEVILLE LOCK AND DAM Cascade Locks Oregon Contract Amount: $188,194.00 Contract No: DACW57-97-C-0016 Contact: George R Wlght (Contracting Officer) Phone: 503-3266050 Department of the Army Portland District, Corps of Engineers PO Box 2946 Portland Oregon 97208-2946 Job No: 96-01 JOHN DAY LOCK AND DAM FISH MONITORING AND SAMPLING FACILITY Rufus Oregon Contract Amount: Contract No: $21,510.863.00 DACW57-96-C-0008 Contact: Mike Hay (Contracting Officer) Phone: 541-298-7690 U. S. Army Corps of Engineers Troutdale, OR 97060-9512 206 NW Graham Road - Completed: February 12, 1998 1997 WASTEWATER TREATMENT PLANT IMPROVEMENTS SCHEDULE C: AERATED LAGOON CONSTRUCTION GRANDVIEW WASHINGTON Completed: October, 1998 Contract Amount: $1,742,307.00 Contract No: Project No.97018C Contact: Dennis J. Whitcher, PE Phone: 509-966-7000 Job No. 97-03 Huibretgse, Louman 8 Associates. Inc. 3800 Summitview Suite 100 Yakima Washington 98902 -8- MILO CREEK EMERGENCY REPAIRS Kellogg Idaho Completed: Contract Amount: 8558,636.00 Contract No: Job No. 97-04 November 1998 contact: Larry Comer Welch, Comer & Associates 323 Main Avenue Kellogg, Idaho 83837 208-664-9382 AIRFIELD PAVEMENT APRONS AT MARINE CORPS AIR STATION Camp Pendleton California Completed: Contract Amount: Contract No: Contact: Job No: 96-03 March 18, 1999 $11,415,614.00 N68711-96-C-2151 Phone: 760-532-1237 Jim Love Department of the Navy 760-725-8216 PO Box 209 Oceanside CA 92049-0209 Job No. 9762 FUEL APRON EXPANSION AT MARINE CORPS AIR STATION CAMP PENDLETON CALIFORNIA - - - . . -. . . - - Completed: Contract Amount: 840,293.00 Contract No: N68711-97-C-8307 Contact: Jim Love May 1998 Department of the Navy Phone: 760-725-8216 Oceanside CA 92049-0209 PO Box 209 REPLACE NORTH LIGHT PIER San Clemente Island Completed: Contract Amount: Contract No: Contact: Job No. 97-05 October, 1999 2,175,311.00 N68711-97-C-8414 Karsten M. Koch 619-545-2136 Dept. of the Navy, ROICC NAS North Island, Bldg. 3 PO Box 357007 San Diego CA 92135-7007 -9- Job No.9901 JOHN DAY LOCK a DAM FOLLOW-ON TO JUVENILE FISH SAMPLING 8 MONITORING FACILITY RUFUS, OREGON Completed: May 30,1999 Contract Amount: $660,819.00 Contract No.: Contact: DACW57-99-C-0002 Naameh Nomie, Administrative Contracting Officer Department of the Army Portland District, Corps of Engineers Portland Resident Office 206 NW Graham Road Troutdale, Oregon 97060-9512 541-298-7690 Job No.98-02 SEDRO WOOLLEY WWTP UPGRADE Sedro Woolley. Washington Completed: October 15, 1999 Contract Amount: Contract No: Contact: Brian Russell, Project Manager 4,489,777.00 NIA 206-727-3367 Fax: 206443-7669 City of Sedro Woolley 720 Murdock Street Sedro Woolley WA 98284 GREENWAY PEDESTRIAN BRIDGES Job No. 99-02 .- Completed: Contract Amount: Contract No: Contact: January, 2000 $195,622.00 99-04 City of Pullman PO Box 249 Mark Workman - Public Works Director Pullman WA 99163-0249 Job No. 9801 REPLACE BASILONE BRIDGE (PROJECT A) AND SANTA MARGARITA FLOOD CONTROL (PROJECT B) Camp Pendleton. California Scheduled to be completed: April, 2000 Contract Amount: $34,555,441.00 Contract No: N68711-97-C-8338 Contact: Commander Mark V Sarles Department of the Navy 760-725-8216 Dept of the Navy PO Box 209 Oceanside CA 92049-0209 - 10- Job No. 99-03 Completed: Umatilla Oregon Contract Amount: Contract No: Contact: UMATILLA WWTP B OUTFALL IMPROVEMENTS .- May 15,2000 6,307,164.25 City of Umatilla Brett Moore Anderson, Perry & Assoc. PO Box 1107 La Grande OR 97850-0939 1413-23 Ph: 541-963-8309 Fax: 541-963-5456 - 11 - PK CONTRACTORS, INC. JOBS IN PROGRESS MISSION AVE SEWER LIFT STATION RELOCATION Oceanside California Scheduled to be completed: May, 2002 Contract Amount: $4,085,000.00 Contract No. Contact: Job NO. 2000-1 SE-26/722-86-4027 Peter Weiss City of Oceanside Oceanside CA 92054 300 North Coast Highway Ph: 760-535-0031 Fax: 760-385-5124 Job NO. 2000-2 MOSCOW WASTEWATER TREATMENT FACILITY Scheduled to be completed: Moscow, Idaho June, 2002 Contract amount: $1 1,778,234.00 Contract No. Contact: City of Moscow Dean Weyen PO Box 9203 Moscow, ID 83843 PHI 208-883-7000 FX: 208-883-7033 Job No. 2000-3 ROSSMOOR PUMP STATION 8 RETARDING BASIN Scheduled to be completed Long Beach, CA April, 2002 Contract Amount: $9,452,567.00 Contract No. Contact: Joel Samonte D00-100 PFSD/Construction Division County of Orange 11 52 E. Fruit Street Santa Ana, CA 92701 PH: 714-567-7800 FX: 714-567-7813 Job No. 20011-00 ALAMITOS BARRIER RECYCLED WATER PROJECT Alamitos, CA Scheduled to be completed Contract Amount $1 1,732.000.00 November 15,2002 Contact Melinda Sperry, PE Water Replenishment District of Southern California Project Manager 12621 E 166' Street Cerritos, CA 90703 PH:562-921-5521 FX 562-921-6101 - 12- Job No. 2001240 I- SNAKE RIVER, COLUMBIA CO., WA. PIT TAG MODIFICATION JUVENILE FISH HATCHERY, LllTLE GOOSE DAM Scheduled to be completed: March 2002 Contact Contract Amount Julie Dockery $262,966.00 Walla Walla District, Corps of Engineers Department of the Army 201 North Third Avenue Walla Walla, WA 99362-1876 PH: 509-527-7207 FX: 509-527-7807 - 13- BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERSy LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY 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: gi Comprehensive General Liability & Workers Compensation Eo Automobile Liability FJ 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, Employer's Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: (1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. (2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, .and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. @Revised: 5/10/00 Contract No. 36752 Page 21 of 38 _- BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYER’ S LIABILITY, AUTOMOTIVE LIABILITY, AND WORKERS COMPENSATION CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY STATEMENT OF INSURANCE CARRIER Upon payment of fees andor premiums by the Bidder, we will issue to the Bidder, policies of insurance for Comprehensive General Liability, Employer’s Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of Insurance to the Agency showing conformance with the _- requirements within. All certificates of insurance and statements of willingness to issue insurance for auto policies offered will meet the specification of this contract as stated below: 1. Meet the conditions stated in the Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2. Cover any vehicle used in performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate will state the coverage is for “any auto” and will not be limited in any manner. Jq!! J&pd c L//7/02 William Dinneen Agent Marsh USA Inc Date Y,CORDm CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDNYI 5/29/02 PRODUCER MARSH ADVANTAGE AMERICA A SERVICE OF SEABURY & SMITH PO BOX 2151 SPOKANE, WA 99210 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND DR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A Valiant Ins. Co. #+ YJ c&,;= INSURERS: Liberty Mutual Ins Group INSURER C INSURER 0 INSURER E P K Contractors, Inc. P.O. Box 3807 Spokane WA 99220 CnVFR&OFS - - - -. .- - ” THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN! ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA10 C I t NSR TYPE OF INSURANCE I A I GENERAL LIABILITY POLICY NUMBER jCON58152787A GENERAL LIABILITY I GEN’L AGGREGATE LIMIT APPLIES PER LOC 1 rn n A AUTOMOBILE LIABIUTV - CON58152829A x ANYAUTO ~ ALL OWNED AUTOS SCHEDULED AUTOS - - x NON-OWNEDAUTOS x .- HIRED AUTOS ~ I ANY AUTO E71077715011 CLAIMS MADE h DEOUCTl0LE I A CON58152787A XZ&X&iXX 4 RmwloN s IOOOO EMPLOYERS LIABILITY WA STOP GAP OTHER iURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR :REIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH :LAIMS. 12/01/01 ‘OLICY EXPIRATION 12/01/02 EACHOCCURRENCE LlMlTS $ 1000000 FIRE DAMAGE IAny one firel $ 2 0 0 0 0 0 0 PRODUCTS - COMPIOP AGG $ 2000000 GENERAL AGGREGATE $ 10 0 0 0 0 0 PERSONAL & ADV INJURY $ 10 0 0 0 ME0 EXP IAny OM p~rPon1 $ 3 0 0 0 0 0 12/01/01 12/01/01 SPECIAL PROVISION t I I 12/01/02 COM0lNEDSlNGLELlMlT I I IEa accident1 $ 1000000 BODILY INJURY lPer perom1 ,Per accident, PROPERTY DAMAGE lPer accident1 AUTO ONLY - EA ACCIDENT II OTHERTHAN AUTO ONLY: $ 12 / 0 1 / 02 EACH OCCURRENCE AGGREGATE 400000( 1 12/01/02 l~:y”:#sj pH- s E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ 10 0 0 0 0 0 E.L. DISEASE. POLICY LIMIT S 10 0 0 0 0 0 ER s 1000000 RE: CARLSBAD WATER RECYCLING FACILITY, PROJECT NO. 3675-2. ADDITIONAL INSURED STATUS IS GIVEN TO THE CITY OF CARLSBAD MUNICIPAL WATER DISTRICT (SEE ATTACHED LIST FOR ADDITIONAL INSUREDS) AS GRANTED BY THE POLICY. COVERAGE UNDER THIS POLICY SHALL BE PRIMARY AND NON-CONTRIBU TING WITH ANY OTHER INSURANCE AVAILABLE TO THE DISTRICT. :ERTIFICATE HOLDER I x 1 ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION -. lITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN L NJNICIPAL WATER DISTRICT CARLSBAD, CA 92008-7314 1635 FARADAY AVENUE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. AUTHOmF$NY - I ACORD 254 17/97) 6- 41 B ACORD CORPORATION 1988 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMMGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY@)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, TEAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Harlford, presents make, constitute and appoint: Charla M. Boadle, Chris Lanon, George C. Schrwder, Joanne Tonani, Lois Stewart, County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these W.W. Weller, Wm. Dinneen, of Spokane, Washington, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following insIrument(s): by hidher bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully sole signature and act, any and all bonds, recognizances, ConIracts of indemnity, and other writings obligatory in the nature of a and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and &st: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President. any Senior Vice President, any Vice President, any and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President M any Vice President miting and a copy thereof is filed in the office of the Secretary. undertaking shall be valid and binding upon the Company when (a) signed by the President. any Vice Chairman, any Executive Vice President, any VOTED That any bond, recopnizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary 01 Assistant Secretary, or (b) duly executed (under seal, if Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any VOTED: That the signature of each of the following ofken: President, any Executive Vice President, any Senior Vice President, any Vice power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for p~uposes only of executing and attesting bonds and undertakings and other witings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto axed this 5th day of February 2002. STATE OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMMGTON CASUALTY COMPANY BY George W. Thompson Senior Vice President On this 5th day of February, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the sworn, did depose and say: that hdshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF corporations described in and which executed the above instrument; that hdshe knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that hdshe executed the said instrument on behalf of the corporations by authority of hidher ofice under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMMGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Ofice of the Company, in the City of Hartford, State of Connecticut. Dated this 21 st day of May ,20 02. BY Kori M. Johanson . Assistant Secretary, Bond NAMED INSURED: PK Contractors, Inc. ADDITIONAL INSUREDS: “The City of Carlsbad, its officials, employees and volunteers are named as additional insured hereunder as respects liability arising out of activities performed by or on behalf of the Named Insured. Coverage under this policy shall be primary insurance as respects the City, its officials, employees and volunteers. This policy will not be canceled, materially changed nor the amount of coverage re- duced until thirty (30) days after receipt of written notice of cancellation of reduction of coverage by the City Clerk of the City of Carlsbad, California.” If the certificate holder is an ADDITIONAL INSURED, the policyiies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementls). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementis). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurerls), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 17/97) - a. Coverage A does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organlzation: and b. Coverage B does not apply to 'personal of an offense committed before you Injury' or 'advertising Injury' arising out acquired or formed the organization. 9. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT Under SECTION I1 - WHO IS AN INSURED, paragraph 5. Is added as follows: 5. Each of the following is also an Insured: a. Any person or organization you are or permit to name as an insured but only required by a written contract, agreement with respect to liability arising out of: I. 'yourwork'performed forthat insured at the locatlon designated In the contract, agreement, or permit: or 2. premlses owned or used by you. b. This insurance does not apply unless the contract, agreement or permit Is made prior to the 'bodlly Injury" or 'property damage'. E. This insurance does not apply to the rendering or failure to render any professional services. d. This insurance Is primary if that Is required by the contract, agreement or permit. 10, AGGREGATE LIMITS OF -INSURANCE (PER PROJECT) The General Aggregate Limit under LIMITS OF INSURANCE (SECTION 111) applies separately to each ofyour projects away from premises owned by or rented to you. 11.AGGREGATE LIMITS OF INSURANCE (PER LOCATION) The General Aggregate Limit under LIMITS OF INSURANCE (SECTION 111) applies separately to you. each of your 'iocatlons' owned by or rented to or connecting lots, or premises whose connection 'Locations" means premises Involving the same is Interrupted only by a street, roadway, waterway or right-of-way of a railroad. 12. KNOWLEDGE OF OCCURRENCE Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, ITEM 2 - DUTIES IN THE EVENT OF OCCURRENCE, CLAIM, OR SUIT, paragraph e is added as follows: e. You must give us or our authorized representative prompt notice of an 'occurrence". claim or loss is known to: *occurrence-. claim or loss only when the I, You. if you are an Individual: 2. A partner, if you are a partnership: 3. An executive officer or the employee designated by you to give such notice,.if you are a corporation: or 4. A manager, If you are a limited liability company. 13. REVISED NOTICE OF OCCURRENCE Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, ITEM 2 -DUTIES IN THE EVENT OF OCCURRENCE, CLAIM, OR SUIT, paragraph f. is added as follows: 1. Your rights under this policy will not be prejudiced if you fall to give us notice of an *occurrence- or claim, and that failure is solely due to your reasonable belief that the "bodily injury' or "property damage" is not covered under this policy. 14. UNINTENTIONAL ERRORS AND OMISSIONS Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, ITEM 6 - REPRESENTATIONS. paragraph d. is added as follows: d. We will not disclaim coverage under this Coverage Form if you unlntentionaily fail to disclose all hazards existing as of the inception date of the policy. 15. CANCELLATION CONDITION Under CALIFORNIA CHANGES -CANCELLATION AND NONRENEWAL, FORM IL 0270, paragraph A.2.b. Is replaced by the following: b. 60 days before the effective date, If we cancel Paragraph A.3.b.(2) is replaced by the following: (2) 60 days before the effective date of cancellation If we cancel for any other reason listed in Paragraph 3.a. for any other reason. GC 0333 1097 Includes copyrighted material 01 Insurance Services Ofice. Inc., Page 3 of 5 wlth Its permission. Copyrlght, Insurance Services Ofice, Inc.. 1994 8368 A SP-201280 0099 TOO1 12181999 P2-00008933 .. ... .~ .. ~ . :' " This is tocertify that'we have issued a valid Workers' Compensation insurance policy in a form approved by the California i, , , .. .:. . .: .._, . - .. Insurance Commissioner to the employer named below for the policy period indicated. ... .... .... .......... ... .. . ~~, ' . , .This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. ,. ... . .~'.- i .. .. ..... , I . 1 ,.., ..... .: ......... :.: ... ., ,. ,. . .. . ~ ' . .' 'We will'also give you TEN days"adCance notice should this~policy be cancelled prior to its normal expiration. .. ... '~ . ~,: ' ~ ~. .. .. ,. .. ...... ~ ., .~ s ~. I ~ This~Eertificate of insurancels not an insurance policy and does'not amend; extend'or.alter the coverage afforded by the ,' '' ' po1icies:listed hereiri.;Notwihsta~ding any requirement, term,;or condition"?f any contract or other document with .~ respect to'which this certificate'of insurance may"tieiSsued or may pertain, the insurance afforded by the poiicies ,. I ., described,he!ein is subject to all the terms;exclusions and conditions of such policies. ... I , ._ .. . ~ ., .. . ~,. . .~, ! .. "I ,., .~ ! ..... .... ,., , 1 .... .. .... - ... L .................... I. ... t .. .~ .. - ., ........... .. .. .... .... " . .. ., I EMPLOYER ;: RE-EIV~-D '. ". .,, . 1 r I PK CONTRACTORS ., , " ... , .. , .. I - ': "*p7g 2o02 FK CONTRACTORS INC : .P 0 BOX 3807 SPOKANE WA 99220 nm APPROVM COSTCODE STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED WILLIAM DINNEEN, KNOWN OR INDENTIFIED BY ME. L3 -d * TgL '. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON " RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 BIDDERS STATEMENT RE DEBARMENT CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of Caiiornia? X no 2. If yes, what washere the name@) of the agency(ies) and what wadwere the period@) 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: PK CONTRACTORS, INC. / K~RT MYRON PREKIOENT (print namehiile) Page of of pages of the Re Debarment form QRevised: 5/10/00 Contract No. 36752 Page 22 of 38 BIDDERS DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY 6) If the answer to either of 2. or 4. above is yes fully identi, 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. NONE If needed, attach additional sheets to provide full disclosure. BY CONTRACTOR: K~RT MYRON /‘~ESIOENT (print nameKile) Page of pages of this Disclosure of Discipline form QRevised: 5/10/00 Contract No. 36752 Page 24 of 38 - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 17th DAY OF APRIL 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPEARED KURT MYRON, KNOWN OR INDENTIFIED BY ME L.3 4-7 NOTARY PUBLIC IN ANDFOR THE STATE OF WASHINGTON .- RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 ,L " NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY PUBLIC CONTRACT CODE SECTION 7106 KURT MYRON , being first duly sworn, deposes (Name of Bidder) and says that he or she is PRESIDENT (Title) of PK CONTRACTORS, INC. (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, from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain 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, effectuate a collusive or sham bid. partnership, company association, organization, bid depository, or to any member or agent thereof to .- I declare under penalty of perj that the foregoing is true and correct and that this affidavit was executed on the 17TH 7 day of APRIL 9- woo2. Subscribed and sw IK to before me on the 17TH day of APRIL t woo2 " [NOlARY SEAL) P @Revised: 5/10/00 Contract No. 38752 Page 25 of 38 " CONTRACT PUBLIC WORKS This agreement is made this ~ND day of ThLq 2 bb2 between the Carlsbad Municioal Water District of Carlsbad. 'California. a municioal comoration. , tsl-, by and (hereinafter called "District"), ' and PK CONTRACTORS, INC. whose principal place of business is PO BOX 3807, SPOKANE, WA 99220-3807 (hereinafter called "Contractor"). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: CARLSBAD WATER RECYCLING FACILITY CONTRACT NO. 36752 (hereinafter called "project'? 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum@) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, herhis 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 Standard Specifications for Public Works Construction (SSPWC) 2000 Edition and supplements thereto hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American .. Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. QRevised: 5/10/00 Contract No. 36752 Page 26 of 38 I -. 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 11, or Class 111 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 scheduled completion date provided for by the contract, but shall proceed with all work to be required for, performance of any part of the work, contractor shall not be excused from any 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, venfying 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 California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to copies of all applicable prevailing wages on the job site. QRevised: 5/10/00 Contract No. 36752 Page 27 of 38 - 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District and the City of Carlsbad. and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District or Clty. 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 City and District against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City and District. Defense costs include the cost of separate counsel for City and District, if City or District request separate counsel. IO. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to properly which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents. retxesentatives. employees or subcontractors. Said insurance shall meet the District's policy for insurance as stated in Resolution No. 772. .. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits ,_ .. indicted herein: a. Comprehensive General Liability insurance: $1,000,000 combined single limit per occurrence for bodily injury and properly damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the District and City, or its agents, officers or employees are additional insured. b. Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the Ci. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liabili Insurance contain, or are endorsed to contain, the following provisions: a. The District and Ci, 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; the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District or City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certiicate of insurance; one for each company affording general liabili and employers' liability. .- products and completed operations of the contractor; premises owned, leased, hired or borrowed by @Revised: 5/10/00 Contract No. 36752 Page 28 of 38 ,- b. The Contractor's insurance coverage shall be primary insurance as respects the District and City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District or City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District and City, 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 thirty (30) days' prior written notice has been given 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 City. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District and City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the District or City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the Board of Directors in Resolution No. 772. (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 $375,000 to the District using the informal dispute resolution process described in Public Contract included in the Supplemental Provisions I section. The contractor shall initially submit all claims over m WRevised: 5/10/00 Contract No. 36752 Page 29 of 38 " -~ - 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. (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 debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. - (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the Carlsbad Municipal Water District 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 Sen Diego County, California. I have read and understand all provisions of Section 11 above. - Pt 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the 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. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and QRevised: 5/10/00 Contract No. 36752 Page 30 of 38 (Inithi) 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 othelwise, 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. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or " Supplemental Provisions" attached hereto and made a part hereof. NOTARLAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: PK CONTRACTORS INC ~ ~~ ~ (name of Contractor) By: ma p- ATTEST / (print name and title) one officer signs, the corporation must attach a resolution certified by the secretary or assistant President or vice-president and secretary or assistant secretary must sign for corporations. If only secretary under the corporate seal empowering that officer to bind the corporation. If signed by an individual partner. the partnership must attach a statement of partnership authorizing the partner to execute this instrument. APPROVED AS TO FORM: RONALD R. BALL General Counsel - WRevised: 5/10/00 Contract No. 36752 Page 31 of 38 < r STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 2 1 st DAY OF MAY 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED MARK PEDERSON , KNOWN OR INDENTIFIED BY ME. L-3 "A" d d" NOTARY PUBLIC'IN AND FOR THE STATE OF WASHINGTON RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 - - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 21st DAY MAY 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPEARED STAN W HORTON, KNOWN OR INDENTIFIED BY ME. -+xu "--. - NOTARY PUBLIC IN'AND FOR THE STATE OF WASHINGTON RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 - Bond No. 103834299 LABOR AND MATERIALS BOND WHEREAS, the Board of Directors of the Ci of Cerkbed, State of California, by Ramlution No. 1149 adoptad MAY 14. 2002 , has awardsd to (hareinafmr designated as the "Principar?, a Contract for CARLSBAD WATER RECYCLING FACILITY CONTRACT NO. 36752 in me City d Carhbad, in skiel conformity with the drawin@s and specificdons, and ,ether Contract Documents now on fils in the Miice of the Seuet.ry of the BOOM of Dire*orr (Ci Clerk of tha Ci of Carlsbed) and all of Mid, are incorporeted hemin by this reference. WHEREAS, Principal has executed or is aboU to oxacute said ContmX and thm toms (hsrsof nquim the fumkhing of a bond, providii Mat if Principal or any of thair cubcMlrncton shall fail to pay for any materimle, provisions, prwendar or other supplim or team used In. upon or about ths perfomanu, of thc work agreed to be done, w for any work or labor done thHwn of any kind, thc Surety on this bond will pay the sam to the dant hereinlllt.r set forth. PK CONTRACTORS, INC. NOW, THEREFORE. WE, PK CONTRACTWC. ES Principal, (hsminafter designated BB the "~tIh'ECtOr), OndTRAVELERS CASUALTY AND SURETY COMPANY OF L Municipal Watar District in the sum A AMERICA the totel mthatmd amount pmyabk under said &tract by the Carlsbad Municipal Water Ditrict under tho Wmr of th. contrsd when the totel amount payable doas not exceed fn million dollan ($5,000,000) or, FW pOfmll(5asb) Of the -1 estimstsd amount payable under said contrael by thc Ci of Carlsbed unda the terms of M contrect when the total amount payabb is not la86 than five million dolam ($5,OOO,aaO) and dagl not excoed ten million dollars ($lO,OOO,OOO) or, TWOntY-flvct psrcsnt (25%) of the tOMl orthn.1.d amwnt payabb under said contnct by tho Ci of CarbbaU under th. brma of the Dontrod If the ContrSct exceeds 1.n mllii dollars (SlO,OOO,OOO) and for which payment unll and truly to be mode wa blnd oumIves. our heirs, exextors and adminislntws, SUCCOSSO~S, or ooaigns, jointly ad ~nlly, firmlybythosepmmtu. THE CONDITION OF THIS OBLIGATION IS SUCH that if- penon or hhmw uhconb.ctom hi to pay for any materirls, provisions, pmvander, supplies, or teams U in, upon, for, or about mC foremou~dw~theU~~~~nwnnw~~respedOcuchrvorkarlrbor,orfor pe~~anceofth.workcontract~tohed~,orforany~worlcorlsbwth~ofenykind,w any amounts requlrad to be deducted, withheld, and paid over to tho EmploVment Dapartment from the wag.5 of emplopeS of the contractor and subcomradwc punwnt to &On 13020 of the Unemployment Insurance Code with tesp~t to such w& and I- that tho sw wln pay for the same, not to EXUSU tho sum specified in the bond, and, do, m aa8e suit ts bw upan tho bond, costs and reasonabl~ axpans- and taa, indudha reason* attombs lese, to k fixad by the court. 8s required by the provislono of section 3248 of tho Callfomb Cil Code. This bond shall inum to the banetit of any and all persons, companies and snti(kd to fib L claims under TIM 15 of Part 4 of Divislon 3 of the CMl Code (commanchg with don 3082). In the ewnt that Contractor is an individual, it is @mod that the death of any such Contractor shall noi exonerate the Surety from its obligations under this Wnd. Ex~cW by CQNTRACTOR this 21st ExewtedbySURElYMis 21st d9 day of May I- 2002 , ' of May *- 2002 , CONTRACTOR SURETY: PK Contractors, Inc. Travelers Casualty and Suret (name of Contractor) (name of Sway) XfcEWia By: m-90- P.O. Box 2151, Spokane, Wa. 99210 (sign hem) (add- of W) MARK PEOERSON VICE PRESIDENT (509)358-3900 (print name here) L - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 21st DAY OF MAY 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPEARED MARK PEDERSON , KNOWN OR INDENTIFIED BY ME. ZL \ u,J,’1 NOTARY PUBLIC HAND FOR THE STATE OF WASHINGTON RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 - - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 21st DAY MAY 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED STAN W HORTON, KNOWN OR INDENTIFIED BY ME. c LLL 'rF- A+ "'-, NOTARY PUBLIC IN Am FOR THE STATE OF WASHINGTON RESIDING IN POST FALLS ID .- MY COMMISSION EXPIRES: JANUARY 20,2006 State of Washington ) County of Spokane ) I certify that I know or have satisfactory evidence that signed this document; on oath stated that he/she was authorized to sign the document and representative of the named surety company which is acknowledged it as the agent or California, for the purposes mentioned in this document. authorized to do business in the States of Washington and - DATED on May 21, 2002 Signature of Nota Bond No. 103834299 FAITHFUL PERFORMANCEMlARRANTY BOND WHEREAS, the Board of Directon of the Cartsbed Municipal Wahr District of the city of ", State of California. by Resolution No. 1149 , adopted Mav 14, 2002 , has awarded to PK CONTRACTORS. INC. , (hminder designated as the "F'principal"), a Contract far: CARLSBAD WATER RECYCLING FAClLllTY CONTRACT NO. 36752 in the Carlsbad Municipal Water Dii. in strict confomrily with the con6act, tha dnwings and specfications, end other Contract Documents IK~ on fila in tlw OfRw of tha Sacmtary of the ~mnj of Directors (City Clerk of the Ci of Caflsbed), all of whii am incorponted h.rsin by this mfmnw. WHEREAS, Principal has executed or is about to exclcute seid Contract and the tenns thersof require the furnishing of a bond for the hi1 pefhnancm and mnty of aald Contnct; NOW, THEREFORE, WE, PK CONTRACTORS. INC. , as Phdpl, (hminafter dmignd 88 ~~~fl, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA .asSWay,an~andfirmly~untothecl~Munldp~l Water District, in the sum of -0-FlfTYNlNEam (0 8,723. 859.00 ), said sum bdng equal to one hundmd prcsn( (loM6) d the dimated amount of th. Conbact, to be paid to Distrlct or Its certain attorney. ita wccessors and a-: for which paymemt. -11 and tfuly to ba made, we bind oureelves, our hoin. exocubrs and adminh$oton, succesmm or assigns, jointfv and ssverally. firmly by these presmfs. not axonerate the Surety from ita obligetions under this bond. In the evefit that Contractor is an individual, it is agreed mat the death of my wch Contractor shall d Executed by CONTRACTOR this 2 1 st Executed by SURETY this 2 1 st day of day of May , 2002. May , a-u. CONTRACTOR: SURETY: PK Contractors, Inc. Travelers Casualty and Suretv- (name of Contractor) (name of Sum) of America By: MAP!"-= P.O. Box 2151, Spokane. Wa. 99210 (slgn here) (addm of SW) MARK PEOERSON (509)358-3900 (pdnt name here) VICE PRESIDENT (Titin and Organiution of Signatory) Lois Stewart v By ar- *. I& @riM nom of Aaomey-in-Fact) (sbn hem) STAN W HORTON (Attach corpomte rewMiMl showing current (print nsmo here) -of-.) - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 21st DAY OF MAY 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPEARED MARK PEDERSON , KNOWN OR ~ INDENTIFIED q"~.;L BY ME. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON '.\ - RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 - STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 21st DAY MAY 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPREARED STAN W HORTON, KNOWN OR INDENTIFIED BY ME. 1. *-7 - ~ NOTARY PUBLICh AND FOR THE STATE OF WASHINGTON RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 State of Washington ) County of Spokane ) I certify that I know or have satisfactory evidence that on oath stated that he/she was authorized to sign the document representative of the named surety company which is and acknowledged it as the agent or authorized to do business in the States of Washington and California, for the purposes mentioned in this document. Lois Stwart signed this document; _- DATED on May 21, 2002 Sipnature of Nolar My appointment expires October 22s 2005 ._ .I' &+!.I348 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION / r 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 PK CONTRACTORS INC BOX 3807 SPOKANE WA 99220 - 38W whose address is hereinafter called "Contractor" and COMtHICA BANK whose address is 9777 WILSHIRE BLVO, STE 1004, MAIL CODE w3BEVERLY HILLS CA 90212 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 District and Contractor for CARLSBAD WATER RECYCLING FACILITY. CONTRACT NO. 36752 in the amount of 8,723,850.00 dated MAY 14, 2002 (hereinafter referred to as the "Contract"). ARematively, 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 the terms of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the 84wR oEm6. p between t strict and Contractor. Securities shall be held in the name of , and shall designate the Contractor as the beneficial owner. 2. The District shall make progress payments to the Contractor for such funds which othenvise 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 benefd 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 withdrawal by Contractor at any time and from time to time without notice to the District. interest earned on that interest shall be for the sole account of Contractor and shall be subject to 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 Distrid to the Escrow Agent that District consents to the withdrawal of the amount sought to be withdrawn by Contractor. \ *) %@Revised: 5/10/00 Contract No. 36752 Page 36 of 38 /- 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. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set fofth above. For District: Title MAYOR VE Address CARLSBA~ CA 92008 PK CONTRACTORS INC For Contractor: PO BOX 3807 SPOKANE WA 99220-3807 TIN: 91-0878004 509-536-7503 For Escrow Agent: Title VICE PRESIDENT Name MARK PEDERSON Signature m0Q- Address Po Box 3807 SPOKANE WA 99220-3807 Geverly Hills, CA 39212 ,- Revised: 5/10100 Contrad No. 36752 Page 30 of 38 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 District certiiying that the Contract is final and the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less complete and that the Contractor has complied with all requirements and procedures applicable to 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 and interest as set forth above. Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities on behalf of the District and on behalf of Contractor in connection with the foregoing,-and exemplars 10. The names of the persons who are authorized to give written notices or to receive written notice of their respective signatures are as follows: For District: For Contractor: PK CONTRACTORS INC PO BOX 3807 SPOKANE WA 99220-3807 509-536-7503 TIN: 91-0878004 Title FINANCF DIRFCTOR Name LISA HILDABRAND Signatur Address 1635 FARADAY AVE CARLSBAD CA kli Tie VICE PRESIDENT Name MARK PEDERSON Signature m Address PO BOX 3807 SPOKANE WA 99220-3807 Beverly Hills, CA 93212 r- e% b Revised: 5/10/00 Contract No. 36752 Page 37 of 38 ,” STATE OF WASHINGTON COUNTY OF SPOKANE ON THE 2 1 st DAY OF MAY 2002, BEFORE ME, WENDY F STIDHAM, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE SAID STATE, PERSONALLY APPEARED MARK PEDERSON , KNOWN OR INDENTIFIED BY ME. \&-a, 3- NOTARY PUBLIC IN ANb FOR THE STATE OF WASHINGTON RESIDING IN POST FALLS ID MY COMMISSION EXPIRES: JANUARY 20,2006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT /- State of California 1 ersonally known to me proved to me on the basis of satisfactory evidence .. .. to be the personfafwhose ,am& is/& subscribed to the within instrument and acknowledged to me th tJdshelJtu3y executed the sa$ in Jk?her/tdr authorized capacity and that by pdherlttd the entity upon behalf of which the persoN signature on the instrument the persoMor acted, executed the instrument. W!TNESS my handand official seal I. ..I.." Though the inlomation below is notequired by law. it may pmve vatuabie to persons retying on the document and could prevent lraodulent removal and reattachment ol this form io anolher document. Description of Attached Document Title or Type of Document: Kg: Pk P@NJT&lCTQfi /bc - Document Date: Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title@): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Consetvator 0 Other: Signer Is Representing: SUPPLEMENTAL PROVISIONS CONTRACT NO. 36752 CARLSBAD WATER RECYCLING FACILITY SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings, Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected". or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineel", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in placs and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the deftnitions assigned to them herein. Agency -the Carlsbad Municipal Water District of Carlsbad, California. Board of Directors - the Board of Directors of the Carlsbad Municipal District of the City of Carlsbad. " Y'" *Ir WRevised: 5/10100 Contract No. 36752 Page I of 33 Pages < Executive Manager - the Executive Manager of the Carlsbad Municipal Water District or hider approved representative. Dispute Board - persons designated by the Executive Manager to hear and advise the Executive Manager on claims submitted by the Contractor. The Executive Manager is the last appeal level for informal dispute resolution. Engineer -the Ci Engineer of the City of Carlsbad or hislher approved representative. The City Engineer is the third level of appeal for informal dispute resolution. Minor Bid Itern - a single contract Rem constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disabili insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor‘s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner OperatorlLessor - Any person who provides equipment or tools with an operator provided of the Agency or a public utility. Public Works Manager - The Construction Manager‘s immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Project Manager - the Deputy Ci Engineer of the Ci of Carlsbad or hisher approved representative. Construction Manager - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. .- who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee #Revised: 5/10/00 Contract No. 36752 Page 2 of 33 Pages ," 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Apts Bldg CMWD CSSD CfS Comm DR E G gal Gar GNV gpm IE LCWD MSL MTBM NCTD OHE S ROW SDRSD SDNR SFM - OMWD SWRCB T UE W VWD Word or Words Apartment and Apartments Building and Buildings Carlsbad Municipal Water District Carlsbad Supplemental Standard Drawings Cubic Feet per Second Commercial Electric Dimension Ratio Gas Gallon and Gallons Garage and Garages Ground Not Visible gallons per minute Invert Elevation Leucadia County Water District Mean Sea Level (see Regional Standard Drawing "12) Microtunneling Boring Machine North County Transit District Overhead Electric Olivenhain Municipal Water District Right-of-way Sewer or Slope, as applicable San Diego Northern Railway San Diego Regional Standard Drawings State Water Resources Control Board Sewer Force Main Telephone Underground Electric Water, Wider or Width, as applicable Vallecitos Water District SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board of Directors 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 of Directors and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the Board of Directors shall be final. GRevised: 5/10/00 Contract No. 36752 Page 3 of 33 Pages - 24 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of US. Department of Treasury Circular 570." Modify Paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful petformanceharranty bond shall be in the amount of 100 percent of the contract price . The Contractor shall provide bonds to secure payment of laborers and material suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable bu the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000. 2) Fifty percent (50%) of the total amount payable, by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable be the terms of the contract if the contract Both bonds shall extend in full force and effect and be retained by the Agency during this project until exceeds ten million dollars ($10,000,000). they are released according to the provisions of this section. The faithful performanceharranty 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 material suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. 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. instrument entitling or authorizing the person who executed the bond to do so. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2000 EdRion and supplements thereto the Southern California Chapter American Public Works Association and Southern California hereinafter designated "SSPWC", as written and promulgated by the Joint Cooperative Committee of Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of two sets. The first set is designated as City of Carlsbad Drawing No. 397-8 and consists of 187 sheets. The second set is designated as Pac Bell Undergrounding Plans and consists of 4 sheets, Project No. drawings used for this project are the latest edition of the San Diego Area Regional Standard . The standard Drawings. hereinafter designated SDRS, as issued by the San Diego County Department of Public @Revised: 5/10/00 Contract No. 36752 Page 4 of 33 Pages - " Works, together with the most recent edition of the Carlsbad Municipal Water District Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Documents, these Contract Documents contain two work components: Work Component 1 and Work Component 2. Each work component includes construction of certain facilities at the Carlsbad Water Recycling Facility and a separate order of precedence. The work components are as follows: Work Component 1 Construction of the Administration Building, Landscaping, Architectural Walls, Canopy Structures, architecturally treated features, and Electrical Building structure. Work Component 2 Construction of all other facilities including but not limited to the chemical storage and fwd facilities, yard piping, paving and grading, Avenida Encinas Improvements, and electrical and instrumentation. microfiltration system, reverse osmosis system, filtration system, chlorine contact basin, thickener, 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: - Work Component 1 2) Technical Specification Division 10 and Landscaping Plans 1) Permits from other agencies as may be required by law. 3) Technical Specification (All Divisions except Division IO) 4) Supplemental Provisions. 6) Standard Plans. 5) Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approve revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. Work Component 2 2) Technical Specification (All Divisions except Division 10) 1) Permits from other agencies as may be required by law. 4) Supplemental Provisions. 6) . Standard Plans. 5) Plans. " 3) Technical Specification Division 10 and Landscaping Plans a) Ci of Carlsbad Supplemental Standard Drawings. QRevised: 5/10/00 Contract No. 36752 Page 5 of 33 Pages - b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 7) Standard Specifications for Public Works Construction. 8) Reference Specifications. 9) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approve revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC in the order of precedence in section 2- 5.2 of the SSPWC shall prevail over the CALTRANS specifications in other matters. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending submittal has been given to the Engineer). Each sheet of each submittal shall be consecutively alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth 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: 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 6) Description of the contents of the submittals. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that he 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 certii 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: Tile: Date: Company Name: - 1) Project title and Agency contract number. - Add the following: 2-6.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, record set of blue-line prints, which shall be corrected in red daily and show every change from the underground piping, valves, and all other work not visible at surface grade. Prints for this purpose QRevised: 5/10/00 Contract No. 36752 Page 6 of 33 Pages .- 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 upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. 2-9 SURVEYING 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer, Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The surveyor shall file comer record@) as required by 55 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve othemrise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 28.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, ‘Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 rnm by 11”) paper. The field notes, calculations and data shall be clear and complete with name of the Surveyor, the party chief, field crew members, preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS ‘Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with 55 8700 - 8805 of the State of California Business and Professions Code when the surveyor petforms any surveying that such map is required under 55 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-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 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 . .- - centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, 5/10/00 Contract No. 36752 Page 7 of 33 Pages -. to the street right-of-way. Record@) of Survey(s) shall be submitted for the Engineer's review and shall show the location and justification of location of all permanent monuments set and their relation approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes the curb is not being built as a part of this contract. Staking and marking shall be completed by the shall be set to show the location and grade of future curbs adjacent to traffic signal locations where 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 utili vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 29.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake SeUing Tolerance L.teral Centerline or Parallel to Centerline Dascription @ Spacing@, @ Spaclng @, 0 (WtthW Street Centerline 7 mm (0.02) on streat s300m (1OOO'). Street Intersections, Begin SDRS "10 Monument continuous on PCC 8 AC 0.3 m (1') Horizontal at clearing line lath - InteNiSible, 5 15m (50') on tangents Lath in soil. 8 s 7.5m (25') on curves, Painted line - painted line Clearing section 2-9.2.1 herein plans Horizontal. also see centerline and end of curves, only when shown on the SUrfaCeS Stake Grade Breaks 8 57.6 m (25') 30 mm (0.1') Vertical B Horizontal ( Cmmnt curves when Rz 300m (1OOO') 8 7.5m (25) on Stake Horizontal Slope lntervisible and 5 15m (50') RP + Marker Fence 30 mm (0.1') NIA s 60 m (200) on tangents, 5 15m (50') on RP + Marker curves when Rs 300m (1OOO') offset) Rough Grade Cuts Stake or Fills 2 10 m RP + Marker s 15m (so') 30 mm (0.1') Vertical 8 NIA Hotizontal (33') (includes top of: RP + Marker Final Grade 3Wm (looo') 8 s 7.5m (25') on curves when Stake. 10 mm C/q3 Hotizontal 6.7 m (22') s 15 m (50') on tangents 8 curves when & 8 7 mm ( 1.3 Vertical Basement soil, top in grading subbase and area R s 300m (1OOO') base) Asphalt Pavement 8 7 mm ( I;) Vertical pavement, points shown on the plan whichever provides previous Finish Course 10 mm fll? Horizontal edge of s 7.5m (25') or as per the intersection grid RP. Paint on course the denser information width. crown paving pass line 8 grade breaks Structures, Pipes RP + Marker Drainage Stake FaciliiesO, UJ 8 similar 8 7 mm ( 143 Vertical BC B EC of facilities, Grade breaks, 10 mm ('$3 Horizontal as appropriate intervisible 8 s 7.5m (25'). beginning end end, Alignment breaks, Junctions, Inlets 8 similar facilles. Risers 8 similar fadliies (except plumbing), Skewed cutoff lines a WRevised: 5/10/00 Contract No. 36752 Page 8 of 33 Pages curb Traffic Signal @ Signal Poles d Controller 0 Junction Box ( Conduit a, Minor Structure ( Abutment Fill Wall (D Major Structure C Footings, Bent Abutments 8 Wingwalls superstructure Miscellaneous 5 Contour Gradin Utilities a, @I a, Channels, Dike 8 Ditches 0 Signs Q, Subsurface Drains a Overside Drain! a, Markers '3 Railings 8 - Barriers a AC Dikes '3 Box Culverts RP + Markel Stake RP + Markel Stake RP + Markel RP + Markel Stake Stake RP + Marker Stake + Line Stake RP + Markel Stake + Line Stake RP + Marker Stake + Line 'oint +Guam Stake RP + Marker Stake + Line 'oint +Guar( Stake RP ?P + Marker ?P + Marker Stake Stake ?P + Marker Stake 3P + Marker 3take + Line 'oint +Guard Stab iP + Marker Stake iP + Marker Stake 1P + Marker Stake ?P + Marker Stake ZP + Marker Stake 5 7.5171 (25'). BC 8 EC, at Y!, 'M 8 %A on ( WnStant 10 mm (7s') Horizontal curb returns 8 at beginning 8 end offset) 8 7 mm ( 14') Vertical Vertical locations shall be based on the i I ultimate elevation of curb and sidewalk I I at each pole 8 controller location I as appropriate I10 mm ("la') Horizontal I at each iunction box location I as amrooriate I10 mm 1%') Horizontal I 8 7 mm ('14') vertical I I 15 m (50) on tangents 8 curves when R2 I as appropriate I10 mm ("la.) Horizontal I 8 7 mm ?idn) Vertical .. . 300m (1000) 8 5 7.5m (25') on curves when R 5 300m (1000) or where grade 5 0.30% 8 when depth cannot existina Davement 7 be measured from for catch basins: at centerline of box, ends of box 8 wings 8 at each end of the local 10 mm c'la, Horizontal as appropriate 8 7 mm ('147 Vertical ~ ~~~~~ depression CI (when vertical data 5 15 m (50') 8 along end slopes 8 conic 30 mm (0.1') Vertical 8 as appropriate needed) transitions Horizontal 5 15 m (50) and at beginning 8 end of each 8 wall height changes in footing dimensions &or elevation 8 7 mm ('147 vertical wall, BC 8 EC. layout line angle points. 7 mm ('14") Horizontal as appropriate I 3 m to 10 m (10 to 33) as required by the beginning 8 end. Elevation points on footinos Engineer, BC 8 EC. transition points 8 at as appropriate - - at bottom of cohnns - 3 m to 10 m (10 to 33) sufficient to use string as appropriate lines. BC 8 EC. transition wints 8 at beginning 8 end. Elevation points on footings at bottom of columns 5 15 m (50') 300m (IOOO') 8 5 7.5m (25') on curves when along contour as appropriate 5 15 m (50) on tangents 8 curves when R> line R 5 300m (1W) or where grade 5 0.30% I faciliies. Grade breaks. Alianment breaks. intervisible 8 5 30 m (loo'), BC 8 EC of as appropriate Junctions, Inlets 8 simiiar facilities ~. At sign location Line point 10 mm ("/$) Horizontal 8 7 mm ( 14') Vertical 10 mm ("11.) Horizontal 8 7 mm ( 14') Vertical 30 mm (0.1') Vertical 8 10 mm ("If) Horizontal Horizontal 8 7 mm ( 14') Vertical Horizontal 8 7 mm 30 mm (0.1') Horizontal facilities. Grade breaks. Alignment breaks, intervisible 8 5 15m (so'), BC 8 EC of Horizontal 8 7 mm 30 mm (0.1') Junctions. Inlets 6 similar facilities. Risers 8 ('/dl vertical similar faciliiies ~. ~~~~ I . ., longitudinal location At beginning 8 30 mm (0.1') end Horizontal6 7 mm 5 ( 1.3 Veltical for asphall street surfacing 5 15 m (50) on 7.5m (25') on curves when R 5 300m (IOOO'). locatiOn(S) :angents 8 curves when RT 3Wm (IW) 8 5 7 mm ('14') Horizontal At marker At beainning 8 end and 5 15 m (50) on IO mm l%? Horizontal at railina 8 angents-8 curyes when R T 3Wm ilodo') 8 SI barriel I e'Vertical I 1 Horizontal &Vertical 3 m to 10 m (10 to 33) as required by the I as appropriate I10 mm ?la*) Horizontal *) WRevised: 5/10100 Contract No. 36752 Page 9 of 33 Pages Engineer, BC 8 EC, transition points 8 at 8 7 mm Vertical beginning 8 end. Elevation points on footings 8 at invert Pavement Markers3 7 mm ('/dm) Horkontal at pavement 60 m (200) on tangents. 15m (50) on curves RP curves when R s 300m (1000) For PCC marker when R 2 300m (1000) 8 7.5m (25) on location@) surfaced streets lane cold joints will suffice a Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features (€I Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation 8 inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table and the accuracy requirements of the RP meet the requirements for the feature @J Perpendicular to centerline. 0 Some features are not necessarily parallel to centerline but are referenced thereto @ Multi-plane surfaced features shall be staked so as to provide line 8 grade information for each plane of the feature EI 2 means greater than, or equal to, the number following the symbol. 5 means less than, or equal to, the number 13 The cut datum for storm drainage 8 sanitary sewer pipes B similar structures shall be their invert. The cut datum fn following the symbol. all other utilities shall be the top of their pipe or conduit. 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(8) TABLE 2-9.2.2(B) Survey Stake Color Code for Construction Staking Type of Stake Jhscription I Cd& Horizontal Control I Coordinated control points. control lines, control reference points, centerline. I Whitemad - I alignments. etc. I Verlical Control 1 Bench marks * Flagging and marking cards, if used. Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full for the replacement of disturbed monuments and the filing of comer records shall be incidental to the compensation for attendant survey work and no additional payment will be made therefor. Payment therefor. work necessitating the disturbance of said monuments and no additional payment will be made 2-10 AUTHORITY OF BOARD AND ENGINEER /I Add the following section: 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. a WRevised: 5/10/00 Contract No. 36752 Page 10 of 33 Pages ," Add the following section: 2-10.2 Audlt 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 subcontractor's 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 the 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 of its subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 -- CHANGES IN WORK 3-3 EXTRA WORK. - 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of shall be the edition of the, "Labor Surcharge & 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 rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and prof&: 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 aRevised: 5/10/00 Contract No. 36752 Page 11 of 33 Pages .."- 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 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 Repom by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and measurement or errors of computation as to contract quantities. The written notice of potential claim 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 therewith. their discovery and before they are disturbed shall constiute a waiver of all claims in connection 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 12650-1 2655. "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: Tie: 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 *, WRevised: 51101W Contract No. 36752 Page 12 of 33 Pages " . - matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code (PCC) 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 4. City Engineer 5. Public Works Director 6. Executive 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 Executive Manager after which 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 Executive Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code. Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-fwe thousand dollars ($375,000) or less which arise between a contractor and a local agency. public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (2) This article shall not apply to any claims resulting from a contract between a contractor and a (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, 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 @Revised: 5/10/00 Contract No. 36752 Page 13 of 33 Pages 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. extend the time limit or supersede notice requirements otherwise provided by contract for the filing of Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to claims. @)(I) 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. claimant within 15 days after receipt of the further documentation or within a period of time no greater (3) The local agency's written response to the claim, as further documented, shall be submitted to the than that taken by the claimant in producing the additional information, whichever is greater. seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written (c)(l) For claims of over ffty thousand dollars ($50,000) and less than or equal to three hundred the claim, any additional documentation supporting the claim or relating to defenses to the claim the claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of 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. the claimant within 30 days after receipt of the further documentation, or within a period of time no (3) The local agency's written response to the claim, as further documented, shall be submitted to greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 (d) If the claimant disputes the local agency's written response, or the local agency fails to respond days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title I of the Government Code. For shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) purposes of those provisions, the running of the period of time within which a claim must be filed time utilized by the meet and confer process. until the time that claim is denied as a result of the meet and confer process, including any period of construed to change the time periods for filing tort claims or actions specified by Chapter 1 (f) This article does not apply to tort claims and nothing in this article is intended nor shall be 3.6 of Title 1 of the Government Code. (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 20104.4. The following procedures are established for all civil actions filed to resolve claims subject shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court The mediation process shall provide for the selection within 15 days by both parties of a disinterested *, WRevised: 5/10/00 Contract No. 36752 Page 14 of 33 Pages - to this article: - 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. Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to 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 (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. .- except as otherwise provided in the contract. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, rile 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting', from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. ,,." ow WRevised: 5/10/00 Contract No. 36752 Page 15 of 33 Pages - At the option of the Engineer, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, delete the following phrase: ”Unless otherwise authorized by the Engineer, the substantiation of offers must be submitted within 35 days after the award of Contract.” add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING EL STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quality and quality received, prepare storage area@), store, handle, protect, move relocate, remove and dispose excess of all during working hours, as defined in section 6-7.2 and shall be accompanied by bills of lading that materials used to accomplish the Work. Materials shall be delivered to the site of the work only 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@) shipped. within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease Prior to storage of any materials which have been shipped to or by the Contractor to any location 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 such storage shall conform to all laws and ordinances that may pertain to the materials stored and removal of the materials and restoration of the storage site within the time allowed for the Work. All 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 venfy the suitability of materials and their proper storage at any time during the Work. ,.” SECTION 5 - UTILITIES 6-1 LOCATION. Add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 54 RELOCATION. Delete the first paragraph and substitute the following: In order to minimize a WRevised: 5/10/00 Contract No. 36752 Page 16 of 33 Pages delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-6 COOPERATION. Add the following: EXAMPLES OF DESCRIPTIONS OF PHASING OF WORK ”San Diego Gas 8 Electric (SDG8E) will remove the power poles the undergrounding work on the north side of the road is completed.” Contractor shall coordinate with SDG&E for the removal of the poles upon completion of the wiring and powering of the new undergrounding by SDGBE. Contractor shall protect the existing power poles during all phases of the contract.” SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 7 calendar days after receipt of the “Notice to Proceed”. Add the following section: 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. Add the following section: 6-1.1.1 Baseline Construction Schedule SubrnittPI. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. Add the following section: 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, .- 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will ,-- including all milestones necessary to define beginning and ending of each phase or stage. Add the following section: QRevised: 5l10100 Contract No. 36752 Page I? of 33 Pages ". 6-1.2.1 TimeScaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. Add the following section: 61.2.2 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 late finish, the total float, and all predecessor and successor activities for the activity described. the identification number, the description, the duration, the early start, the early finish, the late start, Add the following section: 6-1.2.3 Bar Chart As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.2.4 Schedule Soflware. The Contractor shall use commercially available software equal to the Windows 95 compatible 'Suretrak program by Primavera or "Project" program by Microsofi Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5") data disk with all network information contained thereon, in a format readable by a Microsofi Windows 95 system The Agency will use a 'Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the 'Suretrak" program by Primavera or 'Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through the on-site training shall be submitted to the Engineer for approval five working days before the start Thursdays, inclusive, between the hours of 8:OO a.m. and 5:OO p.m. The location dates and times of Construction Schedule. of the on-site training. The training shall be completed prior to the submittal of the first Baseline Add the following section: 6-1.2.6 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utili interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activtty's construction shall be submittals shall be included in the schedule. shown as a restraint to those activities. Time periods to accommodate the review and correction of " *) WRevised: 5/10/00 Contract No. 36752 Page 18 of 33 Pages c_ Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for default by Contractor, per section 6-4. Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual timespan of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Add the following section: 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these special 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 special 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. Add the following section: 64.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.10.2 "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 3.1. Add the following section: 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as corrections and changes of the comments prior to receipt of payment per section 6-1 B.1. The Notice Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract required hereinbefore and marked 'Accepted" or "Accepted with Comments" by the Engineer. The 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. - r- *) ifSRevised: 5/10/00 Contract No. 36752 Page 19 of 33 Pages - Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copyand electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started 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 notication to the Engineer with the update. Add the following section: 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a 3'/2. high density diskette, labelled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6- 1.2.2 Schedule Software and shall be free of file locking, encryption or any other protocol that would ". impede full access of all data stored on it. Add the following section: 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. Add the following section: 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. Add the following section: 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per sections 6- 1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". Add the following section: QRevised: 5/10/00 Contract No. 36752 Page 20 of 33 Pages .- 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 B.2. Add the following section: 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. Add the following section: 6.1.4.3 “Not Accented.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in^ the Engineer’s comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted“ by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility. Add the following section: 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone 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. Add the following section: 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final Schedule be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and Update must accurately represent the actual dates for all activities. The final schedule update shall 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 .- duration, the Agency may withhold Liquidated Damages for the number of days late. Should a 9-3.2. Add the following section: - 6-1.8. Measurement and Payment Construction Schedule will be paid for at the stipulated lump sum price of ffleen thousand two hundred dollars ($15,000.00). The stipulated lump sum price paid for Construction Schedule shall include full compensation for furnishing all labor, materials including, doing all the work involved in attending meetings, preparing, furnishing, updating, revising the but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for @Revised: 5110100 Contract No. 36752 Page 21 of 33 Pages tabular, bar and flow chart Construction Schedules and narrative reports required by these special provisions and as directed by the Engineer. The Engineer's determination that each and any construction schedule proposed by the Contractor complies with the requirements of these special provisions shall be precedent to each and any payment for the Construction Schedule. Payments for Construction Schedule will be made as per sections 6-1.8.1 through 6-1.8.3. Add the following section: 6-1.8.1 Initial Payment Seven thousand two hundred dollars ($7,200.00) of the stipulated lump sum bid for the Construction Schedule will be made when the Engineer has accepted a Construction Schedule for this project Add the following section: 6-1 3.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of three hundred sixty dollars ($360.00) will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as required herein, that the Engineer has accepted as sufficient within the month that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked "Accepted" by the Engineer on or before the twentieth working day of the month such monthly updated construction schedule is due per section 6-1.3 Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule. Add the following section: 6-1.8.3 Concluding Payment. A Final payment of one thousand five hundred and twenty dollars ($1,520.00) for the Construction Schedule will be made when both one hundred percent of the contract work is completed and the Engineer has accepted a final construction schedule update ending dates and all other data that is required for baseline and update schedules for each activity shown on the baseline construction schedule and updates thereto that the Engineer accepted for this project. - prepared and submitted by the Contractor as required herein that shows the actual beginning and Add the following section: 6-1.1 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 therefor. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes construction of the Carlsbad Water Recycling Facility at Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, "The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor. the Contractor's Representative or any other employ& or subcontractor or subcontractor's employee at these ~~~ ~ - meetings will be made. *, WRevised: 5/10/00 Contract No. 36752 Page 22 of 33 Pages _. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice@) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(@ therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 360 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer. the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in hisher sole opinion, such work conducted inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is 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 ofice of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any Delete the first sentence of the third paragraph and substitute the following two sentences: All faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay of the second paragraph and add the following: For each consecutive calendar day in excess of the .~ by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the -. the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00). Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day within the allotted time. Any progress payments made after the specified completion date shall not is the minimum value of costs and actual damages caused by the Contractor to complete the Work *, WRevised: 5/10/00 Contract No. 36752 Page 23 of 33 Pages - constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 74 WORKERS COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. _- Add the following section: 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in Appendix 'A' of these special provisions. Resource agency permits ertaining to this pro'ect include: 1) California Coastal Commission permit number p issued on A. 2) California Water Quality Control Board permit number = issued on = 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utili 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. 78.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the QRevised: 5/10/00 Contract No. 36752 Page 24 of 33 Pages - - appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control, Add the following: The Contractor shall comply with all Add the following section: requirements of the storm water pollution and monitoring plan prepared for this project with mufflers in good repair when in use on the project with special attention to the City Noise Control 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. 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. traffic and/or parking or pedestrian routes, the Contractor shall give written notication of the Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular 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 notied. 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 work and simple instructions to the home or business owner on what they need to do to faciliite the shall not be connected to either number. The notification shall also give a brief description of the construction. The Contractor shall submit the contents of the notication to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a 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 the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of and re-posted 48 hours in advance of the rescheduled work. QRevised: 5/10/00 Contract No. 36752 Page 25 of 33 Pages ,- The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: At least 5 working days prior to closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer ...................................................................................... (760) 602-2407 2) Carlsbad Fire Department Dispatch .................................................. (760) 931-2197 3) Carlsbad Police Department Dispatch .............................................. (769) 931-2197 4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 5) Carlsbad Traffic Signals Operations .................................................. (760) 438-2980 6) North County Transit District .............................................................. (760) 967-2828 7) Coast Waste Management ................................................................ (760) 929-9400 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.l.et seq. All temporary reflective channelizers shall conform to the provisions of section 214- to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction borne conforming to section 210-1.6 for materials and section 310-5 et seq. For workmanship. and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted .signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in install stationary construction area signs shall be performed by hand methods without the use of performing excavation for signs in order to protect underground facilities. All excavation required to power equipment. Warning and advisory signs that are used only during working hours may be the traveling public during non-working hours. During the hours of darkness, as defined in Division I, portable signs. Portable signs shall be removed from the traveled way and shielded from the view of Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed - markings, delineation or devices as may be required herein, the Engineer may, at hidher sole option, 5/10/00 Contract No. 36752 Page 26 of 33 Pages -~ or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 7.6 m (25) intervals to a point not less than 7.6 m (25) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 1 .E m (a), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the 0.6 m (2') shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. " During the entire construction, a minimum of (insert appropriate number of lanes) paved traffic lanes, traffic in each direction of travel. not less than (insert appropriate minimum lane width 3.6m (12')) wide, shall be open for use by public Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS "Manual of Traffic Control", latest edition (english units) and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control traveled way, shall be removed from the traveled way and shoulder at the end work period. If the system, except portable delineators placed along open trenches or excavation adjacent to the Contractor so elects, said Components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until he has submitted its plan to the Engineer and has " received the Engineer's written approval of said plan. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 5/10/00 Contract No. 38752 Page 27 of 33 Pages " of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary of the temporary pavement delineation shall be removed. pavement delineation is required to be removed, all lines and marks used to establish the alignment Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Tralfic Control Plan Sheets. The Contractor shall prepare traffic control for the project in accordance with the Contract Documents. In addition to the requirements presented in the Contract Documents, the traffic control plans shall include: 1) K-rail along new widened roadway section with temporary removal of existing 2) cone delineation in area of pipeline installation. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include features affecting the traffic control plan and the methodology proposed to transition to the sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. The level of detail, format, and graphics shall be of quality and size no less than those on "Standard Specifications Reference Traffic Control Plan" Drawing number 368-5 Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS, 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The -~ Engineer may approve any such modifications. supplements, and/or new designs to the TCP when, prepared by the registered professional engineer retained by the Contractor will be beneficial to the in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP best interests of the Agency. Such modification, addition, supplement, and/or new design shall not bo implemented and no work shall be commenced that is contingent on such approval until the changed ~ .- roadway striping along Avenida Encinas and installation of new temporary striping for traffic routing, rn fSRevised: 5/10/00 Contract No. 36752 Page 28 of 33 Pages I TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for 'Yraffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these special provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum for at the unit price bid. When there is no bid item for the cost of labor and material for portable concrete barriers, they will be paid as an incidental to the work being performed, and no additional payment will be made therefor. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. The Contractor shall prepare and correct TCP and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefor. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons erect and properly maintain at all times, as required by the conditions and progress of the work, all on, about, or adjacent to the premises where the work is being performed. The Contractor shall against hazards created by such features of construction as protruding nails, hoists, well holes, and necessary safeguards for the protection of workers and public, and shall use danger signs warning falling materials. 713 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. - SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL _-- 8-2 FIELD OFFICE FACILITIES. Add the following: Contractor shall furnish the Engineer a "Class A Field office. The field office shall be for the exclusive use of the Engineer and such other individuals that the Engineer may designate. The field office shall be a separate structure from any other office m WRevised: 5/10100 Contract No. 36752 Page 29 of 33 Pages .- facility. The Contractor shall maintain the field office throughout the entire duration of the contract unless the Engineer shall otherwise direct. 8-2.1 Class “A” Field Office. Add the following: Additionally the “Class A“ Field Office shall be provided with: one (1) additional standard 1.5 m (5’) double pedestal desk with two chairs, one (1) electrostatic copier and supplies, copier shall be Xerox Model 5018, or equal, one (1) FAX machine Panasonic Model Panafax UF-560 or Sharp model FO-5400T, or equal and one (1) additional plan rack shall be provided. Water cooler to have hot and chilled water. The integral sanitary facilities may be separate enclosed toilets per Section 7-8.4. Furnishings are subject to agency approval. The field office shall be located at a site satisfactory to the Engineer and within or immediately adjacent to the limits of work. Access and three parking spaces for the exclusive use of the Engineer and hidher The field office shall have a 600 mm by 900 mm (24 by 36’3 sign affixed near the entry door. The sign designees that are convenient and satisfactory to the Engineer shall be provided by the Contractor. text shall be proportioned as shown below. The Contractor shall affix a Ci seal to the sign in a centered location. The Ci seal will be supplied by the Engineer. I CITY OF CARLSBAD ENGINEERING INSPECTION 8-6 BASIS OF PAYMENT. Add the following: Payment for field office will be made at the monthly price bid and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the project, providing utilities including, but not limited to, electrical, telephone, potable water and sanitary facilities, and maintenance. The, monthly rate will be paid for each full calendar month throughout the duration of the contract that the field office, complete with all facilities and utilities, is available to the Engineer and on the project excepting when the Engineer has ordered that the fdd office be removed from the project. SECTION 9 - MEASUREMENT 8 PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 91.4 Units of Measurement, modi as follows: The system of measure for this contract shall be the US. Standard Measums. c 9-3 PAYMENT. @Revised: 5/10/00 Contract No. 36752 Page 30 of 33 Pages - 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods, shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion.” 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate If payment of the undisputed supplemental payment request is not made within thirty (30) days after . .. set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. The 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 quanti or payment amount. The Contractor shall provide all docurnentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. @Revised: 5/10/00 Contracl No. 36752 Page 31 of 33 Pages - 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be written notice or protest is required under any provision of this contract including sections 3-4 considered that was not included in this written statement, nor will any claim be allowed for which Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5. Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated .- into the work will be included in the progress estimate. Add the following section: 93.4.1 Mobilkation and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lumpsum price paid for mobilization shall not exceed eighty thousand dollars ($80,000.00) and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsiie facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobiliation and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. OR - Add the following section: 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. *, WRevised: 5/10/00 Contract No. 36752 Page 32 of 33 Pages .- APPENDIX “A” RESIDENT NOTIFICATION EXAMPLE I CITY OF CARLSBAD CONSTRUCTION WORK ABC CONTRACTORS OFFICE # (760)xxXXXXX FIELD # (76O)XXX-XXXX As a part of the City of Carlsbad’s and Carlsbad Municipal Water Dear resident: facilities, your street will be closed to allow for pipdine District‘s ongoing program to maintain its water and sewer construction. This construction will require the closing of your street to through traffic for X days. Your street, from Xn St. to Xn Ave. will be closed to through traffic on: MON. TUE. WED. THU. FRI. DATE: from 7:OOA.M. to 500 P.M. If you don’t plan to leave your home by 7:OO A.M. on the above date(s) please park your car on an adjacent street in your neighborhood that will not be impacted. work for the city and you may call them at (760)XXX-XWCY if you ABC is the Contractor that will be performing the construction have any questions regarding the project. Mail delivety may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the Cws Engineering Inspection Department at 438-1 161x4323. Thank you for your cooperation as we work to make a better City of Carlsbad. GRevised: 5/10/00 Contract No. 36752 Page 33 of 33 Pages State Water Resources Control Board Boilerplate ,- BOILERPLATE 1 - STATE WAGE RATE CLAUSES (Facilities Plan Approval after June 18,1998, Federal Wage Rates are not required) not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Pursuant to Sections 1720 et seq., and 1770 et seq., of the California Labor Code, the successful bidder shall pay Industrial Relations for public works projects of more than one thousand dollars (Sl,OOO). Copies of such prevailing rate or per diem wage are on file at {loan recinient's nrinciual office), which copies shall be made available to any interested party on request. The successful bidder shall post a copy of such daerminations at each job site. The successful bidder intending to use a craft or classification not shown on the prevailing rate determinations may be required to pay the rate of the craft or classification most closely related to it. 2 - LABOR CODE SECTION 1776 COMPLETE PAYROLL RECORDS; CERTIFIED AND AVAILABLE (a) Each contractor and subconmctor shall keep an accurate payroll record, showing the name, address, social security number, work classification, and straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. .- &I) The payroll records enummted under subdivision (a) shall be certified and shall be available for inspcaion at all reasonable hours at the principal office of the contractor on the following basis: (I) A certified copy of an employee's payroll record shall be made available for inspection or fumiihed to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection 01 fumished upon request to a rcprescntative of the body awarding the contracf the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards ofthe Department of Industrial Relations. public for inspection or for copies thereof However, a request by the public shall be made through either the body (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (Z), the requesting party shall, prior to beig provided the records, reimburse the costs of preparation by the contractor, subconiractom, and the entity through which the request was made. The public shall not be given accw to the records at the principal oficc of the contlllc1oT. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. requested the records withii IO days after receipt of a written request. (d) Each contractor shall file a certified copy of the records enumerated in subdivision (a) witb the entity that agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standsrds Enforcement shall be marked or oblitemted in a manner so as to prevent disclosure of an individual's name, address, and social security number. The name and address of the conbactor awarded the eontract or performing the contract shall not be marked or obliterated. (e) Any copy of records made available for inspcaion as c0pie.s and fiunished upon request to the public or my public - March 17.2000 BP-I (f) Ihc contractor shall inform the body awarding the contract of thc location of the rccdrds mumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. 7 respects the contractor must comply with this section. In the event that the contractor fails to comply withiin the IO- (9) Ihc contractor shall have IO days in which to comply subsequent to receipt of written notice specifying in what day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollan ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld 6om progress payments then due. These stipulations shall fix the responsibility for compliance with this section on the prime contractor. 0) The body awardiig the contract shall cause to be ind in the contract stipulations to effectuate this section. (i) The director shall adopt rules consistent with the California Public Records Act, (Chapter 3.5 (commencing with Section 6250), Division 7, Title 1, Government Code) and the Information Practices Act of 1977, (Title 1.8 (commencing with Section 1798). Part 4, Division 3, Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. 3 - LABOR CODE SECTION 1777.5 EMPLOYMENT OF PROPERLY REGISTERED APPRENTICES Nothiig in this chapter shall prevent the employment of properly registad apprentices upon public works. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations Of the crafl or bade at which he or she is employed, and shall be employed only at the work of the crafl M trade to which he or she is registered. - apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3, are eligible to be employed on Only apprentices, as defined in Section 3077, who are in haining under apprenticeship standards and Written public works. The employment and training of each apprentice shall be in accordance with the apprenticeship standards and apprentice agreements under which he or she is mining. When the contractor to whom the conttact is awarded by the state or any political subdivision, or any subcontractor under him or her, in performing any of the work under the contract or subcontract, employs workers in any apprenticeable craft or bade, the connactor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship committee or committees, subsequent to approving the subject contractor or subwnnactor, shall anange for thc dispatch of apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contract award information to the applicable joint apprenticeship committee which shall include an estimate ofjourneyman hours to be performed under the con- the number of apprdces to be joint apprenticeship committee or Committees admiisteTing the apprenticeship standards of the craft or bade in thc employed, and the approximate dates the apprrntices will be employed. There shall be an affmnative duty upon the area of the site of the public work to ensure equal employment and affvmarve action in apprenticeship for women and minorities. Conuactors or subwntractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates, but, except work performed by apprentices to journeymen who shall be employed in the craft or trade on the public work may be as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentices work for every five hours of labor performed by a journeyman. However, the minimum ratio for the land meyor classification shall not be less than one apprentice for each five journeymen . ,- the joint apprenticeship committee, is employed at the job site and shall be computed on the basis ofthe hours worked Any ratio shall apply during any day or portion of a day when any joumyman, or the higher standard stipulated by during the day by journeymen so employed, except for the land surveyor classification. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract. However, the contractor shall March 17,2000 BP-2 endeavor, to the greatest extent possible, to employ apprentices during the same time paiod that the journeymen io thc me craft or trade are employed at the job site. When an hourly apprenticeship ratio is not feasible for a particUlU order a minimum ratio of not less than one apprentice for each five journeymen in a craft or bade classification. .- craft or trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may The contractor or subconwaor, ifhe or she is covered by this senion, upon the issuance of the approval certificate, or if he or she has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio Of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the conbdctor that he or than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land meyor she employs apprentices in the craft M bade in the state on all of his or her contracts on an annual avemge of not less classification, one apprentice for each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the contractor fiom the 1-10-5 hourly ratio as set forth in this section. This section shall not apply to contracts of general conhacton or to contracts of specialty conhacton not bidding for work thugh a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000) or 20 workiig days . Any work performed by a journeyman in excess of eight hours per day or 40 hours per week, shall not be used to calculate the hourly ratio required by this section. "Apprenticeable craft or trade," as used in this section, means a craft or bade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the I-to-S ratio set foh in thii section when it hds that any one of the following conditions is met: (a) Unemployment for the previous three-month period in the area exceeds an average of 15 percent . @) The number of apprentices in training in such area excccds a ratio of 1 to 5 . (c) Then is a showing that the apprenticeable craft or trade is replacing at least one-thiieth of its journeymen annually through apprenticeship training, either on a statewide basii, or on a local basis. which would jeopardii hi or her life or the life, safety, or property of fellow employees or the public at large 01 if the journeyman. specific task to which the apprentice is to be assigned is of such a nature that imining cannot be provided by a (d) Assignment of an apprentice to any work performed under a public works contract would create a condition on a local or statewide basis the member conttacton will not be required to submit individual applications for approval When exemptions are granted to an organization which represcnu contractors in a specific trade iivm the 140-5 ratio to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subeontractor under him or her, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or hade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any mfl or bade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or bade in which he or she employs journeymen or apprentices on the public work in the same amount or upon the same basii and in the same manner as the other contractors do, but where the ttust fund admiiistratm are unable to accept the funds, contmctm not signatory to the add the amount of the contributions in computing his or her bid for the conhact The Division of Labor Standards Enforcement is authorized to enforce the payment of the contributions to the fund or funds as sct forth in Section 227. The body awarding the conw shall cause to be inserted in the contract stipulations to effectuate this section. The agnnnent shall pay a lie amount to the California Apprenticeship Council. The contractor or subwntractor may stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime WIltIaCtor. All decisions of the joint apprenticeship commh under this don are subject to Section 3081, BP-3 March 17,2000 4- LABORCODE SECTION 1810 .- DEFINITION A LEGAL DAY'S WORK law of this State, or under the direction, or control, or by the authority of any officer of this State acting in his official Eight hours labor constitutes a legal day's work in all cases where the same is performed under the authority of any capacity, or under the direction, or control or by the authority of any municipal corporation, or of any officer thereof. A stipulation to that effect shall be made a part of all contracts to which the State or any municipal corporation therein is a Party. 5 - LABOR CODE SECTION 1813 PENALTY FOR OVERTIME ON ANY PUBLIC WORK CONTRACT The contractor shall, as a penalty to the State or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each workman employed in the execution of the contract by the contractor or by any subconnactor for each calendar day during which such workman is required or pmnitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted therein a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the connact, and shall report them to the officer of the State or political subdivision who is authorized to pay the contractor money due him under the contract. 6- LABORCODESECTION 1815 MINIMUM OVERTIME PAY Notwithstanding the provisions of Sections I810 to 1814, inclusive, ofthis code, and notwithstanding any stipulation excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation inserted in any connact pursuant to the requirements of said sections, work performed by employees of contractors in for all hours worked in excess of 8 hours per day at not less than one and one-half (1.5) times the basic rate of pay. . " with the provisions of Section 3700 of the Labor Code, every contraclor will be required to secun the payment of compensation to his employees. 8- CONTRACTOR CERTIFICATION TO LABOR CODE SECTION 3700 LABOR CODE SECTION 1861 The awarding body shall cause to be inserted in every public works contract a clause providing that, in accordance certification prior to performing the work of the contract: "I am aware of the provisions of Section 3700 ofthe Labor Code which require every employer to be insured against liability for workers' compensation or to under?ake 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." Each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following 9 - CULTURAL RESOURCES implemented to insure historic preservation and faii compensation to the Contractor for delays attendant to cultural In accordance with the National Historic Preservation Act of 1966, (16 U.S.C. 470), the following procedures an resources investigations. resources) are discovered during subsurface excavations at the site of construction, the following procedures shall be instituted: 1) The Engineer shall issue a "Stop Work Order" directing the Contractor to cease all consbwtion operations at the location of such potential cultural resources find. In the event potential Historical, Architecml, Archeological, or CumVal Resources (hmin after cultural - March 17,2000 BP-4 2) Such “Stop Work Order” shall be effective until such time as a qualified archeologist can be called to assess the value of these potential cultural resources and make recommendations to the State Water Resources Control Board Cultural Resources Officer. Any “Stop Work Order” shall contain the following: - a) A clear description of the work to be suspended; b) Any insmaions regarding issuance of further orders by the Contractor for material services; C) d) Any suggestions to the Contractor as to minimization of his costs; e) Estimated duration of the temporary suspension. Guidance as the action to be taken on subcontracts; If the archeologist determines that the potential find is a bonafide cultural resource, at the direction of the State Water Resources Control Board Cultural Resources Officer, the Engineer shall extend the duration of the “Stop Work Order” in writing, and the Contractor shall suspend work at the location of the find. Equitable adjustment of the construction contract shall be made in the following manner: 1) Time Extension If the work temporarily suspended is on the “critical path”, the total number of days for which the suspension is in effect shall be added to the number of allowable contract days. If a portion of work at the time of such suspension is not on the “critical path”, but subsequently becomes work on the critical path, the allowable contract time will be computed from the date such work is classified as on the critical path. 2) Additional Comlrmsation If, as a result of a suspmsion of the work, the Contractor sustains a loss which could not have been avoided by his contract, there shall be paid to the Contractor an amount as determined by the Engineer to be faii and reasonable compensation for the Contractor’s actual loss in accordance with the following: - judicious handling of forces, and equipment, or redirection of forces or equipment to perform other work on the a) Idle Time of Eauimnm Compensation for equipment idle time will be determined on a force account (time and materials) basis, and shall include the cost of extra moving of equipment and rental loss. The right-of-way delay factor for each classification of equipment shown in the California Department of Transportation publication entitled, Eauiument Rental Rates and the General F’revailine Waee Rates, will be applied to any equipment rental rates. b) Idle Time of Labor Compensation for idle time of workers will be determined by the Engineer as “Labor” less any actual productivity factor of this portion of the work force. C) Costs of Labor and Mat- Increased costs of labor and materials will be compensated only to the extent such increase was in fact caused by the suspension, as demmined by the Engineer. Compensation for actual loss due to idle time of either equipment or labor shall not include markup for profit. The hours for which compensation will be paid will be the actual normal working time during which such delay condition exists, but will in no case exceed eight hours in any one day. - The days for which Compensation will be paid shall be full or partial calendar days, excluding Saturdays, Sundays, and legal holidays, during the existence of such delay, BP-5 March 17.2000 - IO - STATE MBUWBE PROVISIONS STATE WATER RESOURCES CONTROL BOARD (SWRCB) CONTRACT PROVISIONS OF THE DIVISION OF CLEAN WATER PROGRAMS MINORITY BUSINESS ENTERPRISE (MBE) AND RELATIVE TO THE UTILIZATION OF WOMEN BUSINESS ENTERPRISE (WBE) ON CLEAN WATER PROGRAM CONSTRUCTION CONTRACTS IN CALIFORNIA This document and attachments shall be included by the owner as a contract provision for all construction contracts exceeding 1610,000. Compliance with the requirements of this document and attachments satisfies the MBEME requirements of the U. S. Environmental Protection Agency and the SWRCB. This document supersedes any conflicting requirements. “Minority Business EnterpriseNomen Business Enterprise Information” (Attachment B) with the bid shall cause Failure to take the five (5) affiative steps listed under Requirements, Section A, prior to bid opening and to submit the bid to be rejected as a non-responsive bid. DEFMITIONS BONA FIDE MINORITY BUSINESS ENTERPRISE ME) MEANS: - An MBE that has submitted a “Minority Business EnterpriseNomen Business Enterprise Self Certification” (Attachment A) to, and been accepted as, a bona fide MBE by the owner. In addition, the following requirements apply: .” 1. An independent business concern which is at least 5 1% owned and controlled by minority group member(s) (see definition of Minority Group Member). Ownership and control can be measured by: a. Responsibility for performance of contract work. b. Management responsibility. E. At least 51% sharc of profits and risk. d. Other data (such as voting rights) that may be related to ownership and/or control. 2. In cases where a firm is owned and controlled by a minority woman or women, the percentage may be credited towards MBE participation or as WBE participation, or allocated, but may not be credited fully to both. BONA FIDE WOMEN BUSINESS ENTERPRISE WBE) MEANS: A WBE that has submitted Attachment A to, and bem accepted as, a bona fide WBE by the owner. In addition, the following requirements apply: 1. An independent business which is at least 5 I% owned by a woman or women who also control and operate it. a. Ownership. Determination of whether a business is at least 51% owned by a woman or women shall be made without regard to community property laws. For example, an otherwise qualified WBE which is 51% owned by a married woman in a community property state will not be disqualified because her husband has a 50% interest in her share. not become a qualified WBE by virtue of his wife’s 50% interest in his share of the business. Similarly, a business which is 51% owned by a married man and 49?? by an unmarried woman will March 17,2000 BP-6 b. Control and operation. "Control" means exercising the power to make policy decisions and "operate" means being actively involved in the day-to-day management of the business. JOINT VENTURE (JV) A business enterprise formed by a combination of firms under a JV agreement. To qualify as a bona fide MBE/WBE, the minority-ownedlwoman or women owned and controlled firms in the JV must: 1. Satisfy all requirements for bona fide MBEMrBE participation in their own rights. In cases where a minority woman or women-owned !inn participates in a JV, the percentage may be to both. credited towards MBE participation or as WBE participation, or allocated, but may not be credited fully 2. Share a clearly defined percentage of the ownership, management responsibilities, risks, and profits of the JV. Only this percentage will be credited towards the MBYWBE goal. MINORITY GROUP MEMBERS A minority group member is an individual who is a citizen of the United States and one of the following: 1. Native Americans consist of American Indian, Eskimo, Aleut, and native Hawaiian. 2. Black Americans consist of US. citizens, other than Hispanic, having origins in any of the black racial groups of Atiica. 3. Asian Pacific Americans consist of U.S. citizms having origins in any of the original peoples of the Far East, Southeast Asia, and the Indian subcontinent. This area includes, for example, China, Japan, Korea, the Philippines, Vietnam, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Pakistan, Bangladesh, Sri Lanka, Sikkim. and Bhutan. Marianas, Laos, Cambodia, and Taiwan. The Indian subcontinent takes in the countries of India, 4. Hispanic Americans consist of U.S. citizens with origins from Puerto Rico, Mexico, Cuba, or South or Central America. Only those persons &om Central and South American countries who are of Spanish origin, descent, or cub should be included in this category. Persons fiom Brazil, Guyana, Surinam or Trinidad, for example, would be classified according to their race and would not necessarily be included in the Hispanic category. In addition, this category does not include persons 6om Portugal, who should be classified according to race. BROKERAGE MEANS Buying and selling for others on commission of other fee basis without maintaining a warehouse or other similar category). inventory storage facilities (supplier and wholesale arrangements may also fall into this business enterprise - Erection, building, alteration, remodeling, improvement or extension of buildings, structures, or other property. REOUIREMENTS A. Positive -umentatipe The bidder must take afknative steps prior to bid opening to assum that MBEs and WBEs are used whenever possible as sourccs of supplies, construction and services. Failure to take such s tms ~rior to bid Affirmative steps shall be as follows: 1. Including qualified MBEs and WBEs on solicitation lists B with the bid shall cause the bid to be niected as non-resuonsi ve. March 17,2000 BP-7 The bidder must document that it requested assistance 6um the Small Business Administration & the was received by the MBUWBE assistance centers at least five (5) working days prior to the need for Office of Minority Business Enterprise MBUWBE assistance centers and that this request for assistance refenals (see aflimative step no. 5). 2. Assure that MBEs and WBEs are solicited whenever they are potential sources. The bidder must document that it has provided invitations to MBEMrBE bidders at least seven (7) working days prior to the need of a bid response. The bidder must document that invitations were sent to at least thm (3) (or all if less than three) MBEIWBE contractors/suppliers for each item of work referred by the MBWWBE assistance center($. The invitations must adequately specify the item(s) for which sub-bids were requested. The response; i.e., certified letter with return receipt requested or telephone call documentation. A regular documentation of the bidder's effort to show positive efforts must indicate a real desire for a positive letter or an unanswered telephone call is not adequate positive effort. The bidder must submit to the owner documentation consisting of a list of all sub-bidders for each item of work that MBEs or WBEs were solicited including dollar amounts for both MBEMrBE and non-MBEMrBE sub-bidders. 3. Divide total requirements, when economically feasible, into small tasks or quantities to pmnit maximum participation of MBEs and WBEs. A bidder must document that it gave consideration to dividing the contract into small proprietary portions (paving, electrical, landscaping, etc.). If this was not done, documentation must be submitted explaining why it could not be done. 4. Establish delivery schedules, where the requirements of the work permit, which will encourage participation by MBEs and WBEs. The bidder must document that it gave consideration to establishing a project schedule which would allow MBEs and WBEs to bid the work as subcontractors or suppliers. If this is not done, document reasons why the project schedule, or portions thereof, cannot be modified so as to accommodate interested MBEs and WBEs. 5. Use of the services and assistance of the Small Business Administration and the Office of Minority Business Enterprise of the U. S. Department of Commerce, as appropriate. The bidder must present documentation that contact was made with both of the offices listed below. Their services are provided at no cost to the bidder. Do not write. The internet web site contains local a list was not provided, bidder must explain why it was not and describe what MBUWBE solicitation list SBA and MBDA centers. The local center may provide the bidder with a listing of MBUWBE fms. If was used. Small Business Administration: <http://www.sba.gov> Office of Minority Business U.S. Dept. of Commerce Enterprise: Regional Office <http://www.mbda.gov> Government Contracting Office 455 Market Seea, Suite 600 San Francisco, CA 94105 Telephone: (415) 744-8429 Minority Business Development Saa Francisco, CA 94105 Telephone: (415) 744-3001 Agency (MBDA) In addition, the bidder is encouraged to procure supplies and services hm labor surplus area firms. BP-8 March 17,2000 8. Dther Reouimnaus I. The appsrent successful low bidder must submit documentation showing that, prior to bid opening, all required positive efforts were made. This documentation must be received by the owner withm tm (IO) working days following bid oping (except Attachment B which is to be submitted with the bid). Failure to submit Attachment B with the bid will cause the bid to be reiected as non-remonsive. 2. If the apparent successful low bidder has rejected or considered as non-responsible and/or non- responsive any low MBE or WE sub-bidder, a complete explanation must be provided to the owner. 3. Each MBE/WBE fm to be utilized must complete the Attachment A, which is to be with the documentation submitted to the owner by the apparent successful low bidder. 4. If additional MBUWBE subcontracts become necessary after the award of the prime contract, Attachment B must be provided to the owner by the Prime Contractor within ten (1 0) working days following the award of each new subcontract. 5. Any deviation hm the information contained in Attachment B shall not result in a reduction.of MBUWBE participation without prior approval of the owner. 6. When brokerage typc arrangements are utilized, only the amount of commission or fee will be eligible for MBEAVBE consideration. 7. Failure of the apparent low bidder to worm the five affirmative steps prior to bid opening and/or to submit Attachment B with its bid will lead to its bid beiig declared non-responsive by the owner. The owner may then award the contract to the next low responsive, responsible bidder meeting the requirements of these contract provisions. The owner also may rebid the contract. .-“ C. State’s ”Fair Share” Obie- The SWRCB has established the following faii share objectives for this consbuction contract: 20 % of the total bid dollar amount of this contract for ME. 10 % of the total bid dollar amount of this contract for WBE. (The owner may contact the SWRCB, Division of Clean Water F’rograms, Dtsign Review Unit at (916) 227-4588 for questions on the state’s faii share objectives.) D. LaaVReeional Obiectives The owner may have established IocaVregional objectives and those requirements may be attached if appropriate. BP-9 March 17,2000 67"x' ATTACHMENT A MINORITY BUSINESS ENTERPRISEIWOMEN'S BUSINESS ENTERPRISE - (MBEIWBE)' SELF CERTIFICATION STATE WATER RESOURCES CONTROL BOARD DIVISION OF CLEAN WATER PROGRAMS Firm Name: Phone: Address: Principal Service or Product: 0- MBE 0- WBE I 0- Prime Contractor 0- Supplier of MateriallService 0- Subcontractor 0- Broker "~ 0- Sole Ownership 0- Partnership 0- Corporation 0- Joint Venture L I Names of Owners Percent MBE- WBE Ownership Ethnic Identity' Additional proofs may be required upon written challenge of this certification by any person or agency. Falsification of this certification by a firm selected to perform Federally funded work may result in a determination that the firm is non-responsible and ineligible for hhue contracts. Certified bv: Title: (Signam) Name: Date: - ' Refer to definitions on the next page. SectionNuombbb BP- 10 -DEFINITIONS .- MINORITY BUSINESS ENTERPRISENOMEN’S BUSINESS ENTERPRISE (MBENBE) An MBE or WBE is a business which is at least 51 percent owned and controlled by minority pup members or by woman or women. Owners must exercise actual day-to-day management. MINORITY GROUP MEMBERS (a) American Indians Persons having origins in any of the original peoples of North America. To qualify in this group, a person must be a citizen of the United States and meet one or more of the following: (1) Be at least one-founh Indian descent (as evidenced by registration with the Bureau of Indian Affairs). (2) Characteristic Indian appearance and features. (3) Characteristic Indian name. (4) Recognition in the community as an Indian. (5) Membership in a tribe, band or pup of American Indians (recognized by the Federal Government), as evidenced by a tribal enrollment numk or similar indication. (b) Black Americans .-~ U.S. citizms, other than Hispanic, having origins in any of the black racial pups of Afiica. (c) Asian Americans U.S. citizens having origins in any of the original peoples of the Far East, Southern Asia, the Indim subcontinent or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands and Samoa. The Indian subcontinent takes in the countries of India, Pakistan, Bangladesh, Sri Lanka, Nepal, Sikkim, and Bhutan. (d) Hispanic Americans U.S. citizms of Mexican, Puerto Rican, Cuban, or other Spanish culture or origin, regardless of me. Only those persons fiom Central and South American countries who are of Spanish origin, descent, or culture should be included in this category. Persons &om Brazil, Guyana, Surinam or Trinidad, for example, would be classified according to their race and would not necessarily be included in the Hispanic category. In addition, the category does not include persons from Portugal, who should be classified according to race. (e) American Eskimos and American Aleuts March 17,2000 BP-I 1 MINORITY BUSINESS ENTERPRISEMrOMEN BUSINESS ENTERPRISE INFORMATION AlTACHhENT B SWRCB DIVISION OF CLEAN WATER PROGRAMS LOAN RECIPIENTS NAhIE CONTRACTNO. OR SPECIFICATION NO. PROJECT DESCRmnON PROJECT LOCATION PRIME CONTRACTOR INFORMATION NAME AND ADDRESS (Include ZIP cadc. DOB, B SSN) 0 MBE 0 WBE AMOUNT OF CONTRACT PHONE AMOUNT OF CONTRACT I PHONE WORK TO BE PERFORMED 0 MBE 0 WBE 0 SUF'PLIEWSERVICE 0 SUBCONTRACTOR NAME AND ADDRESS (Imlude ZIP Code. DOB. B SSM 0 JOINTVENTURE 0 BROKER MOUNT OF CONTRACT PHONE WOW TO BE PERFORMED 0 MBE 0 WBE NAME AND ADDRESS (lmcludc ZIP codc, WB. 6 SSN) 0 SUBCONTRACTOR 0 JOINTVENTURE I 0 BROKER I O SUPPLIERBERVICE AMOUNT OF CONIRACT I PHONE WORK TO BE PERFORMED 0 MBE 0 WBE 0 SUPPLIEWSERVICE 0 SUBCONTRACTOR NAME AND ADDRESS (Iluludc ZIP codc. 00s. B SSM 0 JOINTVENTURE 0 BROKER MOUNT OF CONTRACT PHONE WORK TO BE PEW- TOTAL MBE AMOUNT S TOTAL WBE AMOUNT: $ ACTUAL MBE PARTICIPATION: -% ACTUAL WBE PARTICIPATION: -% MBE GOAL: -% WBEGOAL: -% COMPLETING FORM: SIGNATURE OF PERSON TITLE: PHONE: DATE: JRM 4mn (rn YDi) March 17,2000 BP-12 11 - THE SUBLETITNG AND SUBCONTRACTING FAIR PRACTICES ACT .. Any person making a bid or offer to perform a contract shall, in his or her bid or offer, set forth the following: 1) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a amount in excess of one-half of 1 percent of the prime contractor’s total bid or in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half or 1 percent of the prime contractor’s total bid or ten thousand dollars ($lO,OOO), whichever is greater. only one subcontractor for each portion of work as is defined by the prime contractor in his or her bid or offer. 2) The portion of work that will be done by each subcontractor under this act. The prime contractor shall list business enterprises. For purposes of this requirement, “subcontractor” and “prime contractor“ Ball have the same meaning as those terms are defined in Section 41 13 ofthe Public Contracts Code. These requirements apply to the information required relating to subcontractors certified as minority or women 12 - 40 CFR 60-8.4@) - EQUAL OPPORTUNITY CLAUSE (in relevant part) During the performance of this contract the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affiative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The contractor agrees to post, in conspicuous places available to nondiscrimination clause. employees and applicants for employment, notices to be provided setting forth the provisions of this (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send, to each labor union or representative of workers with which he has a collective workers representatives of the contractor’s commitments under this section, and shall post copies of the notice in bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or conspicuous places available to employees and applicants for employment. NICS, regulations, and relevant orders of the Secrcta~~ of Labor. (4) The contractor will comply with all provisions of Executive Order 1 1246 of September 24,1965, and of the (5) The contractor will furnish all information and rcports required by Executive Order 11246 of September 24, 1965, and by N~S, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will pmnit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor’s noncompliance with the nondiscrimination clauses of thii contract or with any of the said N~S, regulations, or orders, this conbact may be canceled, terminated, or suspended in whole or in pars and the contractor may be ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 or September 24,1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,1965, or by rule, - regulation, or orders of the Secretary of Labor, or as otherwise provided by law. BP- 13 March 17,2000 (7) The contractor will include the sentence immediately preceding paragraph (I) and the provisions of paragraphs (I) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orden of the provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided however, That in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor, as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. - Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such 13 - NONDISCIUMINATION CLAUSE NONDISCRIMINATION CLAUSE 1. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evaluation and heabnent of their employees and applicants for provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the employment are free of such discrimination. Contractors and subcontractors shall comply with the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 or the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractor shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. .- 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perfom work under the contract. THE UNDERSIGNED CERTIFIES THAT THE CONTRACTOR WILL COMPLY WITH THE ABOVE REQUIREMENTS. CONTRACTOR OR SUBCONTRACTOR NAME: CERTIFIED BY: NAME: TITLE: SIGNATURE: DATE: BP- 14 March 17,2000 14 - 41 CFR604.2 CONSTRUCTION CONTRACTORS-AFFIRMATIVE ACTION REQUIREMENTS (in relevant part) "" Notice of requirement for Affirmative Action to ensure Equal Employment Opportunity (EEO) by Executive Order 11246, as amended by Executive Order 11375. 1, The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" sa forth herein. 2, The goals and timetables for minority and female participation, expressed in percentage terms for the ContraEtOl's aggregate workforce in each trade on all construction work in the covered area, are as follows: Time- Goals for minority participation tables (Agmcy Io imen Rm mi (lnscr~ gods from Minority Panicipntion 6.9% end data of wnm) Table pagc BP-26) Goals for female participation for each trade for each bade (Contact SWRCB, Division of Clean Water Programs, at (916) 227-4586 for assistance with the minority goal and timetables. E-mail <musialr@cwp.swrcb.ca.gov>: Office of Federal Contract Compliance Programs' web site for compliance issues and preawd registry is <http://www.dol.gov/doUesdpublic/ofcp-orp) assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved These goals are applicable to all the Contractor's construction work (whether or not it is Fedd or federally .- and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific ahative action obligations required by the specifications set forth in 4 1 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The employment and training must be substantially uniform throughout the length of the contract, and in each trade, and transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the regulations in 4 I CFR Part 60-4. Compliance with the goals will be measured against the total work hours sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the performed. Programs within IO working days of award of any construction subcontract in excess of S10,OOO at any tier for 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance construction work under the contract resulting ftom this solicitation. The notification shall list the name, addrm amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar which the subcontract is to be performed. description ofthe geographical areas where the contract is to be performed giving the state, county and city, if any). $60-4.3 Equal opportunity clauses (in relevant part) 4. As used in this Notice, and in the contract resulting ftom this solicitation, the "covered area" is (i Standard Federal Equal Employment Opportunity Consauction Contract Spccifications (Executive Order 11246) BP-15 March 17,2000 . .- a. "Covered area" means the geographical area described in the solicitation fiom which this contract resulted; 1. As used in these specifications: Labor, or any person to whom the Director delegates authority; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Federal Tax Return, U.S. Treasury Department Form 941. c. "Employer identification number'' means the Federal Social Security number used on the Employer's Quarterly d. "Minority" includes: (i) Black (all pmons having origins in any of the Black AWcan racial groups not of Hispanic origin); or origin, regardless of race); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). construction trade, it shall physically include in each subcontract in excess of $IO,OOO the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations fhn which this contract resulted. 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracrs a portion of the work involving any " Department of Labor in the covered area either individually or through an association, its affiative action 3. lfthe Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific afKnnative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation fiom which this contract resulted arc expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covd area. Covered Construction contractors performing construction work in geographical arcas where they do not have a Federal or federally assisted consauction contract shall apply the minority and female goals established for the geographical and such notices may be obtained fiom any Office of Federal Conha* Compliance Programs office or from Federal area where the work is being performed. Goals are published periodically in the Federal Register in notice form, procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each crafl during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such ." apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be eained pursuant to training programs approved by the U.S. Department oflabor. March 17,2000 BP- 16 of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results 7. The Contractor shall take specific affiative actions to ensure equal employment opportunity. The evaluation from its actions. The Contractor shall document these efforts fully, and shall implement affiative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all two or more women to each construction project. The Contractor shall specifically ensure that all foremen, facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female remitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral fiom a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities andor participate in training programs for the area which expressly the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. include minorities and women, including upgadiig programs and apprenticeship and trainee programs relevant to The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and trainiig programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspapcr, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affvmative action obligations under these employment decisions including specific review of these items with onsite supervisory pmonnel such as specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other record shall be made and maintaimed identifying the time and place of these meetings, persons attendine, subject Superintendents. General Foremen, etc., prior to the initiation of construction work at any job site. A written matter discussed, and disposition of the subject matter. h. Disseminate the Conmor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment ne&. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment som, the Cmctor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. BP-17 March 17,2000 j. Encourage present minority and female employees to recruit other minority pmous and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being camied out. n. Ensure that all facilities and company activities are Non-Segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy Ween the sexes. 0. Document and maintain a record of all solicitations of offers for subcontracts hm minority and female associations and other business associations. construction contractors and suppliers, including circulation of solicitations to minority and female contractor p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one M more of their contractor-community, or other similar group of which the contractor is a member and participant, may be asserted affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affiative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Conowtor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). IO. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Govemmcnt contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Pmgrams. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affvmative action steps, at least as extensive as those standards prescribed in paragfaph 7 of these specifications, so as to achieve maximum results hm its efforts to ensure qual employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Dictor shall proceed in accordance with 41 CFR 604.8. March 17,2000 BP-18