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CCL Contracting Inc; 2011-08-26; PWS11-43UTIL
CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR Buena Vista Lift Station Force Main (VC-4) CONTRACT NO. 55081 BID NO. PWS11-43UTIL BOOK1 OF 2 SPECIFICATIONS FOR Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 City of Carlsbad Carlsbad, California City Council Claude A. "Bud" Lewis - Mayor Ann Kulchin - Mayor Pro Tern Matt Hall - Council Member Mark Packard - Council Member Keith Blackburn - Council Member Lisa Hildabrand City Manager Glenn Pruim Utilities Director BROWN AND CALDWELL Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 2 of 59 Pages August 2010 TABLE OF CONTENTS Item Page Notice Inviting Bids 12 Contractor's Proposal 17 Bid Security Form 34 Bidder's Bond to Accompany Proposal 35 Guide for Completing the "Designation of Subcontractors" Form 37 Designation of Subcontractor and Amount of Subcontractor's Bid Items 39 Equipment/Material Source Information to Accompany Proposal 40 Bidder's Statement of Technical Ability and Experience 41 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers'Compensation 42 Bidder's Statement Re Debarment 43 Bidder's Disclosure of Discipline Record 44 Non-Collusion Affidavit to be Executed by Bidder and Submitted with Bid '. 46 Contract Public Works 47 Labor And Materials Bond 53 Faithful Performance/Warranty Bond 55 Optional Escrow Agreement for Security Deposits in Lieu of Retention 57 Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 3 of 59 Pages August 2010 Clean Water State Revolving Fund (CWSRF) Program Requirements Section Number Title 1 Approval of Award (AOA) Process BP - 21 2 Prime Contractor & Recipient Responsibilities BP - 21 3 "Good Faith" Effort Process BP- 22 4 Non-Governmental Local Contracts BP - 24 5 Reporting Requirements BP - 25 6 Definitions BP - 25 7 DBE Forms See Appendix "E" for additional forms BP - 27 8-10 Not Used 11 The Subletting and Subcontracting Fair Practices Act BP - 35 12 Equal Opportunity Clause (40 CFR 7.3) BP - 35 13 Nondiscrimination Clause BP-36 14 Construction Contractors - Affirmative Action Requirements (41 CFR 60-4) BP - 40 15 Elimination of Segregated Facilities BP - 44 16 Certification of Non-Segregated Facilities BP-45 17 Drug-Free Workplace Certification BP-46 18 Use of Debarred Contractors Prohibited BP - 47 19 Responsibility for Removal, Relocation, or Protection of Existing Utilities (Government Code Section 4215) BP - 49 20 Submitting of Bids and Agreeing to Assign (Government Code Section 4552) BP - 50 21 Non-Collusion Affidavit (Public Contract Code Section 7106) BP - 50 TO BE NOTARIZED AND SUBMITTED WITH THE BID Affirmative Action and Equal Employment Opportunity Minority Participation Table BP - 51 Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 4 of 60 Pages August 2010 Environmental Protection Agency (EPA) Program Requirements Section Title Disadvantage Business Enterprise (DBE) Program EPA - 1 Good Faith Effort EPA - 3 EPA Forms EPA Form 6100-2 (DBE Subcontractor Participation Form) EPA - 8 EPA Form 6100-3 (DBE Subcontractor Performance Form) EPA -10 TO BE SUBMITTED WITH THE BID EPA Form 6100-4 (DBE Subcontractor Utilization Form) EPA-12 TO BE SUBMITTED WITH THE BID MBE/WBE Utilzation Form UR 334 EPA-13 Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 5 of 60 Pages August 2010 GENERAL PROVISIONS Section 1 Terms, Definitions, Abbreviations and Symbols 1-1 Terms 1 1-2 Definitions 2 1-3 Abbreviations 6 1-4 Units of Measure 9 1-5 Symbols 10 Section 2 Scope and Control of the Work 2-1 Award and Execution of Contract 11 2-2 Assignment 11 2-3 Subcontracts 11 2-4 Contract Bonds 12 2-5 Plans and Specifications 14 2-6 Work to be Done 17 2-7 Subsurface Data 17 2-8 Right-of-Way 17 2-9 Surveying 18 2-10 Authority of Board and Engineer 22 2-11 Inspection 23 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 24 3-2 Changes Initiated by the Agency 24 3-3 Extra Work 25 3-4 Changed Conditions 28 3-5 Disputed Work 29 Section 4 Control of Materials 4-1 Materials and Workmanship .33 4-2 Materials Transportation, Handling and Storage 37 Section 5 Utilities 5-1 Location 38 5-2 Protection 38 5-3 Removal. 39 5-4 Relocation 39 5-5 Delays 40 5-6 Cooperation 40 Section 6 Prosecution, Progress, and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 41 6-2 Prosecution of Work 46 6-3 Suspension of Work 47 6-4 Default by Contractor 47 6-5 Termination of Contract 48 6-6 Delays and Extensions of Time .".....48 6-7 Time of Completion 49 6-8 Completion, Acceptance, and Warranty 50 6-9 Liquidated Damages 51 6-10 Use of Improvement during Construction 51 Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page 6 of 59 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 52 7-2 Labor 52 7-3 Liability Insurance 52 7-4 Workers' Compensation Insurance 52 7-5 Permits 53 7-6 The Contractor's Representative 53 7-7 Cooperation and Collateral Work 54 7-8 Project Site Maintenance 54 7-9 Protection and Restoration of Existing Improvements 56 7-10 Public Convenience and Safety 57 7-11 Patent Fees or Royalties 64 7-12 Advertising 64 7-13 Laws to be Observed 64 7-14 Antitrust Claims 64 Section 8 Facilities for Agency Personnel (NOT USED) Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 66 9-2 Lump Sum Work 66 9-3 Payment 66 9-4 Bid Item 70 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Part 2 Construction Materials Section 203 Bituminous Materials 203-6 Asphalt Concrete 71 203-11 Asphalt Rubber Hot Mix (ARHM) Wet Process 72 Section 209 Electrical Components/Signals, Lighting and Traffic Electrical Systems 209-5 Detectors 72 Section 214 Pavement Markers 214-5 Reflective Pavement Markers 84 Part3 Section 302 302 302-5 302-11 Section 312 312-1 Section 313 313-1 313-2 313-3 313-4 Construction Methods Roadway Surfacing Public Convenience and Traffic Control 85 Asphalt Concrete Pavement 87 Asphalt Pavement Repairs and Remediation 88 Pavement Marker Placement and Removal Placement .90 Temporary Traffic Control Devices Temporary Traffic Pavement Markers 91 Temporary Traffic Signing 92 Temporary Railing (Type K) and Crash Cushions 92 Measurement and Payment 93 Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page 7 of 59 Pages TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS 01010 Summary of Work 01046 Demolition and Salvage 01071 Standard References 01300 Submittals 01 380 Photographs and Video Recordings 01660 Equipment and System Performance and Operational Testing 01680 Physical Checkout, Shop, Field, and Functional Testing 01730 Operating and Maintenance Information 01999 Reference Forms DIVISION 02 - SITE WORK 02060 Cleaning and Television Inspection of Sanitary Force Mains 02080 Asbestos Cement Pipe Removal 02140 Dewatering 02145 Sewer Bypassing and Dewatering 02146 Hot Tapping/Line Stopping 02200 Earthwork 02202 Flowable Fill 02223 Trenching, Excavation, Backfilling, and Compacting 02270 Erosion, Sedimentation and Dust Control 02315 Sanitary Sewer Rehabilitation Using Cured-in-Place Pipe (CIPP) Method 02340 Boring and Jacking 02350 Sheeting, Shoring, and Bracing 02505 Paving and Roadway Improvements 02730 Sanitary Sewerage System Testing DIVISION 03 - CONCRETE 03100 •- . Formwork 03200 Concrete Reinforcement 03300 Cast-in-Place Concrete 03400 Precast Concrete 03600 Grout DIVISION 05 - METALS 05501 Anchor Bolts 05503 Access Hatches 05505 Miscellaneous Metalwork 05910 Hot-Dip Zinc Coating 05911 Mechanical Zinc Coating DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07100 Waterproofing and Moistureproofing 07900 Sealants Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 8 of 59 Pages August 2010 DIVISION 09 - FINISHES 09900 Coating Systems 09902 Petrolatum Wax Tape Coating 09961 Fusion Bonded Epoxy Linings and Coatings DIVISION 11 - EQUIPMENT 11000 Equipment General Provisions 11002 Rigid Equipment Mounts 11346 Submersible Sump Pumps 11875 Surge Tank and Control System DIVISION 13 - SPECIAL CONSTRUCTION 13900 Modification to Existing Structures, Piping and Equipment DIVISION 15 - MECHANICAL 15050 Piping Systems 15061 Steel Pipe 15062 Ductile Iron Pipe 15064 Plastic Pipe 15065 High Density Polyethylene (HOPE) Pipe 15085 Piping Connections 15095 Piping Appurtenances 15096 Pipe Hangers and Supports 15100 Valves, General 15101 Gate Valves 15110 Eccentric Plug Valves 15166 Wastewater Air Release and Vacuum Valves DIVISION 16 - ELECTRICAL 16000 General Requirements for Electrical Work 16030 Electrical Acceptance Testing 16110 Raceways Boxes and Supports 16120 600 Volt Conductors, Wire and Cable 16175 Miscellaneous Electrical Devices DIVISION 17 - INSTRUMENTATION AND CONTROL 17000 General Requirements for Instrumentation and Control 17030 Process Instrumentation and Control System Testing 17212 Transmitters Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 9 of 59 Pages August 2010 APPENDIX A - RESIDENT NOTIFICATION EXAMPLE APPENDIX B - ENCINA WASTEWATER AUTHORITY (EWA) FORMS B.1 EWA Special Use Discharge Permit Application B.2 Indemnity Agreement B.3 EWA Local Discharge Limits APPENDIX C - MISCELLANEOUS STANDARD DRAWINGS City of Carlsbad Standard Drawings Trench Resurfacing AC Pavement for Trench Widths Less Than 25" GS-25 Trench Resurfacing AC Pavement for Trench Widths From 26" to 48" GS-26 Trench Resurfacing AC Pavement for Trench Widths Greater Than 48" GS-27 Notes for Asphalt Concrete Trench Resurfacing GS-28 Exploratory Utility Pothole Backfill & Resurfacing (Diam. < 8 in.) GS-29 Carlsbad Municipal Water District Standard Drawings Typical Trench Section W-2 Valve Box Assembly W-13 Concrete Thrust Blocks for Non-Restrained Joints W-15 Protection Post W-24 4" Automatic Combination Air Release & Air/Vacuum Valve Installations W-33 San Diego County Regional Standard Drawings Street Survey Monument M-10 Fire Hydrant Markers M-19 Break-Away Sign Post M-45 Pipe Support for Undercut Sewer Mains or Sewer Laterals WP-09 Reduced Pressure Backflow Prevention Device WR-01 APPENDIX D - CMWD'S APPROVED MATERIALS LIST FOR USE ON CONSTRUCTION OF POTABLE AND RECYCLED WATER FACILITIES APPENDIX E - DISADVANTAGED BUSINESS ENTERPRISE FORMS Form 1 DBE "Good Faith" Effort List of Subcontractors Solicited (To be submitted within 10 days after Bid Opening) Form 2 DBE "Good Faith" Effort Bids Received List (To be submitted within 10 days after Bid Opening) Form 3 DBE Contractor Certification (To be submitted within 10 days after Bid Opening) Form 4 Prime Contractor/Recipient Selected DBE TO BE SUBMITTED WITH THE BID Form 5 Summary of Bids Received from Subcontractors, Suppliers, and Brokers (DBE & Non-DBE) (To be submitted within 10 days after Bid Opening) Form 6 Minority Business Enterprise/Women Business Enterprise "Good Faith" Effort Certification by Applicant/Recipient (City of Carlsbad to complete this form) Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 10 of 59 Pages August 2010 EPA Form 6100-2 (DBE Subcontractor Participation Form EPA Form 6100-3 (DBE Subcontractor Performance Form) TO BE SUBMITTED WITH THE BID EPA Form 6100-4 (DBE Subcontractor Utilization Form) TO BE SUBMITTED WITH THE BID APPENDIX F - CARLSBAD COASTAL DEVELOPMENT PERMIT AND SPECIAL USE PERMIT Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 11 of 59 Pages August 2010 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON MAY 25, 2011, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 BID NO. PWS11-43UTIL The Buena Vista Lift Station Force Main (VC-4) requires the Contractor to add a second, parallel force main from the site of the Buena Vista Lift Station to the junction with two parallel 16-inch asbestos concrete pipes (ACP) which are located within the bridge deck of the Jefferson Street Overcrossing (Caltrans Bridge No. 57-0271). Approximately 4100 linear feet of new 24-inch HOPE or C-905 fusible PVC Force Main and approximately 200 linear feet of new 24-inch DIP Force Main are to be constructed. Approximately 2400 linear feet of existing 24-inch DIP Force Main are to be rehabilitated using a structural cured in place liner (CIPP) or removed and replaced with new 24-inch HOPE or C-905 fusible PVC pipe. In addition, portions of the existing 24-inch ductile iron force main (DIP) are to be abandoned in place, capped and filled, or replaced with new segments of pipeline. No work shall be allowed in the Buena Vista Lagoon or within Buena Vista Creek. Yard piping at the Buena Vista Lift Station will be modified to include two new cast-in-place concrete flow meter vaults, two new flow meters, and new manually operated plug valves as shown on the contract drawings. The new parallel force main will include four new sewage air/vacuum release valves complete with air-vacuum assembly vandal-proof enclosure assemblies as well as pipe supports at the Jefferson Street North bridge crossing Buena Vista Creek. A new surge relief tank similar to the existing surge relief tank on the Buena Vista Lift Station site shall also be provided. Other equipment shall include, but not be limited to, isolation and shutoff valves, steel access hatches (traffic rated), flanged coupling adaptors and miscellaneous pipe fittings, electrical power, wire and conduit, miscellaneous piping, connections and fittings, earthwork, paving and restoration of pavements and markings, removal and proper disposal of asbestos cement pipe and any other materials deemed hazardous by the State of California. The Contractor shall be responsible for obtaining all needed project permits. This includes preparation and submittal of traffic control plans to the City of Carlsbad. The Contractor may use and shall comply with the City's existing NPDES permit for project dewatering. INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 12 of 59 Pages August 2010 the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad, or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad, General Provisions, Technical Specifications and the City of Carlsbad Supplemental Provisions to the Standard Specifications for Public Works Construction, Parts 2 & 3, 2008 and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc. all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Equipment/Material Source Information 6. Bidder's Statement of Technical Ability and Experience 7. Acknowledgement of Addendum(a) 8. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers . may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 9. Bidder's Statement Re Debarment 10. Bidder's Disclosure of Discipline Record 11. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 12. State Revolving Fund Boilerplate Forms 13. Environmental Protection Agency Forms ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is between 3.82 million dollars and 4.04 million dollars. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 13 of 59 Pages August 2010 shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does involve federal funds. The only classification acceptable for this contract is Class A General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents, must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $75.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. DAVIS-BACON PREVAILING WAGE TO BE PAID The prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Secretary of Labor pursuant to the Copeland Act (29 CFR part 3), and sections section 1(b)(2) of the Davis-Bacon Act. The Bidder may obtain wage determinations from the U.S. Department of Labor's web site, www.wdol.gov. 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 regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. The Prime Contractor shall Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the City Engineer. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 14 of 59 Pages August 2010 PRE BID MEETING A pre-bid meeting and tour of the project site will be held at 2:00 pm on May 3, 2011 at the Buena Vista Lift Station Parking lot near the intersection of Jefferson Street and Marron Road, just south of State Route 76. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 15 of 59 Pages August 2010 The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2011-034 adopted on the 8th day of March, 2011. Aprils, 2011 Date 'deputy City Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 16 of 59 Pages August 2010 CITY OF CARLSBAD BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 CONTRACTOR'S PROPOSAL City Council City.of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, functional testing, start up services, temporary bypass facilities and services required to do all the work to complete Contract No. 55081 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE"A" CIPP REHABILITATION, NEW PARALLEL VC-4 FORCE MAIN, AND MODIFICATIONS TO BUENA VISTA LIFT STATION Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-1 Mobilization at Stipulated $125,000 $125,000 One hundred twenty-five Price thousand (Price in Words) A-2 Clearing & Grubbing at LS $ Vl&D $ "/ (Price in Words) A-3 Unclassified Excavation at 100CY $ (Unit Price in Words) Contract No. 55081 Page 2 of 19 Pages Addendum No. 1 Item No. A-4 Description Construction Schedule at Seven thousand five hundred Approximate Quantity And Unit Stipulated Price Unit Price (Figures) $7,500 Total Amount (Figures) $7,500 (Price in Words) A-5 Traffic Control at (Price in Words) A-6 Traffic Striping, Signing & Reflective Pavement Markers Marking at 6/4 ItT (Price in Words) A-7 Landscaping Restoration at Price in Words) A-8 Erosion Control & SWPPP for Entire Proect (Price in Words) A-9 « 24" HOPE SDR 1 1 Pipe OR 24" Fusible DR1 8 C905PVC Pipe (Force Main "A" STA 5+55 to STA 6+32 & Force Main "B" STA 5+55 to STA 5+79) either Complete with Ductile Iron Fittings, including Ductile Iron Tees at the Crossover Assembly, Trench, Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-02, C-06, &C-16) (Unit Price in Words) LS LS LS LS . $$ 100 LF $s Contract No. 55081 Addendum No. 1 Page 3 of 19 Pages Item No. Description A-10 24" CIPP Lining of Existing DIP (Force Main "A" STA 6+32 to STA 29+75), Liner Sampling & Testing, Terminations, Pre- & Post- Installation Cleaning & Television Inspection, Testing of all Waste Material, Discharge Treatment, Sampling & Testing of Discharge Water, Excavation, Backfill, Bedding, & Pavement Restoration (see ^$heets,C-02, C-03 & C-04) at A-11 A-12 LMMS Approximate Quantity And Unit 2400 LF $ (Unit Price in Words) 24" HOPE SDR 11 Pipe OR 24" Fusible DR1 8 C905PVC Pipe Complete with Ductile Iron Fittings (Force Main "B" STA 5+79 to STA 29+75), Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-06, C-07, & C-08) at UU&L.~ (Unit Price ih Words) 24" Dual HOPE SDR 11 Pipe OR 24" Dual Fusible DR 18 C905 PVC Pipe Either Complete with Ductile Iron Fittings (Force Main "A" STA 29+75 to STA 37+43 & Force Main "B" STA 29+75 to STA 37+61), Trench, Excavation, Backfill, Bedding, & Pavement Restoration (see Drawings C-04, C-05, C-08, & C-09) at Unit Price (Figures) Total Amount (Figures) $(£>O 2400 LF $ 1550 LF $ (775 LF Each Force Main) V / V (Unit Price in Words) Contract No. 55081 Addendum No. 1 Page 4 of 19 Pages Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-13 24" Ductile Iron Pipe (Force LS $ ^Ibf"" $ T\hi Mains "A" & "B"), Pipe Supports, Seismic Bracing, Fittings, Excavation, Backfill, & Bedding at Jefferson Street Bridge (see sheets C-10& C-11)a1 (Price in Words) A-14 24" HOPE SDR 11 Pipe 140 LF $ /^ $ 3 f. / *?° OR 24" Fusible DR 18 C905 PVC Pipe Complete with Ductile Iron Fittings (Force Main "A" STA 39+86 to STA 40+54 & Force Main "B" STA 39+74 to STA 40+41), Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-05 & C-09) ats\i\ 1T ' - (Unit Price' in Words) A-15 24" Ductile Iron Pipe, 200 LF Complete In Place with Fittings, Pipe Supports & Appurtenances at Buena Vista Lift Station Yard Piping (see Sheet C-01) at (Unit Price in Words) A-16 Lift Station Yard LS $_ Improvements Including: Small Diameter Piping, Trench Drain, Storm Drain Inlet, Drainage Swale Improvements, Paving Replacement, & Fencing at (Unit Price in Words) Contract No. 55081 Page 5 of 19 Pages Addendum No. 1 Item No. A-17 Description Demolition, Removal, and/or Salvage of Pipelines, Valves, Fittings, Conduits, & Materials Shown on Sheets D-01 , D-02, C-04, C-08, C- 1 0, & C-1 1 , Exclusive of ACP Pjpe Removal & Disposal at (Unit Price in Words) A-18 ACP Pipe Removal at A-19 (Unit Price in Words) A-21 24" Magnetic Flow Meter Complete in Place at (Price in Words) Approximate Quantity And Unit LS (Price in Words) 24" Plug Valve Complete In Place at Buena Vista Lift Station & Jefferson Street t at (Unit Price in Words) A-20 16" Plug Valve Complete In Place at Buena Vista Lift Station at (Unit Price in Words) A-22 Surge Relief Tank, Including Tank Supports & Foundation, Equipment Pad, & all Accessories, including Conduit, Air Piping, Supports, Level Instrumentation, Sight aJass, Misc. Valves LS 8 EA LS Unit Price (Figures) iVf5<X> Total Amount (Figures) $ $ I / %/$ $* SEA $ 2 EA $^ Contract No. 55081 Addendum No. 1 Page 6 of 19 Pages Item No. Description A-23 Concrete Vault for Flow Meter with Traffic Rated Type 316 Stainless Steel Access Hatches at (Unif Price in Words) A-24 Air & Vacuum Release Valves (Vent-O-Mat) at (Price In Words) A-27 Sheeting, Scaffolding, Shoring, & Bracing, Including All Labor, Equipment, & Submittals of Structural Design, Comolete at (Price in Words) Approximate Quantity And Unit 2 EA (Price in Words) A-25 Submersible Sump Pump at (Pfice in Words) A-26 Dewatering Including All Equipment, Permits & Labor (Price In Words) A-28 Hydrostatic testing, Including All Materials & Personnel Complete LS LS LS Unit Price (Figures) Total Amount (Figures) 4 EA $ 1 EA $ $ $™ ' Contract No. 55081 Addendum No. 1 Page 7 of 19 Pages Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-29 Temporary Sewer Bypassing, LS $ i $ Including Submission of Bypass Plans, Coordination with City & Agencies & Redundant Systems at (Price in Words) A-30 Replace 2 1/2 " Water Line 700 LF $ I I $ ^ // ' (Sch. 80 PVC / Sch. 40 Steel as Shown on Contract Drawings) Including Trenching, Excavation, Backfill, Paving & Landscape Restoration, Pipe Supports, Connections, Fittings, Valves, & Appurtenances at (Price in Words) A-31 All Other Work to be done to LS $ / $ Complete the Project but Not Specifically Listed in Bid Item /VvLJhrough A-30 at • (Price in Words) Total amount of bid in words/or Schedule "Al1: / ~h><^/t MillionM/y:y - ft Total amount of bid in numbers for Schedule "A": $ Price(s) given above are firm for 90 days after date of bid opening. I OPENED, WITNESSED AND DATE ~i L Contract No. 55081 Page 8 of 19 Pages Addendum No. 1 SCHEDULE"B" REPLACEMENT OF EXISTING VC-4 FORCE MAIN, NEW PARALLEL VC-4 FORCE MAIN, AND MODIFICATIONS TO BUENA VISTA LIFT STATION Item No. B-1 Description Mobilization at One hundred twenty-five thousand Approximate Quantity And Unit Stipulated Price Unit Price (Figures) $125,000 Total Amount (Figures) $125,000 (Price in Words) B-2 Clearing & Grubbing at (Price in Words) B-3 Unclassified Excavation at LS 100CY $$ (Unit Price in Words) B-4 Construction Schedule at Seven thousand five hundred (Price in Words) B-5 Traffic Control at (Price in Words) B-6 Traffic Striping, Signing & Reflective Pavement Markers Marking at (Price in Words) B-7 Landscaping Restoration at (Price in Words) B-8 Erosion'Control & SWPPP for Entire Project at (Price in Words) Stipulated Price LS LS LS LS $ $ $7,500 $7,500 $ Contract No. 55081 Addendum No. 1 Page 9 of 19 Pages Item No. Description B-9 24" HOPE SDR 11 Pipe OR 24" Fusible DR 18 C905 PVC Pipe (Force Main "A" STA 5+55 to STA 6+32 & Force Main "B" STA 5+55 to STA 5+79) either Complete with Ductile Iron Fittings, Including Ductile Iron Tees at the Crossover Assembly, Trench, Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-02, C-06, &C-16) at Approximate Quantity And Unit 100LF Unit Price (Figures) Total Amount (Figures) $_ (Unit Price in Words) B-10 Remove Existing 24" DIP (Force Main "A" STA 6+32 to STA 29+75) & dispose Pipe Material Off Site (see Sheets C-02, C-03 & C-04) at 2400 LF $ (Unit Price in Words) B-11 24" HOPE SDR 11 Pipe OR 24" Fusible DR 18 C905 PVC Pipe with Ductile Iron Fittings (Force Main "C" STA 6+32 to STA 29+75), Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-02, C-03 & C-04) at 2400 LF $ (Unit Price in Words) Contract No. 55081 Addendum No. 1 Page 10 of 19 Pages Item No. Description B-12 24" HOPE SDR 11 Pipe OR 24" Fusible DR 18 C905 PVC Pipe with Ductile Iron Fittings (Force Main "B" STA 5+79 to STA 29+75), Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-06, C-07, & C-08) at Approximate Quantity And Unit 2400 LF Unit Price (Figures) Total Amount (Figures) $ (Unit Price in Words) B-13 24" Dual HOPE SDR 11 Pipe OR 24" Dual Fusible DR 18 C905 PVC Pipe with Ductile Iron Fittings (Force Main "A" STA 29+75 to STA 37+43 & Force Main "B" STA 29+75 to STA 37+61), Trench, Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-04, C-05, C-08, & C-09) at 1550LF (775 LF Each Force Main) $ (Unit Price in Words) B-14 24" Ductile Iron Pipe (Force Mains "A" & "B"), Pipe Supports, Fittings, Excavation, Backfill, & Bedding at Jefferson Street Bridge (see Sheets C-10 & C- 11) at LS $ (Price in Words) Contract No. 55081 Addendum No. 1 Page 11 of 19 Pages Item No. Description B-15 24" HOPE SDR 11 Pipe OR 24" Fusible DR18 C905PVC Pipe Complete with Ductile Iron Fittings (Force Main "A" STA 39+86 to STA 40+54 & Force Main "B" STA 39+74 to STA 40+41), Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-05 & C-09) at Approximate Quantity And Unit 140 LF Unit Price (Figures) Total Amount (Figures) $ (Unit Price in Words) B-16 24" Ductile Iron Pipe, Complete In Place with Fittings, Pipe Supports & Appurtenances at Buena Vista Lift Station Yard Piping (see Sheet C-01) at 200 LF (Unit Price in Words) B-17 Lin Station Yard Improvements Including: Small Diameter Piping, Trench Drain, Storm Drain Inlet, Drainage Swale Improvements, Paving Replacement, & Fencing at LS $ (Unit Price in Words) B-18 Demolition, Removal,and/or Salvage of Pipelines, Valves, Fittings, Conduits, & Materials Shown on Sheets D-01, D-02, C-04, C-08, C- 10, & C-11, Exclusive of ACP Pipe Removal & Disposal at LS $ (Unit Price in Words) Contract No. 55081 Addendum No. 1 Page 12 of 19 Pages Item No. Description B-19 ACP Pipe Removal at Approximate Quantity Unit Price And Unit (Figures) (Price in Words) B-20 24" Plug Valve Complete In Place at Buena Vista Lift Station & Jefferson Street West at Total Amount (Figures) LS $ SEA $ (Unit Price in Words) B-21 16" Plug Valve Complete In Place at Buena Vista Lift Station at SEA $ (Unit Price in Words) B-22 24" Magnetic Flow Meter Complete in Place at 2EA $ (Unit Price in Words) B-23 Surge Relief Tank, Including Tank Supports & Foundation, Equipment Pad, &AII Accessories, Including Conduit, Air Piping, Supports, Level Instrumentation, Sight Glass, Misc. Valves at LS (Price in Words) B-24 Concrete Vault for Flow Meter with Traffic Rated Aluminum Access Hatches at 2EA $ (Unit Price in Words) Contract No. 55081 Addendum No. 1 Page 13 of 19 Pages Item No. Description B-25 Air & Vacuum Release Valves (Vent-o-mat) at Approximate Quantity And Unit 2EA (Unit Price in Words) B-26 Submersible Sump Pump at (Unit Price in Words) B-27 Dewatering Including all Equipment, Permits & Labor at (Price In Words) B-28 Sheeting, Scaffolding, Shoring, & Bracing, Including All Labor, Equipment, & Submittals of Structural Design, Complete at 1 EA LS LS $ Unit Price (Figures) Total Amount (Figures) $ $ (Price in Words) B-29 Hydrostatic Testing, Including all Materials & Personnel Complete at LS $ (Price in Words) B-30 Temporary Sewer Bypassing, Including Submission of Bypass Plans, Coordination with City, Agencies & Redundant Systems at LS $_$ (Price in Words) Contract No. 55081 Addendum No. 1 Page 14 of 19 Pages Item No. Description B-31 Replace 2 1/2" Water Line (Sch. 80 PVC / Sch. 40 Steel as Shown on Contract Drawings) Including Trenching, Excavation, Backfill, Paving & Landscape Restoration, Pipe Supports, Connections, Fittings, Valves, & Appurtenances at Approximate Quantity Unit Price And Unit (Figures) 700 LF Total Amount (Figures) $$ (Price in Words) B-32 All Other Work to be Done to Complete the Project but not Specifically Listed in Bid Item B-1 Through B-31 at LS $_ (Price in Words) Total amount of bid in words for Schedule "B": Total amount of bid in numbers for Schedule "B": $ Price(s) given above are firm for 90 days after date of bid opening. Contractor may bid on Schedule "A" or Schedule "B" or both. Only one Schedule will be awarded. The basis of award will be the schedule with the lowest total amount of bid. Addendum(a) No(s)._ proposal. has/have been received and is/are included in this Contract No. 55081 Addendum No. 1 Page 15 of 19 Pages The Undersigned has carefully checked all of the above figures and understands that the City 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 City Council of the City of Carlsbad, the City 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 *7<?oQl*l , classification // which expires on o/3//7 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is (Cash, Certified Che> or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Contract No. 55081 Page 16 of 19 Pages Addendum No. 1 Check a License - Contractors State License Board Page 1 of2 of Consumer Affairs ; • Contractors State License Board Contractor's License Detail - License # 798819 <Lu DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity: Issue Date Expire Date License Status Additional Status: Classifications: Bonding: Workers' Compensation: 798819 Extract Date: 6/13/2011 C C L CONTRACTING INC 1938 DON LEE PLACE ESCONDIDO, CA 92029 Business Phone Number:(760) 743-2254 Corporation 08/27/2001 08/31/2011 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 661114180 in the amount of $12,500 with the bonding company LINCOLN GENERAL INSURANCE COMPANY. Effective Date: 01/01/2007 Cancellation Date: 07/31/2011 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) LUSKY BRYAN KENNETH certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 08/27/2001 BQI's Bonding History This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=79... 6/13/2011 Check a License - Contractors State License Board Page 2 of 2 Policy Number:UH1944H05811 Effective Date: 04/01/2011 Expire Date: 04/01/2012 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use I Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=79... 6/13/2011 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code Telephone No. (5) E-Mail (Street and Number) 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 City and State (4) Zip Code (5) E-Mail (Street and Number) .Telephone No. Contract No. 55081 Addendum No. 1 Page 17 of 19 Pages IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted (2) (Title)w Impress Corporate Seal here /J / / (3) Incorporated under the laws of the State of. (4) Place of Business /> ^ (Street and Number) City and State _ &&As??S0D /». (5) Zip Code >7? Telephone No. (6) E-Mail _ *~ — • NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Contract No. 55081 Page 18 of 19 Pages Addendum No. 1 /•*--• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTI ! State of California County of SAN DIEGO On S / 13 before me,MICHELLE M. BASUIL, NOTARY PUBLIC personally appeared BRYAN LUSKY who proved to me on the basis of satisfactory evidence to be the person® whose name(e) is/aw subscribed to the within instrument and acknowledged to me that he/sbe/tfoey executed the same in his/her/ tbetf authorized capacity(wsf, and that by his/her/their signature(s)-on the instrument the personfs^or the entity upon behalf of which the person(e)-acted, executed the instrument. MICHELLE M. BASUIL COMM. #1862575 NOTARY PUBLIC-CALIFORNIA V> SAN DIEGO COUNTY MyComm. Exp. AUG24. 2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary •^^^— OPTIONAL SECTION 1 No. 5193 ^™ OPTIONAL SECTION — CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL [X] CORPORATE OFFICER(S) SECRETARY TITLE(S) [JPARTNER(S) rjLIMITED [J GENERAL DATTORNEY-IN-FACT DTRUSTEE(S) Q GUARDIAN/CONSERVATOR nOTHER: - THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE - SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 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: Contract No. 55081 Page 19 of 19 Pages Addendum No. 1 BID SECURITY FORM (Check to Accompany Bid) BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, 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 City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Cross out 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.) Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 34 of 59 Pages August 2010 BIDDER'S BOND TO ACCOMPANY PROPOSAL BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 KNOW ALL PERSONS BY THESE PRESENTS: ™ SAFECO INSURANCE That We, CCL CONTRACTING. INC. COMPANY OF AMERICA as Surety are held and firmly bound unto the City of Carjsbad. Cali Q/nia. in an amount as follows: (must be at least ten percent (10%) of the bid amount) mrtMrF-gg GREATER for whjch payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Uft St3tion Force Main (vc"4) Contract No. 55Q81 Page 35 of 59 Pages Executed by PRINCIPAL this 17TH day of,MAY .20 11 PRINCIPAL: CCL CONTRACTING. INC. (name of Principal) gy; ^//falA't+-J £f (sign here) THOMAS CARMICHAEL (print name here) PRESIDENT (Title and Organization of Signatory) By: (sign her BRYAN LUSKY (print name here) SECRETARY (title and organization of signatory) .dayExecuted by SURETY this HTH Of MAY , 2011 SURETY: SAFECO INSURANCE COMPANY OF AMERICA (name of Surety) ATTN: SURETY CLAIMS DEPARTMENT 1001 4TH AVENUE. SUITE 1700 (address of Surely) SEATTLE, WA 98154 818/956-4200 (telephone number of Surely) L (signature of Attorney-in-Fact) MARK D. IATAROLA. ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By:. Deputy City Attorney Buena Vista Lift Station Force Main (VC-4)Contract No. 55081 Page 36 of 59 Pages CALIFORN BSSSSSSSSSS L-PURPOSE ACKNOWLEDGMENT No. 5193 State of California County of SAN DIEGO On personally appeared before me MICHELLE M. BASUIL, NOTARY PUBLIC THOMAS CARMICHAEL, BRYAN LUSKY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that he/s+te/they executed the same in hts/ter/ their authorized capacity(ies), and that by-bis/ber/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MICHELLE M. BASUIL COMM. #1862575 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm. Exp AUG24.2013 v> I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ^™ OPTIONAL SECTION "•" CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL 0 CORPORATE OFFICER(S) PRESIDENT, SECRETARY TITLE(S) [JPARTNER(S) n LIMITED fj GENERAL DATTORNEY-IN-FACT QTRUSTEE(S) n GUARDIAN/CONSERVATOR [J OTHER: Signature of Notary —^" OPTIONAL SECTION SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. &SSSSSSSS TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE - } /i i t I t I (I i i CALIFORNI L-PURPOSE ACKNOWLEDGMENT SSSSSSSSSSSSSSSSSSSi^SSSSSSSSSSSSSSSSSSSSSSSS State of California County of SAN DIEGO Qn 05/17/2011 beforeme DEBORAH D. DAVIS, NOTARY PUBLIC personally appeared MARK D. IATAROLA who proved to me on the basis of satisfactory evidence to be the person® whose name®) is/aw subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ tbeif authorized capacity(ies), and that by his/befirlheff signature(s)-on the instrument the person^, or the entity upon behalf of which the person® acted, executed the ., instrument.#1929979 NOTSANOIEBGOCCCAUFORN'A I ' certify under PENALTY OF PERJURY under the laws of JUyCormn.Exp ApRiL^m* R the state of Calif°rnia tnat tne foregoing paragraph is ^"" ' v true and correct. WITNESS my hand and official seal. °^.?.AH D.DAVIS AA Signature of Notary ™^^™ OPTIONAL SECTION •"•OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL n CORPORATE OFFICER(S) TITLE(S) [JPARTNER(S) G LIMITED fj GENERAL HATTORNEY-IN-FACT DTRUSTEE(S) n GUARDIAN/CONSERVATOR nOTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. sssssssss TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT . SIGNER(S) OTHER THAN NAMED ABOVE - THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.4408607 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint JOHN G. MALONEY, HELEN MALONEY, MARK D. IATAROLA, DEBORAH D. DAVIS, MATTHEW C. GAYNOR, ALL OFTHE CITY OF ESCONDIDO, STATE OF CALIFORNIA... woa0) (Q ** O oj oSa~ **£ 0)"*-"S(0 & o ra•4- L.is-CD C> 0) O , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding TWENTY FIVE MILLION AND 00/1 QQ*'*'*"***"* ****** DOLLARS {$ 25,000,000.00*"*****"***** ******) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 16th day of February , 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY ss SAFECO INSURANCE COMPANY OF AMERICA February By Garnet W. Elliott, Assistant Secretary 2011 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, andOn this 16th day of __ acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREO first above written. CERTIFICATE o subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year <*>By yy Commission :. -<,- BS w?,r, 26,2(n a Teresa Pastella, Notary Public cro c_ O (al-ow IIo E Q. CO = Vra .a .«t- COCAoo I, the undersigned, Assistant Secretary>f Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signsturo of «any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. 17THIN TESTIMONY WHEREOF, I have hereunto subscribed my na MAY . 2011. ixed the corporate seal of the said company, this__day of David'M. Carey, Assistant Secretary Company Profile Page 1 of 2 Company Profile SAFECO INSURANCE COMPANY OF AMERICA 175 BERKELEY STREET BOSTON, MA 02116 Former Names for Company Old Name: SELECTIVE AUTO & F INS CO AMER Effective Date: 11-02-1953 Agent for Service of Process KAREN HARRIS, C/O CORPORATION SERVICE COMPANY 2730 GATEWAY OAKS DRIVE, SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24740 NAIC Group #: 0111 California Company ID #: 1442-3 Date authorized in California: October 07, 1953 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=3361 6/13/2011 Company Profile Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised - May 26, 2011 01:14 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=3361 6/13/2011 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1 -2 of the General Provisions to this Contract, especially, "Bid", "Bidder, "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer, "Own Organization", "Subcontractor, and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 37 of 59 Pages August 2010 Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 38 of 59 Pages August 2010 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* £-10 /Z/PP A £>77 Y Page of pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page 39 of 59 Pages EQUIPMENT/MATERIAL SOURCE INFORMATION TO ACCOMPANY PROPOSAL BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 The Bidder shall indicate opposite each item of equipment or material listed below the name of the one manufacturer of each item or equipment or material proposed to be furnished under the bid. Awarding of a contract under this bid will not imply approval by District or the manufacturers listed by the Bidder. Item No.Equipment/Material Manufacturer 24" Ductile Iron Pipe CIPP liner 24" HOPE 24" Fusible PVC (FPVC) 24" & 16" Plug Valves 24" Magnetic Flow Meter Air and Vacuum Release Valves 8 Submersible Sump Pumps Surge Tank and Appurtenences 10 Traffic Rated Hatches Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page 40 of 59 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer i Name and Phone No. of Person to Contract ^b<P '-.&> F J Type of Work nj Amount of Contract Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page 41 of 59 Pages CCL Contracting Inc. Completed Projects List Project Owner Name & Location Work Contract Involved Amount City of Escondido Mission Ave 201 North Broadway Ceder Ave Sewer Escondido, Ca Padre Dam MWD Alpine/Arnold Rd. 10887Woodside Santee, Ca Oceanside School 2111 Mission Ave Oceanside, Ca Padre Dam MWD 10887Woodside Santee, Ca Oceanside High Sch Tavern Rd. Casino Valley Center 33750 Valley Center Rd. Valley Center, Ca Collier Norwood Tuttle Click 520 Valley Parkway Escondido, Ca City of Solana Beach Solana Beach 635 S. Highway 101 Solana Beach, Ca Stowe Pasco 7505 Solano St. Carlsbad, Ca Otay Helix Water District La Mesa 7811 University Ave La Mesa, Ca Santa Fe Irrigation Solana Beach Linea Del Cielo Santa Fe, Ca Sewer $356,000 15"PVC Water line $110,000 24" repairs Waterline $259,620 8" Waterline Comp Project Date Engineer 4/16/02 Bill Evans 760 839-4664 3/1/02 Jamie Philpott 619596-3145 7/12/02 Leigh Cross 760 435-5909 Water line $35,000 5/8/02 Jamie Philpott 619596-3145 Water $11,818 7/15/02 Mike Rabal(W.E. O'Neil) Water $97,000 11/30/02 (310)629-0517 Fireline $121,000 7/1/02 Sewer 15", 18" $433,542 9/30/02 David Lyons 760 716-9546 Jim Greenstein 858 755-1782 Water $145,000 30" CML&C 3/30/03 Tom Hansel 619778-1351 Water 8", 10" $570,259 5/21/03 Chris McRae 619667-6278 Water $581,689 8, 10, 12" 6/13/03 Dana Johnson 858 756-2424 ,&an Diego CWA ^*/7 Overland Ave San Diego, Ca 92123 Fallbrook PUD 990 East Mission Rd. Fallbrook, Ca Harrahs Casino 33750 Valley Center Rd. Valley Center, Ca Padre Dam MWD 10887 Woodside Santee, Ca Rincon del Diablo MWD 1920 North Iris Lane Escondido, Ca 92026 760 745-5522 San Marcos Water $134,000 42" Steel Fallbrook Water $198,583 8" CML&C Valley Center Water Sewer Dunbar Ln Water line 16" Escondido Water 8"/20" 36" casing Under RXR $200,000 $854,000 5/1/03 7/23/03 1/31/04 7/30/04 $435,000 3/19/04 $348,932 2/3/04 Steve Shumaker 858 522-6866 Michael Page 760728-1125 Mike Rabal(W.E. O'Neil) (310)629-0517 Bob Duffy 619596-3145 Clint Baze/ Alan Heck 1920 North Iris Lane Escondido, CA 92026 760 745-5522 Santa Fe Irrigation District Solana Beach Water 5220 Linea Del Cielo icho Santa Fe, Ca 92067 Helix Water District 7811 University Ave La Mesa, Ca Rainbow MWD 3707 Old Highway 395 Fallbrook, Ca Rainbow MWD 3707 Old Highway 395 Fallbrook, Ca Santa Margarita WD 26111 Antonio Pkwy Mission Viejo, CA 92690 La Mesa 8,10,12" Water 8", 10" $1,142,037 5/18/04 $298,000 7/21/04 Fallbrook Water $213,000 8/31/04 Canonitall 12" CML&C Fallbrook Water $309,000 8/31/04 Linda Vista 16" & 8" waterline LasFlores Water $3,265,465 2/4/05 Oso Pkwy 24" & 16" steel Dana Johnson 858 756-2424 Art Floto 619 667-6278 Barney Barnnet 760728-1178 Barney Barnnet 760728-1178 Bart Lantz 949 459-6504 Palomar College 1140 W. Mission Rd. Marcos, Ca San Marcos Sewer/cone. $129,000 6" SDR 35 1/17/05 Mike Ellis 760 788-2260 MWD 105EarlhamSt. Ramona, Ca City of Escondido 201 North Broadway Escondido, Ca Vallecitos Water 201 Vallecitos de Oro San Marcos, Ca City of Escondido 201 North Broadway Escondido, Ca City of Poway 13325 Civic Center Dr Poway, Ca Santa Margarita WD 26.111 Antonio Pkwy jsion Viejo, CA 92690 Ramona Water $244,697 3/31/05 8" water HaleAve Brine Line $680,000 6/30/05 12" PVC, 36" CML&C Land Outfall Sewer Line $2,010,000 5/1/06 24" PVC, 72" Tunnel 1-15 Pipeline Water Line $894,370 6/16/06 Relocation 16" CML&C 36" Casing (Jack & Bore) WeltonLn Sewer $294,000 6/13/06 8" SDR 35 LasFlores Water $4,734,879 5/2/06 Oso Pkwy 24" & 16" steel 60" Casing (Jack & Bore) Randy Rush 760 788-2260 Bill Evans 760 839-4664 Chuck Renck 760 744-0460 Mark Lewis 760 839-4664 Mark Westover 858 668-4634 Bart Lantz 949 459-6504 San Diego County Water Authority Water $3,454,848 4677 Overland Ave SanViciente 60" CML&C San Diego, C A 92123 12" fire service 1/31/07 City of Oceanside 300 N. Coast Hwy Oceanside, Ca Santa Margarita WD 26111 Antonio Pkwy Mission Viejo, CA 92690 Trabuco Canyon WD 32003 Dove Canyon Dr. Trabuco Canyon, Ca Buena Vista Sewer Forcemainll 24" PVC Las Flores Water Oso Pkwy 16" steel 8" PVC $3,204,514 8/31/07 $2,271,972 8/31/07 Robinson RC Water $686,873 Ranch 8" & 4" PVC 9/7/07 Jack Neeley 858 522-6852 Gary Bodman 760 435-5908 Bart Lantz 949 459-6504 Hector Ruiz 949412-8214 Ramona School District 1JJI5 Earlham St. nona, Ca Ramona Water 8" PVC $202,697 10/31/07 Lynn Kotas 760 787-2035 Margarita WD 26111 Antonio Pkwy Mission Viejo, CA 92690 CityofEscondido 201 North Broadway Escondido, Ca Mission Viejo Water $273,479 Valve Replacement Project Alexander Pipeline Santa Fe Irrigation District Fairbanks 5920 Linea Del Cielo Rancho Santa Fe, Ca 92067 Water Line $3,861,659 24"CML&C (12,000 LF) Water $1,818,006 Valve Replacement Project Sweetwater Authority 505 Garrett Ave Chula Vista, CA South Coast Water District 31592 West Street Laguna Beach, CA Chula Vista Water Dana Point Otay Water District El Cajon 2554 Sweetwater Springs Blvd ing Valley, CA 91978 Yuima Municipal Water District 34928 Valley Center Road Pauma Valley, CA 92061 Water $3,300,000 36"CML&C (5,600 LF) Water $14,407,033 36"CML&C (27,000 LF) 12"PVC (4,500 LF) 54" Jack and Bore (460LF) Water $85,812 12"CML&C(160LF) 6/27/08 10/30/08 1/30/09 $980,774 4/7/09 9/1/09 Bart Lantz 949 459-6504 Mark Lewis 760 839-4664 Dana Johnson 858 756-2424 Tom Justo 619 409-6755 John 949 499-4555 10/15/10 Manny Magana 619 670-2273 NOC filed 12/14/10 10/8/10 Todd Engstrand 760 742-3704 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: EH Comprehensive General Liability ~ 'D Automobile Liability sC&>tl Workers Compensation j^- '"H Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 42 of 59 Pages August 2010 2011/08/10 15:17:58 /7 -J s. ^ORcf CERTIFICATE OF LIABILITY INSURANCE BAo^oTT™ k«THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES "' BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. 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 endorsement(s). PRODUCER Alliant Insurance Services, Inc. 701 B Street, 6th Floor San Diego CA 92101 INSURED CCL Contracting, Inc. 1938 Don Lee Place Escondido CA 92029 CONTACT NAME: Norma Montes PHONE I FAX(AJC No.Ex«:619-849-3871 1 (A/C,No):619-699-2163 ADDRESS: NMontesSalliant insurance . com PRODUCERCUSTOMER ID*: INSURER(S) AFFORDING COVERAGE INSURERA: Travelers Ind Co of CT INSURERS: Travelers Property Casualty Co INSURER C: INSURER D: INSURER E: INSURER F : NAIC* 25682 25674 COVERAGES CERTIFICATE NUMBER: 1617748991 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF (MMIDDfl'YYYl POLICY EXP(MM/DDfTlTYl LIMITS GENERAL LIABILITY C01166C451 12/7/2010 12/7/201L EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY CLAIMS-MADE |* | OCCUR DAMAGE TO RENTEDPREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADVINJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: ~1 POLICY [*~|I SECT I I ioc PRODUCTS- COMP/OP AGG $1,000,000 $300,000 $5,000 $1,000,000 $2,000,000 $2,000,000 AUTOMOBILE LIABILITY BA1166C451 12/7/2010 12/7/2011 COMBINED SINGLE LIMIT (Ea accident)$1,000,000 ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NOW-OWNED AUTOS BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA UAB EXCESS UAB OCCUR CLAIMS-MADE CUP1166C451 12/7/2010 12/7/2011 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 DECUCTIBLE RETENTION $$10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE fOFFICER/MEMBER EXCLUDED? (Mandatary In NH) If yes. describe underDESCRIPTION OF OPERATIONS below DB1944M088-11 4/1/2011 4/1/2012 Y(N TWCSTATU- II TORY LIMITS I IOTH-I ER N/A El. EACH ACCIDENT $1,000,000 El. DISEASE- EA EMPLOYEE $1.000,000 El. DISEASE- POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD101, Additional Remarks Schedule, If more space Is required) JOB: BUENA VISTA LIFT STATION FORCE MAIN (VC-4}PROJECT: 55081 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. PRIMARY WORDING IS INCLUDED. CERTIFICATE HOLDER CANCELLATION I CITY OF CARLSBAD PUBLIC WORKS PURCHASING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD CA 92008-7314 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 'J ACORD 25 (2009/09) ® 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2011/08/10 15:17:58 n COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured oh this Cover- age Part, but: a) Only with respect to liability for 'bodily injury", "property damage* or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "y°ur work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III - Limits Of insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury', "prop- erty damage* or "personal injury* arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: !. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury' or "property damage" that oc- curs before the end of the period of time for which the 'written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim., To the extent possible, such notice should include: CG D2 46 08 05 © 2006 The St. Paul Travelers Companies, Inc.Page 1 of 2 2011/08/10 15:17:58 /7 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence* or offense took place; II. The names and addresses of any injured persons and witnesses; and ill. The nature and location of any Injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit* and the date received; and if. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of alt legal papers received in connection with the claim or "suit", cooperate with us In the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of 'other insurance* which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal Injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St Paul Travelers Companies, Inc.CG D2 46 08 05 2011/08/10 15:17:58 5 /7 Policytt C01166C451 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com- mon Policy Condition are replaced by the follow- ing: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named in- sured at the mailing address shown in the policy and to the producer of record, advance written notice of cancellation, stating the rea- son for cancellation, at least: a. 10 days before the effective date of can- cellation if we cancel for (1) Nonpayment of premium; or (2) Discovery of fraud fay: (a) Any insured or his or her repre- sentative in obtaining this insur- ance; or (b) You or your representative in pursuing a claim under this pol- icy. b. 30 days before the effective date of can- cellation if we cancel for any other rea- son. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective IL 02 70 09 08 © ISO Properties, Inc., 2007 dale of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we is- sued and due during the current pol- icy term covering the same risks. (2) Discovery of fraud or material misrep- resentation by: (a) Any insured or his or her repre- sentative in obtaining this insur- ance; or (b) You or your representative in pursuing a claim under this pol- icy. (3) A judgment by a court or an adminis- trative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. (4) Discovery of willful or grossly negli- gent acts or omissions, or of any vio- lations of state laws or regulations es- tablishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if Page 1 of 3 008802 2011/08/10 15:17:58 /7 that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of. or changes in: our rein- surance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy cover- age would: (i) Place us in violation of Cali- fornia law or the laws of the state where we are domi- ciled; or (ii) Threaten our solvency. (7) A change by you or your representa- tive in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, slating the reason for cancellation, to the first Named In- sured, at the mailing address shown In the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpay- ment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancella- tion Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to cover- age on tenants' household personal property in a residential unit, if such coverage is writ- ten under one of the following: Commercial Property Coverage Part Farm Coverage Part - Farm Property - Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of cov- erage we previously issued, we may can- cel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely be- cause the first Named Insured has: (1) Accepted an offer of earthquake cov- erage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium sur- charge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This Restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part - Causes Of Loss - Special Form; or (3) Farm Coverage Part - Causes Of Loss Form - Farm Property, Para- graph D. Covered Causes Of Loss - Special. C. The following is added and supersedes any pro- visions to the contrary: NONRENEWAL 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of re- cord, at the mailing address shown in the pol- icy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential Page 2 of 3 © ISO Properties, Inc , 2007 IL 02 70 09 08 2011/08/10 15:17:58 n unit, if such coverage is written under one of the following: Capital Assets Program (Output Policy) Cov- erage Part Commercial Property Coverage Part Farm Coverage Part - Farm Property - Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such cover- age for any reason, except as provided in b., c. and d. below; b. We will not refuse to renew such cover- age solely because the first Named In- sured has accepted an offer of earth- quake coverage. However, the following applies only to in- surers who are associate participating in- surers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the ap- proved rating plan and related docu- ments filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazard- ous condition includes, but is not lim- ited io, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policy- holder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial in- crease in the premium charged for reinsurance coverage of our residentiai property insurance policies; and the Commissioner has approved a plan for the nonienewals that Is fair and equitable, and that is responsive to the changes in our reinsurance po- sition. c. We will not refuse to renew such cover- age solely because the first Named In- sured has cancelled or did not renew a policy, issued by the California Earth- quake Authority that included an earth- quake policy premium surcharge. d. We will not refuse to renew such cover- age solely because corrosive soil condi- tions exist on the premises. This Restric- tion (d.) applies only if coverage is sub- ject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form {Output Policy); (2) Commercial Property Coverage Part - Causes Of Loss - Special Form; or (3) Farm Coverage Part - Causes Of Loss Form - Farm Property, Para- graph D. Covered Causes Of Loss - Special. 3. We are not required to send notice of nonre- newal in the following situations: a. If the transfer or renewal of a policy, with- out any changes in terms, conditions, or rates, is between us and a member of our insurance group. b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement cover- age, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage d. If the policy is for a period of no more than 60 days and you are notified at the time of Issuance that it will not be re- newed. e. If the first Named Insured requests a change In the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. if we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. IL 02 70 09 08 006803 © ISO Properties, Inc., 2007 Page 3 of 3 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? V/ yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: By: (name of Contractor) S-^ . /^)(sign (print name/title) «-ft*v\ Page of pages of this Re Debarment form Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page 43 of 59 Pages m BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? v/ yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5) If the answer to either of 1 . or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page of pages of this Disclosure of Discipline form Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 44 of 59 Pages August 2010 m BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (name of Contractor) By: (signher **» me/tit(print name/title) Page of *sfaf~\ . pages of this Disclosure of Discipline form Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page 45 of 59 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 State of California ) ss-County of -B *\ of Bi(Name of Bidder) c— and says thafhe^pr she is r_I being first duly sworn, deposes — " ' (Title) of (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the - day of , 20 . Signature of Bidder Subscribed and sworn to before me on the day of , 20_ (NOTARY SEAL) Signature of Notary Buena Vista Lift Station Force Main (VC-4) Contract No, 55081 Page 46 of 59 Pages August 2010 CONTRACT PUBLIC WORKS This agreement is made this c2,£ day of Ai/#o'<s"C , 20 /( , by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and CCL Contracting Inc., whose principal place of business is 1938 Don Lee Place Escondido CA 92029, (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 (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, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 47 of 59 Pages August 2010 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 City about underground conditions or other job conditions is for Contractor's convenience only, and City 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 City. 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 City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of .Industrial Relations has determined the general prevailing rate of per diem wages in accordance with \ /^ California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 48 of 59 Pages August 2010 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, 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 City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate" counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 49 of 59 Pages August 2010 b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the 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 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 ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 50 of 59 Pages August 2010 (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City 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 City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. Y/*>x init ^i^ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 51 of 59 Pages August 2010 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 5SSSSSSSSSSSSSS State of California County of SAN DIEGO On 8/12/2011 before me MICHELLE M. BASUIL, NOTARY PUBLIC THOMAS CARMICHAELpersonally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(») subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/tier/ *etr authorized capacity(iee), and that by his/her/their signature® on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. ^^^^^^^HMwtei^^^^&M^^^jaB^MICHELLE M. BASUIL N COMM. #1862575 NOTARY PUBLIC-CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. k WITNESS my hand and official seal. Signature of Notary •—"^^ OPTIONAL SECTION No. 5193 ^™ OPTIONAL SECTION "• CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL d CORPORATE OFFICER(S) PRESIDENT _ TITLE(S)- PARTNER(S) [J GENERAL -FACTQATTORNEY- QTRUSTEE(S) n GUARDIAN/CONSERVATOR [J OTHER: • SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES.DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTsggggsss^j^sjsj«=g^ggg!sssigsfgssg No. 5193 State of California County of SAN DIEGO ) Qn 8/12/2011 before m^ MICHELLE M. BASUIL, NOTARY PUBLIC BRYAN LUSKYpersonally appeared who proved to me on the basis of satisfactory evidence to be the person® whose name® is/ais subscribed to the within instrument and acknowledged to me that he/she/ttrey executed the same in his/hef/ their authorized capacityftes), and that by his/tor/thair signature® on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.MICHELLE M. BASUIL COMM. #1862575 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyComm Exp AU624.2013 r WITNESS my hand and official seal. Signature of Notary ^••^^ OPTIONAL SECTION — OPTIONAL SECTION — CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL [X] CORPORATE OFFICER(S) SECRETARY TITLE(S). [JPARTNER(S) G LIMITED [J GENERAL QATTORNEY-IN-FACT DTRUSTEE(S) G GUARDIAN/CONSERVATOR [J OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE - / (.< \ SSSSSSSSSSS^^ 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR:CITY OF CARLSBAD a municipal corporation of (name of Contractor) By: (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page 52 of 59 Pages BOND NO. 6731497 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2011- 176, adopted July 26, 2011, has awarded to CCL Contracting Inc. (hereinafter designated as the "Principal"), a Contract for: BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, CCL CONTRACTING INC., as Principal, (hereinafter designated as the "Contractor"), and SAFECO INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the City of Carlsbad in the sum of Four Million Three Hundred Nine Thousand Three Hundred Dollars ($4,309,300), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 53 of 59 Pages August 2010 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this. dav of AUGUST 11TH .20 11 CONTRACTOR: CCL CONTRACTING, INC. (name of Contractor) By: (sign fiere) THOMAS CARMICHAEL Executed by SURETY this 11TH day of _ AUGUST _ _ 20 11 SURETY: SAFECO INSURANCE COMPANY OF AMERICA (name of Surety) OT:4WTOEf§USKATTT.F.., WA Q«154 (address of Surety) 818/956-4200 (print name here)(telephone number of Surety) PRESIDENT (title and organization of signatory) By:_ By: JOHN G. ure of^ttorney-i^-Fact) ONEY, ATTORNEY-IN-FACT BRYAN " S\ m WJSKY (print name here) (printed name of Attom'ey-in-Fact) (attach corporate resolution showing current power of attorney) SECRETARY (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City^ttbrriey Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page 54 of 59 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTssssassssssssss State of California SAN DIEGOCounty of On before me, personally appeared MICHELLE M. BASUIL. NOTARY PUBLIC THOMAS CARMICHAEL who proved to me on the basis of satisfactory evidence to be the person® whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ *etf authorized capacity(ie9), and that by his/tor/thcir signature® on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument. MICHELLE M. BASUIL COMM. #1862575 g. NOTARY PUBLIC-CALIFORNIA 05 SAN DIEGO COUNTY7 SAN DIEGO CUUNI Y « My Comm. Exp. AUG24.2013 V vx»vxvx^>>»v>VxgSxjv^"^' A I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary ^^— OPTIONAL SECTION •^™ OPTIONAL SECTION ^—i CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL m CORPORATE OFFICER(S)PRESIDENT TITLE(S) [JPARTNER(S) G LIMITED Q| GENERAL QATTORNEY-IN-FACT DTRUSTEE(S) G GUARDIAN/CONSERVATOR GOTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) } IIt' I t I I I THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: - Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT n>t 1t: a 1 '( \( \ssss[1 t 1111V'j State of California ) County of SAN DIEGO ) On fVnL/v»fc before me. MICHELLE M- BASUIL, NOTARY PUBLIC personally appeared BRYAN LUSKY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aw subscribed to the within instrument and acknowledged to me that he/sho/thoy executed the same in his/her/ Ibetf- authorized capacity(ies), and that by his/hor/their signature® on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. vp^-^-v Y^S™^-^^-^ 1 ™>rtify under PFNAITY DF PFR.IIIRY nnrlpr thp laws nf ^1 /4^3^ MICHELLE M. BASUIL ^ the State of California that the foregoing paragraph is J? ietf LA \?^ O/^fcilfcJI 4(-1OCOC7C *wi^^yai COMM. #1862575 s true and correct5 fsraSflalfe/ NOTARY PUBUC-CAUFORNIA W ? ^P7 My ^mDEExp0AU0G 2^2013 ^ WITNESS ^ ha[ld afld °fficial S6aL ^^ « ^ fiflL* sifj \jf » is /*~1 A^*i(/(ju2*s ' * /ffi&d>4*A^s\_gr m Signature of Notary THIS CERTIFICATE MUST BE ATTACHED TO TITI F DR TYPF OF nnr.l IMFMT THE DOCUMENT DESCRIBED AT RIGHT: MI moirr, rM- rift^i-o riA-ri- ^r r-v^^i mr No •^ OPTIONAL SECTION — CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL [X] CORPORATE OFFICER(S) SECRETARY TITLE(S) QPARTNER(S) fj LIMITED [J GENERAL QATTORNEY-IN-FACT DTRUSTEE(S) Q GUARDIAN/CONSERVATOR fj OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) MT 5193 SSSSA/ssssssssss./ \: : ,/ssss/SSSB/ \'t 3 Though the data requested here is not required by law, if 59&SS&SbSHSSSSSSS^ffSSSSSSSSSSSSSSS^3SSSSSSSSSSSSSSSSSSSSSSSSSJ8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On 8/11/2011 before me, personally appeared MICHELLE M. BASUIL, NOTARY PUBLIC JOHN G. MALONEY who proved to me on the basis of satisfactory evidence to be the person® whose name® is/are subscribed to the within instrument and acknowledged to me that he/ehcflhoy- executed the same in his/herf tbeti* authorized capacity^, and that by his/her/their signature® on the instrument the person®, or the entity upon behalf of which the person® acted, executed the instrument. ^^^^^^^^^^^^^j^^£^^£^i^^^^MICHELLE M. BASUIL N COMM. #1862575 | NOTARY PUBUC-CAUFORNIA 55 SAN DIEGO COUNTY ^ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary ^^— OPTIONAL SECTION ^™ OPTIONAL SECTION ^™ CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL G CORPORATE OFFICER(S) TITLE(S) [JPARTNER(S) nLIMITED [J GENERAL HATTORNEY-IN-FACT QTRUSTEE(S) [] GUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. ssssssss TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT . SIGNER(S) OTHER THAN NAMED ABOVE - It I I >, I I I I•f.// THIS POWtR OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.4566643 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint JOHN G. MALONEY, HELEN MALONEY, MARK D. IATAROLA, DEBORAH D. DAVIS, ALL OF THE CITY OF ESCONDIDO, STATE OF CALIFORNIA ..... woQ.O2-=3.on,--5=5"£o>o 0) a>^ ^^ 2 c •toO Z.. 1-0) O 5<D_ •*•* ro £ O><|» -O CB*- i- S&ca c> 0) , each individually if there be more than one named, its true and lawful attorney-in-facttomake, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding TWENTY FIVE MILLION AND QO/1QQ***** ****** DOLLARS ($ 25,000,000.00**************** ******) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 6th day of May , 2011^ . SAFECO INSURANCE COMPANY OF AMERICA COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By Garnet W. Elliott, Assistant Secretary On this 6th day of May 2011 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOfH-have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. CERTIFICATE &y commission Kpresidar.2B.2ei3 L^u^O Teres'a Pastella, Notary Public nbw, Pennsylvania ABsoraaticn; o! Notaries |E ifO-Q Ho 5Q. (0 a 8 II ro JD ?o "c °?06oji.o 1, the undersigned, Assistant :$ecretaty>f Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct -copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 1 8th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my na AUGUST , 2011 . xed the corporate seal of the said company, this_ I 1 -TIIT day of David" M. Carey, AsSfstant Secretary Premium Is For Contract Term BOND NO. 6731497 And Is Subject To Adjustment PREMIUM: $38,549.00Based On Final Contract Price FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2011- 176, adopted July 26, 2011, has awarded to CCL Contracting Inc. (hereinafter designated as the "Principal"), a Contract for: BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, CCL CONTRACTING INC., as Principal, (hereinafter designated as the "Contractor"), and SAFECO INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the City of Carlsbad in the sum of Four Million Three Hundred Nine Thousand Three Hundred Dollars ($4,309,300), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 55 of 59 Pages August 2010 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 11TH AUGUST Executed by SURETY this. AUGUST 11TH day of .,20.11 day of..2011 CONTRACTOR: CCL CONTRACTING, INC. (name of Contractor) By: (sign here) THOMAS CARMICHAEL (print name here) PRESIDENT SURETY: SAFECO INSURANCE COMPANY OF AMERICA (name of Surety) ATTN: SURETY CLAIMS DEPARTMENT 1001 4TH AVENUE, SUITE 1700 SEATTLE, WA 98154 (address of Surety) 818/956-4200 (telephone number of Surety) i By:_ ( IL^i (Title and Organization of Signatory) By: BRYAN LUSKY (sign/we) JOHN G. MALONEY, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (print name here) SECRETARY (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page 56 of 59 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT:sasssssass!assss State of California County of SM DIEGO On un'before me MICHELLE M- BASUIL. NOTARY PUBLIC personally appeared THOMAS CARMICHAEL who proved to me on the basis of satisfactory evidence to be the person® whose name(s) is/aw subscribed to the within instrument and acknowledged to me that he/sibe/ttwy executed the same in his/her/ -their authorized capacity(iee), and that by his/hef#hetf signature® on the instrument the person®, or the entity upon behalf of which the person® acted, executed the instrument. MICHELLE M. COMM. #1862575 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyComm.Exp. AUG24.2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary ^^^^ OPTIONAL SECTION ••" OPTIONAL SECTION "™ CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL [X| CORPORATE OFFICER(S)PRESIDENT TITLE(S) fJPARTNER(S) [J LIMITED[J GENERAL DATTORNEY-IN-FACT QTRUSTEE(S) n GUARDIAN/CONSERVATOR n OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE - , / / /I I I !III CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State of California County of SAN DIEGO On before me, personally appeared MICHELLE M- BASUIL. NOTARY PUBLIC BRYAN LUSKY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aw- subscribed to the within instrument and acknowledged to me that he/ahc/thcy executed the same in his/her/ -their authorized capacity(ie9), and that by his/ber/thotf signature® on the instrument the person®, or the entity upon behalf of which the person(s) acted, executed the instrument. MICHELLE M. BASUIL COMM. #1862575 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyComm.Exp. AUG24.2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. — OPTIONAL SECTION ^™ CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL R CORPORATE OFFICER(S) SECRETARY TITLE(S) [JPARTNER(S) n LIMITED [J GENERAL DATTORNEY-IN-FACT QTRUSTEE(S) n GUARDIAN/CONSERVATOR [J OTHER: Signature of Notary —— OPTIONAL SECTION SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: I Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. JSSSSSS.>s«x-». TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 iSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS State of California County of SAN DIEGQ ) On 8/11/2011 personally appeared beforeme MICHELLE M. BASUIL. NOTARY PUBLIC JOHN G. MALONEY who proved to me on the basis of satisfactory evidence to be the person® whose name® is/are- subscribed to the within instrument and acknowledged to me that he/sfcothey executed the same in his/bee/ tbfiit authorized capacity(t«8), and that by his/her/their signature(s) on the instrument the person^e), or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ^™ OPTIONAL SECTION •— CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL G CORPORATE OFFICER(S) TITLE(S) fJPARTNER(S) G LIMITED[J GENERAL [UATTORNEY-IN-FACT DTRUSTEE(S) [J GUARDIAN/CONSERVATOR [J OTHER: MICHELLE M. BASUIL COMM. #1862575 NOTARY PUBUC-CAUFORNIA My (^"gSSTaoia fr WITNESS mvhand and official seaL -~J*^.**~sm^J~<s"\Sm*S***S^. Signature of Notary SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT . //• \II II I \ II \ I I \I I I SIGNER(S) OTHER THAN NAMED ABOVE - THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.4566644 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint JOHN G. MALONEY, HELEN MALONEY, MARK D. IATAROLA, DEBORAH D. DAVIS, ALL OF THE CITY OF ESCONDIDO, STATE OF CALIFORNIA .-=§ao Co *•JD C £o>O a, o •*IJ o o fc ^(D -i—i O w S>" o I o ra (0 ca> , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding TWENTY FIVE MILLION AND 00/100***** ****** DOLLARS {$ 25,000,000.00**************** ******) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 6th day of May , 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY ss SAFECO INSURANCE COMPANY OF AMERICA By Garnet W. Elliott, Assistant Secretary On this 6th day of May 2011 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREO first above written. CERTIFICATE have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year By _ Teresa Pastella, Notary Public n c_ O ml00) 1°!so-o oQ. nj ** O) llOJ.Q ° .tco••- 00c ItOo I, the undersigned, Assistant Secretary ;of Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article IV, Section 1 2 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 1 8th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my na AUGUST . 2011. xed the corporate seal of the said company, this_11TH day of David M Carey, Assistant Secretary OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and ; whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City 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 City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City 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 City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 57 of 59 Pages August 2010 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City 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 City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of .fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature. Address 1635 Faradav Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature. Address _ For Escrow Agent: Title Name Signature-. Address _ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page 58 of 59 Pages August 2010 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature. Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature Address _ For Escrow Agent:Title Name Signature. Address Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page 59 of 59 Pages Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements FORM 4 (Attachment B) PRIME CONTRACTOR/RECIPIENT SELECTED DISADVANTAGED BUSINESS ENTERPRISES (QBE) CONTRACT RECIPIENTS NAME PROJECT DESCRIPTION,** ^ \ ?«* *,»s CONTRACT NO. OR SPECIFICATION NO. PROJECT LOCATION PRIME CONTRACTOR INFORMATION NAME AND ADDRESS (Include ZIP Code, Federal Employer Tax ID #) /Gtg /*jj*s £,£Jf ^ A^f, £•# . PHONE '7/>(/ 7f ? ' "i1^ £ / AMOUNT OF CONTRACTS DBE INFORMATION 0*NONE* DDBE D SUBCONTRACTOR D JOINT VENTURE AMOUNT OF CONTRACT $ WORK TO BE PERFORMED DDBE D SUBCONTRACTOR D JOINT VENTURE AMOUNT OF CONTRACT $ WORK TO BE PERFORMED DDBE D SUBCONTRACTOR D JOINT VENTURE NAME AND ADDRESS (Include ZIP Code,) D SUPPLIER/SERVICE D BROKER PHONE NAME AND ADDRESS (Include ZIP Code,) D SUPPLIER/SERVICE D BROKER PHONE NAME AND ADDRESS (Include ZIP Code,) D SUPPLIER/SERVICE D BROKER AMOUNT OF CONTRACT $ WORK TO BE PERFORMED DDBE D SUBCONTRACTOR D JOINT VENTURE PHONE NAME AND ADDRESS (Include ZIP Code,) D SUPPLIER/SERVICE D BROKER AMOUNT OF CONTRACT $ WORK TO BE PERFORMED TOTAL DBE AMOUNT: SIGNATURE OF PERSON CO TITLE: y) &S/&T1 PHONE $ o MPLETING FORM: /^•^ '~J PI<^?E: ^7&0 ?¥*, 2&7 DATE: 6/1 /b-f- : 1 f. L L *Negative reports are required. ORIGINAL SIGNATURE AND DATE REQUIRED. Failure to complete and submit this form with the bid will cause the bid to be rejected as non-responsive. Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 PageBP- 31 Environmental Protection Agency Disadvantage*! Business Enterprise Program DBE Subcontractor Utilization Form NAME OF PRrttE BIDDER/PROPOSER PROJECT NAME X7 E-MAIL ADDRESS ADDRESS TELEPHONE nfp.7**%'FAXNO. The followinjg subcontractors1 will be used on this project: COMPANY NAAffi, ADDRESS, PHONE NUMBER, AND E-MAIL ADDRESS i )C*L- firb rW) •:fa fa fW /fe^ifK* &< ^ TYPE OF WORK TO BE PERFORMED /£ t$r>»^ + c*f ESTIMATE D DOLLAR AMOUNT /&j1# CURRENTLY CERTIFIED ASANMBE ORWBE? />sb I certify under penalty of perjury that the forgoing statements are true and correct In the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302<o).<7£/L^ £/?A SjgrtShjre Of PrarieJContractor Date /^^/ &SS&) S^&VJ**^ PrintNafoe f / Title / 'Subcontractor is'defined a« a company, firm, joint venture, or Individual who enters Into an agreement with a contractor to provide sivicM purauwit to an EPA award of financial aulitance. EPA FORM! 6100-4 (DBE Subcontractor Utilization Form) Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page EPA- 12 set Environmental Protection Agency Disadvantage*! Business Enterprise Program DBE Subcontractor Utilization Form NAME OF PRrire BIDDER/PROPOSER PROJECT NAME E-MAIL ADDRESS ADDRESS TELEPHONE P>ip.'7V V FAXNO. ThefoIIowin COMPANY NAft NUMBER, AND g subcontractors1 will be used on this project: fE. ADDRESS, PHONE B-MAIl ADDRESS . j / 4X5" fT"^/^^^-^, Jl/JP fet jpfcet-A^Q Art /Uu^&fl39\'>J; ^ TYPE OF WORK TO BE PERFORMED ^,//Cx^S»/2_ ESTIMATE D DOLLAR AMOUNT JoXsiU) CURRENTLY CERTIFIED ASANMBE ORWBE7 A» 1 certify under penalty of perjury that ft* forgoing statements are true and correct In the event of a replacement of it subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302(o). SjgrtStjjfe Of PtprteContractor Date Print Nafae ! / Title / 'Sobcontnct(>r la defiiwi u a company, firm, joint venture, or Individual who enters into an igreement with a contractor to provide seWices pursuant to an EPA award of financial assistance- EPA FORMI6IOO-4 (DBE Subcontractor Utilization Form) Buena Vista Lift Station Force Main (VC-4) August 2010 Contwct No. 55081 Page EPA- 12 Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form NAME OF FRrtff BIDDER/PROPOSER<4gxi PROJECT NAME E-MAIL ADDRESS ADDRESS TELEPHONE NJO.7^ ^ 'FAXNO.7-^3 Thefollowin COMPANY NAN NUMBER. AND r; j subcontractors1 will be used on this project: m. ADDRESS, PHONE !-MAIL ADDRESS TYPE OF WORK TO BE PERFORMED e^^. ESTIMATE D DOLLAR AMOUNT W CURRENTLY CERTIFIED ASANMBE ORWBE? W I certify under {penalty of perjury that the forgoing statements are true and correct In the event of a replacement of A subcontractor, I will adhere to the replacement requirements set form in 40 CFR Part 33 Section 33.302(cj). ^4r^ ^>// ."3O Print Name ! irte'toTitractor Date J Tide 1 *5ubcontntc4ir b'defined w a company, firm. Joint venture, or Individual who entea into an agreement wflh a coitU'jctpr to provide aeVvicet pumiant to an EPA award of financial anlftance. EPA FORMJ6>IOO-4 (DBE Subcontractor Utilizttion Form) Buena Vista Lift Station Force Main (VC-4) August 2010 Contfact No. 55081 Page EPA-12 Environmental Protection Agency Disadvantage*! Business Enterprise Program DBE Subcontractor Performance Form NAME OF CTOR1 ADDRESS TELEPH BID/PROPOSAL NO.ru&lJ-wvTi'i~ E-MAa ADDRESS PRIME CONTR kCTOR NAME «f?«tL.t_ CONTRACT i ITEM NO. certifies as an MBE or WBE under EPA's DBE Program? Yes ITEM OF WORK OR DESCRIPTION OF SERVICES BID TO PRIME PRICE OF WORK SUBMITTED TO PRIME CONTRACTOR Date No Print Name //Tifle Signature of Subcontractor Date Print Name Title w*^ 'Subcontractor js defined as a company, firm. Joint venture, or individual who enters into an agreement with a contractor to provide sendees pursuant » an EPA award of financial assistance. EPA FORM 61)00-3 (DBE Subcontractor Performance Form) Buena Vista Lift Station Force Main (VC-4) August 2010 Compact No. 55081 Page EPA-10 Environmental Protection Agency Disadvairtaged Business Enterprise Program DBE Subcontractor Performance Form NAME ffTRACTOR1 ADDRESS TELEPHONE Nt>. PRIME CONTRACTOR NAME FROJSCTNAME frt^&n TV "BID/PROPOSAL NO.V%s//-y3^7/^ E-MAIL ADDRESS CONTRACT ITEM NO, ITEM OF WORK OR DESCRIPTION OF SERVICES BID TO PRIME "£</&./>/>* PRICE OF WORK SUBMITTED TO PRIME CONTRACTOR MBE or WBE under EPA's DBE Program? Ye» Date No Print Name //Title Signature of Subcontractor Date Print Name Titie 'Subcontractor j$ defined as I company, firm, joint venture or individual who enters into an agreement with i contractor ID provide services pursuant to an EPA award of financial assistance. EPA FORM 6800-3 (DBE Subcontractor Performance Form) Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page EPA - 10 Environmental Protection Agency Disadvantage*! Business Enterprise Program DBE Subcontractor Performance Form 3 OF anB^oNTBJjtroR' BID/PROPOSAL NO./%5//-y3^7V E-MAIL ADDRESS PRIME CONTRACTOR NAME <£?«£_£_ CONTRACT ITEM NO. ITEM OF WORK OR DESCRIPTION OF SERVICES BID TO PRIME PRICE OF WORK SUBMIT! KU TO PRIME CONTRACTOR as an MBE or WBE under EPA's DBE Program? Yes Date Print Name Tide Signature of Subcontractor Date Print Name Titte 'SufccohMctor to provide rip defined asa vfca purtuaiil t company- fi"n. Joint venture, or individual who cnten into an agreement with a contractor uant to an EPA award of financial assistance; EPA FORM 61)00-3 (DBE Subcontractor Performance Form) Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page EPA - 10 Citv of Carlsbad Public Works - Contract Administration ApriM 1,2011 ADDENDUM NO. 1 RE: BUENA VISTA LIFT STATION FORCE MAIN (VC-4), BID NO. PWS11-43UTIL Please include this addendum in the Request for Bid package you have for the above project: This page—receipt acknowledged—must be attached to your bid when it is submitted. VVIS Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Signatur 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 CITY OF CARLSBAD BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 BID NO. PWS11-43UTIL Addendum No. 1 From: David Ahles, Project Manager Phone: (760)602-2748 Fax: (760) 602-8562 No. of Pages: 19 (including this page) Date: April 11, 2011 Bid Opening Date: May 25, 2011 2:00 pm (No Change) A. NOTICE INVITING BIDS, Pre Bid Meeting (Page 15 of 59), Change the following: Change first sentence from "... just south of State Route 76." to "...just south of State Route 78. B. CONTRACTOR'S PROPOSAL SCHEDULE "A" and "B" (Page 17 to 33 of 59), Change the following: Contractor may bid on Schedule "A" or Schedule "B" or both. Only one Schedule will be awarded. The basis of award will be the schedule with the lowest total amount of bid. (A new bid schedule is attached to this addendum and must be submitted as part of the bid). Contract No. 55081 Page 1 of 19 Pages Addendum No. 1 CITY OF CARLSBAD BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 CONTRACTOR'S PROPOSAL City Council City-of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, functional testing, start up services, temporary bypass facilities and services required to do all the work to complete Contract No. 55081 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE"A" CIPP REHABILITATION, NEW PARALLEL VC-4 FORCE MAIN, AND MODIFICATIONS TO BUENA VISTA LIFT STATION Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-1 Mobilization at Stipulated $125,000 $125,000 One hundred twenty-five Price thousand (Price in Words) A-2 Clearing & Grubbing at LS $ $ (Price in Words) A-3 Unclassified Excavation at 100CY (Unit Price in Words) Contract No. 55081 Page 2 of 19 Pages Addendum No. 1 Item No. A-4 Description Construction Schedule at Seven thousand five hundred Approximate Quantity And Unit Stipulated Price Unit Price (Figures) $7,500 (Price in Words) Total Amount (Figures) $7,500 A-5 Traffic Control at (Price in Words) A-6 Traffic Striping, Signing & Reflective Pavement Markers Marking at LS $ LS (Price in Words) A-7 Landscaping Restoration at LS A-8 (Price in Words) Erosion Control & SWPPP for Entire Project at LS . $ (Price in Words) A-9 24" HOPE SDR 11 Pipe OR 24" Fusible DR18 C905PVC Pipe (Force Main "A" STA 5+55 to STA 6+32 & Force Main "B" STA 5+55 to STA 5+79) either Complete with Ductile Iron Fittings, including Ductile Iron Tees at the Crossover Assembly, Trench, Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-02, C-06, &C-16) at 100 LF $ (Unit Price in Words) Contract No. 55081 Addendum No. 1 Page 3 of 19 Pages Item No. Description A-10 24" CIPP Lining of Existing DIP (Force Main "A" STA 6+32 to STA 29+75), Liner Sampling & Testing, Terminations, Pre- & Post- Installation Cleaning & Television Inspection, Testing of all Waste Material, Discharge Treatment, Sampling & Testing of Discharge Water, Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-02, C-03 & C-04) at Approximate Quantity And Unit 2400 LF $ Unit Price (Figures) Total Amount (Figures) $ (Unit Price in Words) A-11 24" HOPE SDR 11 Pipe OR 24" Fusible DR18 C905PVC Pipe Complete with Ductile Iron Fittings (Force Main "B" STA 5+79 to STA 29+75), Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-06, C-07, & C-08) at 2400 LF $ (Unit Price in Words) A-12 24" Dual HOPE SDR 11 Pipe OR 24" Dual Fusible DR18 C905 PVC Pipe Either Complete with Ductile Iron Fittings (Force Main "A" STA 29+75 to STA 37+43 & Force Main "B" STA 29+75 to STA 37+61), Trench, Excavation, Backfill, Bedding, & Pavement Restoration (see Drawings C-04, C-05, C-08, & C-09) at 1550LF (775 LF Each Force Main) (Unit Price in Words) Contract No. 55081 Addendum No. 1 Page 4 of 19 Pages Item No. Description A-13 24" Ductile Iron Pipe (Force Mains "A" & "B"), Pipe Supports, Seismic Bracing, Fittings, Excavation, Backfill, & Bedding at Jefferson Street Bridge (see sheets C-10 & C-11)at Approximate Quantity And Unit LS Unit Price (Figures) Total Amount (Figures) $ (Price in Words) A-14 24" HOPE SDR 11 Pipe OR 24" Fusible DR 18 C905 PVC Pipe Complete with Ductile Iron Fittings (Force Main "A" STA 39+86 to STA 40+54 & Force Main "B" STA 39+74 to STA 40+41), Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-05 & C-09) at 140 LF $ (Unit Price in Words) A-15 24" Ductile Iron Pipe, Complete In Place with Fittings, Pipe Supports & Appurtenances at Buena Vista Lift Station Yard Piping (see Sheet C-01) at 200 LF (Unit Price in Words) A-16 Lift Station Yard Improvements Including: Small Diameter Piping, Trench Drain, Storm Drain Inlet, Drainage Swale Improvements, Paving Replacement, & Fencing at LS $_ (Unit Price in Words) Contract No. 55081 Addendum No. 1 Page 5 of 19 Pages Item No. Description A-17 Demolition, Removal, and/or Salvage of Pipelines, Valves, Fittings, Conduits, & Materials Shown on Sheets D-01, D-02, C-04, C-08, C- 10, & C-11, Exclusive of ACP Pipe Removal & Disposal at Approximate Quantity And Unit LS Unit Price (Figures) Total Amount (Figures) $ (Unit Price in Words) A-18 ACP Pipe Removal at (Price in Words) A-19 24" Plug Valve Complete In Place at Buena Vista Lift Station & Jefferson Street West at (Unit Price in Words) A-20 16" Plug Valve Complete In Place at Buena Vista Lift Station at (Unit Price in Words) A-21 24" Magnetic Flow Meter Complete in Place at LS SEA SEA $$ 2EA $ (Unit Price in Words) A-22 Surge Relief Tank, Including Tank Supports & Foundation, Equipment Pad, & all Accessories, including Conduit, Air Piping, Supports, Level Instrumentation, Sight Glass, Misc. Valves at LS $ (Price in Words) Contract No. 55081 Addendum No. 1 Page 6 of 19 Pages Item No. Description A-23 Concrete Vault for Flow Meter with Traffic Rated Type 316 Stainless Steel Access Hatches at Approximate Quantity Unit Price And Unit (Figures) Total Amount (Figures) 2EA $$ (Unit Price in Words) A-24 Air & Vacuum Release Valves (Vent-O-Mat) at 4EA $ (Price in Words) A-25 Submersible Sump Pump at 1 EA $_ (Price in Words) A-26 Dewatering Including All LS $_ Eguipment, Permits & Labor at (Price In Words) A-27 Sheeting, Scaffolding, LS $. Shoring, & Bracing, Including All Labor, Equipment, & Submittals of Structural Design, Complete at (Price in Words) A-28 Hydrostatic testing, Including LS All Materials & Personnel Complete at (Price in Words) $_ Contract No. 55081 Addendum No. 1 Page 7 of 19 Pages Item No. Description A-29 Temporary Sewer Bypassing, Including Submission of Bypass Plans, Coordination with City & Agencies & Redundant Systems at Approximate Quantity Unit Price And Unit (Figures) Total Amount (Figures) LS $$_ (Price in Words) A-30 Replace 2 1/2" Water Line (Sch. 80 PVC / Sch. 40 Steel as Shown on Contract Drawings) Including Trenching, Excavation, Backfill, Paving & Landscape Restoration, Pipe Supports, Connections, Fittings, Valves, & Appurtenances at 700 LF (Price in Words) A-31 All Other Work to be done to Complete the Project but Not Specifically Listed in Bid Item A-1 Through A-30 at LS $ (Price in Words) Total amount of bid in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $ Price(s) given above are firm for 90 days after date of bid opening. Contract No. 55081 Addendum No. 1 Page 8 of 19 Pages SCHEDULE"B" REPLACEMENT OF EXISTING VC-4 FORCE MAIN, NEW PARALLEL VC-4 FORCE MAIN, AND MODIFICATIONS TO BUENA VISTA LIFT STATION Item No. B-1 Description Mobilization at One hundred twenty-five thousand Approximate Quantity And Unit Stipulated Price Unit Price (Figures) $125,000 Total Amount (Figures) $125,000 (Price in Words) B-2 Clearing & Grubbing at (Price in Words) B-3 Unclassified Excavation at (Unit Price in Words) B-4 Construction Schedule at Seven thousand five hundred (Price in Words) B-5 Traffic Control at (Price in Words) B-6 Traffic Striping, Signing & Reflective Pavement Markers Marking at (Price in Words) B-7 Landscaping Restoration at (Price in Words) B-8 Erosion'Control & SWPPP for Entire Project at (Price in Words) LS Stipulated Price LS LS LS LS $ 100CY $ $ $7,500 $7,500 $_ Contract No. 55081 Addendum No. 1 Page 9 of 19 Pages Item No. Description B-9 24" HOPE SDR 11 Pipe OR 24" Fusible DR 18 C905 PVC Pipe (Force Main "A" STA 5+55 to STA 6+32 & Force Main "B" STA 5+55 to STA 5+79) either Complete with Ductile Iron Fittings, Including Ductile Iron Tees at the Crossover Assembly, Trench, Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-02, C-06, &C-16) at Approximate Quantity And Unit 100 LF Unit Price (Figures) Total Amount (Figures) $$ (Unit Price in Words) B-10 Remove Existing 24" DIP (Force Main "A" STA 6+32 to STA 29+75) & dispose Pipe Material Off Site (see Sheets C-02, C-03 & C-04) at 2400 LF $ (Unit Price in Words) B-11 24" HOPE SDR 11 Pipe OR 24" Fusible DR 18 C905 PVC Pipe with Ductile Iron Fittings (Force Main "C" STA 6+32 to STA 29+75), Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-02, C-03 & C-04) at 2400 LF $ (Unit Price in Words) Contract No. 55081 Addendum No. 1 Page 10 of 19 Pages Item No. Description B-12 24" HOPE SDR 11 Pipe OR 24" Fusible DR 18 C905 PVC Pipe with Ductile Iron Fittings (Force Main "B" STA 5+79 to STA 29+75), Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-06, C-07, & C-08) at Approximate Quantity And Unit 2400 LF $ Unit Price (Figures) Total Amount (Figures) $ (Unit Price in Words) B-13 24" Dual HOPE SDR 11 Pipe OR 24" Dual Fusible DR 18 C905 PVC Pipe with Ductile Iron Fittings (Force Main "A" STA 29+75 to STA 37+43 & Force Main "B" STA 29+75 to STA 37+61), Trench, Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-04, C-05, C-08, & C-09) at 1550LF (775 LF Each Force Main) (Unit Price in Words) B-14 24" Ductile Iron Pipe (Force Mains "A" & "B"), Pipe Supports, Fittings, Excavation, Backfill, & Bedding at Jefferson Street Bridge (see Sheets C-10 & C- 11) at LS $_ (Price in Words) Contract No. 55081 Addendum No. 1 Page 11 of 19 Pages Item No. Description B-15 24" HOPE SDR 11 Pipe OR 24" Fusible DR18 C905PVC Pipe Complete with Ductile Iron Fittings (Force Main "A" STA 39+86 to STA 40+54 & Force Main "B" STA 39+74 to STA 40+41), Excavation, Backfill, Bedding, & Pavement Restoration (see Sheets C-05 & C-09) at Approximate Quantity And Unit 140 LF Unit Price (Figures) Total Amount (Figures) $ (Unit Price in Words) B-16 24" Ductile Iron Pipe, Complete In Place with Fittings, Pipe Supports & Appurtenances at Buena Vista Lift Station Yard Piping (see Sheet C-01) at 200 LF (Unit Price in Words) B-17 Litt Station Yard Improvements Including: Small Diameter Piping, Trench Drain, Storm Drain Inlet, Drainage Swale Improvements, Paving Replacement, & Fencing at LS (Unit Price in Words) B-18 Demolition, Removal,and/or Salvage of Pipelines, Valves, Fittings, Conduits, & Materials Shown on Sheets D-01,D-02,C-04, C-08, C- 10, & C-11, Exclusive of ACP Pipe Removal & Disposal at LS $ (Unit Price in Words) Contract No. 55081 Addendum No. 1 Page 12 of 19 Pages Item No. Description B-19 ACP Pipe Removal at Approximate Quantity Unit Price And Unit (Figures) (Price in Words) B-20 24" Plug Valve Complete In Place at Buena Vista Lift Station & Jefferson Street West at Total Amount (Figures) LS $ SEA $ $ (Unit Price in Words) B-21 16" Plug Valve Complete In Place at Buena Vista Lift Station at SEA $ (Unit Price in Words) B-22 24" Magnetic Flow Meter Complete in Place at 2EA $$ (Unit Price in Words) B-23 Surge Relief Tank, Including Tank Supports & Foundation, Equipment Pad, & All Accessories, Including Conduit, Air Piping, Supports, Level Instrumentation, Sight Glass, Misc. Valves at LS (Price in Words) B-24 Concrete Vault for Flow Meter with Traffic Rated Aluminum Access Hatches at 2EA $$ (Unit Price in Words) Contract No. 55081 Addendum No. 1 Page 13 of 19 Pages Item No. Description B-25 Air & Vacuum Release Valves (Vent-o-mat) at Approximate Quantity And Unit 2EA (Unit Price in Words) B-26 Submersible Sump Pump at 1 EA (Unit Price in Words) ~ B-27 Dewatering Including all LS Equipment, Permits & Labor at Unit Price (Figures) Total Amount (Figures) $ $ (Price In Words) B-28 Sheeting, Scaffolding, Shoring, & Bracing, Including All Labor, Equipment, & Submittals of Structural - Design, Complete at LS $ (Price in Words) B-29 Hydrostatic Testing, Including all Materials & Personnel Complete at LS (Price in Words) B-30 Temporary Sewer Bypassing, Including Submission of Bypass Plans, Coordination with City, Agencies & Redundant Systems at LS $_ (Price in Words) Contract No. 55081 Addendum No. 1 Page 14 of 19 Pages Item No. Description B-31 Replace 2 1/2" Water Line (Sch. 80 PVC / Sch. 40 Steel as Shown on Contract Drawings) Including Trenching, Excavation, Backfill, Paving & Landscape Restoration, Pipe Supports, Connections, Fittings, Valves, & Appurtenances at Approximate Quantity Unit Price And Unit (Figures) 700 LF Total Amount (Figures) $$ (Price in Words) B-32 All Other Work to be Done to Complete the Project but not Specifically Listed in Bid Item B-1 Through B-31 at LS (Price in Words) Total amount of bid in words for Schedule "B": Total amount of bid in numbers for Schedule "B": $ Price(s) given above are firm for 90 days after date of bid opening. Contractor may bid on Schedule "A" or Schedule "B" or both. Only one Schedule will be awarded. The basis of award will be the schedule with the lowest total amount of bid. Addendum(a) No(s)._ proposal. has/have been received and is/are included in this Contract No. 55081 Addendum No. 1 Page 15 of 19 Pages The Undersigned has carefully checked all of the above figures and understands that the City 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 City Council of the City of Carlsbad, the City 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 , classification which expires on , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Contract No. 55081 Page 16 of 19 Pages Addendum No. 1 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code Telephone No. (5) E-Mail (Street and Number) 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. City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No. Contract No. 55081 Addendum No. 1 Page 17 of 19 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2). (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business (Street and Number) City and State (5) Zip Code Telephone No. (6) E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Contract No. 55081 Page 18 of 19 Pages Addendum No. 1 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: Contract No. 55081 Page 19 of 19 Pages Addendum No. 1 of Carlsbad Public Works - Contract Administration May 13, 2011 ADDENDUM NO. 2 RE: BUENA VISTA LIFT STATION FORCE MAIN (VC-4), PROJECT NO.: 55081 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid. New date for bid opening is: June 9, 2011 Time remains the same: 2:00 p.m. This addendum-receipt acknowledged-must be included to your bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-4677 • FAX (76O) 602-8562 CITY OF CARLSBAD BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 BID NO. PWS11-43UTIL Addendum No. 2 From: David Ahles, Project Manager Phone: (760)602-2748 Fax: (760) 602-8562 No. of Pages: 2 (including this page) Date: May 16, 2011 Bid Opening Date: June 9, 2011 2:00 pm (New Date) A. NOTICE INVITING BIDS, (Page 12 of 59), Change the following: Change first sentence from "Until 2:OOPM on May 25, 2011..." to Until 2:OOPM on June 9, 2011..." B. TECHNICAL SPECIFICATION, SECTION 01010, Part 1.5 Coordination Requirements; Replace paragraph 3 with the following: "3. The Contractor shall prepare all work areas in Jefferson Street and along pipeline alignments for the Carlsbad Marathon on January 22, 2012. The Contractor shall provide a full width of road and a safe running surface to Carlsbad Marathon participants and cooperate with event organizers prior to the Marathon date. The road surface on January 22, 2012 shall have no abrupt edges, traffic plates or non uniform surfaces or hazards to Marathon Participants. Contractor shall coordinate preparation of the Marathon route with the Marathon organizers (InMotion, Inc., 6116 Innovation Way, Carlsbad, CA 92009, tel. 760-692-2900) and the City of Carlsbad prior to the January 22, 2012 date to assure that the Contractor's activities will not conflict with Marathon preparation or the Marathon event. Contractor shall make the site available for inspection by the City of Carlsbad by noon on January 20, 2011." Contract No. 55081 Page 1 of 2 Pages Addendum No. 2 C. TECHNICAL SPECIFICATION, SECTION 09961 Epoxy Linings and coatings. Replace the entire section dated August 2010 with the attached section dated May 2011, pages 09961 -1 through 5. D. TECHNICAL SPECIFICATION, SECTION 15062, Ductile Iron Pipe Replace the entire section dated August 2010 with the attached section dated May 2011, pages 15062 - 1 through 8. E. DRAWINGS D-02(Sheet 8 of 48), Change the following: Replace Note "Demo Exist Concrete Apron" to "Remove and replace as necessary to install new drain piping or damage during construction." F. DRAWINGSC-18(Sheet26of48), Change the following: Typical Trench Section Type 1: Delete 90% Relative Compaction, Replace 12" depth dimension for 95% Relative Compaction to "95% Relative Compaction shall be the entire Trench Zone depth." Typical Trench Section Type 2: Delete 90% Relative Compaction, Replace 12" depth dimension for 95% Relative Compaction to "95% Relative Compaction shall be the entire Trench Zone depth." Contract No. 55081 Page 2 of 2 Pages Addendum No. 2 SECTION 09961 EPOXY LININGS AND COATINGS PART 1 -- GENERAL 1.01 DESCRIPTION This section includes materials, application, and testing of one part, fusion bonded, heat cured, thermosetting, 100% solids epoxy linings and coatings on steel, cast iron, and ductile- iron equipment, such as valves, flexible pipe couplings, slide gates, and structural steel, and ductile-iron and steel pipe. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Coating Systems: 09900. B. Piping Systems: 15050. 1.03 SUBMITTALS A. Submit shop drawings in accordance with the Subsection 01300. B. Submit manufacturer's catalog literature and product data sheets, describing the physical and chemical properties of the epoxy lining and coating. Describe application and curing procedure. PART 2 - MATERIALS 2.01 PIPING AND EQUIPMENT SURFACES A. The Contractor shall require the equipment suppliers to provide equipment that is free of salts, oil, and grease to the coating applicator. B. The Contractor shall require pipe suppliers to provide bare pipe that is free of salts, oil, and grease to the coating applicator. 2.02 SHOP-APPLIED EPOXY LINING AND COATING A. Fusion-Bonded Epoxy Lining and coating shall be a 100% solids, thermosetting, fusion- bonded, dry powder epoxy resin: Scotchkote 134 or 206N, Lilly Powder Coatings "Pipeclad 1500 Red," H. B. Fuller 1F-3003, or equal. EPOXY LININGS BUENA VISTA LIFT STATION FORCE MAIN (VC-4) AND COATINGS MAY 2011 (Addendum No. 2) 09961 -1 B. Two-Part Epoxy Lining shall be an amine cured novalac epoxy containing 20% by volume ceramic quartz pigment: Protecto 401 or equal. C. Two-Part Epoxy coating shall be amine cured novalac epoxy containing 99% solids, solvent free applied: Ceramawrap epoxy or equal. D. Epoxy lining and coating shall meet or exceed the following requirements: Hardness (minimum) Barcol 17 (ASTM D 2583) Rockwell 50 ("M" scale) Abrasion resistance 1,000 cycles: 0.05 gram removed (maximum value) 5,000 cycles: 0.115 gram removed ASTM D 1044, Tabor CS 17 wheel, 1,000-gram weight Adhesion (minimum) 3,000 psi (Elcometer) Tensile strength 7,300 psi (ASTM D 2370) Penetration 0 mil (ASTM G 17) Adhesion overlap shear, 1/8- 4,300 psi, ASTM D 1002 inch steel panel, 0.010 glue line Impact (minimum value) 100 inch-pounds (Gardner 5/8-inch diameter tup) 2.03 FIELD-APPLIED EPOXY COATING FOR PATCHING Use a two-component, 80% solids liquid resin, such as Scotchkote 306, Protecto Joint Compound or equal. 2.04 PAINTING AND COATING OF GROOVED-END AND FLEXIBLE PIPE COUPLINGS Line and coat couplings the same as the pipe. Color shall match the color of the pipe coating. PART 3 ~ EXECUTION 3.01 SHOP APPLICATION OF EPOXY LINING AND COATING-GENERAL A., Grind surface irregularities, welds, and weld spatter smooth before applying the epoxy. The allowable grind area shall not exceed 0.25 square foot per location, and the maximum total grind area shall not exceed 1 square foot per item or piece of equipment. Do not use any item, pipe, or piece of equipment in which these requirements cannot be met. EPOXY LININGS BUENA VISTA LIFT STATION FORCE MAIN (VC-4) AND COATINGS MAY 2011 (Addendum No. 2) 09961-2 B. Remove surface imperfections, such as slivers, scales, burrs, weld spatter, and gouges. Grind outside sharp corners, such as the outside edges of flanges, to a minimum radius of 1/4 inch. C. Uniformly preheat the pipe, item, or piece of equipment prior to blast cleaning to remove moisture from the surface. The preheat shall be sufficient to ensure that the surface temperature is at least 5°F above the dew point temperature during blast cleaning and inspection. D. Sandblast surfaces per SSPC SP-5. Protect beveled pipe ends from the abrasive blast cleaning. E. Apply a phosphoric acid wash to the pipe, item, or piece of equipment after sandblasting. The average temperature, measured in three different locations, shall be 80°F to 130°F during the acid wash procedure. The acid wash shall be a 5% by weight phosphoric acid solution. The duration in which the acid is in contact with the surface shall be determined by using the average temperature as tabulated below: Contact Time Pipe Temperature (°F) (seconds) 80 52 85 45 90 36 95 33 100 28 105 24 110 21 130 10 After the acid wash has been completed, remove the acid with demineralized water having a maximum conductivity of 5 micromhos/cm at a minimum nozzle pressure of 2,500 psi. E. Fusion-bonded epoxy lining and coating. Apply lining and coating by the electrostatic spray or fluidized bed process. Minimum thickness of lining or coating shall be 15 mils. Heat and cure per the epoxy manufacturer's recommendations. The heat source shall not leave a residue or contaminant on the metal surface. Do not allow oxidation of surfaces to occur prior to coating. Do not permit surfaces to flash rust before coating. F. Two- part epoxy lining. Apply minimum 40 mils dry film thickness. Apply material and cure in accordance with the Manufacturer's recommendations. G. Two-part epoxy coating. Apply mimimum 25 mils dry film thickness. Apply material and cure in accordance with the Manufacturer's recommendations. EPOXY LININGS BUENA VISTA LIFT STATION FORCE MAIN (VC-4) AND COATINGS MAY 2011 (Addendum No. 2) 09961 -3 3.02 SHOP APPLICATION OF FUSION-BONDED EPOXY LINING AND COATING TO PIPE-ADDITIONAL REQUIREMENTS A. Apply lining and coating per AWWA C213 except as modified herein. B. Grind 0.020 inch (minimum) off the weld caps on the pipe weld seams before beginning the surface preparation and heating of the pipe. 3.03 QUALITY OF LINING AND COATING APPLICATIONS The cured lining or coating shall be smooth and glossy, with no graininess or roughness. The lining or coating shall have no blisters, cracks, bubbles, underfilm voids, mechanical damage, discontinuities, or holidays. 3.04 FACTORY TESTING OF COATING-GENERAL A. Test linings and coatings with a low-voltage wet sponge holiday detector. Test pipe linings and coatings per AWWA C213, Section 5.3.3. If the number of holidays or pinholes is fewer than one per 20 square feet of coating surface, repair the holidays and pinholes by applying the coating manufacturer's recommended patching compound to each holiday or pinhole and retest. If the number of pinholes and holidays exceeds one per 20 square feet of coating surface, remove the entire lining or coating and recoat the item or pipe. B. Measure the coating thickness at three locations on each item or piece of equipment or pipe section using a coating thickness gauge calibrated at least once per eight-hour shift. Record each measured thickness value. Where individual measured thickness values are less than the specified minimum thickness, measure the coating thickness at three additional points around the defective area. The average of these measurements shall exceed the specified minimum thickness value, and no individual thickness value shall be more than 2 mils below or 3 mils above the specified minimum value. If a section of the pipe, item, or piece of equipment does not meet these criteria, remove the entire lining or coating and recoat the entire item or piece of equipment. 3.05 FACTORY TESTING OF LINING AND COATING OF PIPE-ADDITIONAL REQUIREMENTS Check for coating defects on the weld seam centerlines. There shall be no porous blisters, craters, or pimples lying along the peak of the weld crown. 3.06 FIELD REPAIRS EPOXY LININGS BUENA VISTA LIFT STATION FORCE MAIN (VC-4) AND COATINGS MAY 2011 (Addendum No. 2) 09961 -4 Patch scratches and damaged areas incurred while installing fusion bonded epoxy coated items with a two-component, 80% solids (minimum), liquid epoxy resin. Wire brush or sandblast the damaged areas per SSPC SP-10. Lightly abrade or sandblast the coating or lining on the sides of the damaged area before applying the liquid epoxy coating. Apply a two-part epoxy coating to defective linings and coatings to areas smaller than 20 square inches. Patched areas shall overlap the parent or base coating a minimum of 0.5 inch. If a defective area exceeds 20 square inches, remove the entire lining and coating and recoat the entire item or piece of equipment. Apply the liquid epoxy coating to a minimum dry-film thickness of 15 mils. ** END OF SECTION ** EPOXY LININGS BUENA VISTA LIFT STATION FORCE MAIN (VC-4) AND COATINGS MAY 2011 (Addendum No. 2) 09961-5 SECTION 15062 DUCTILE IRON PIPE PART 1-GENERAL 1.01 DESCRIPTION A. SCOPE: This section specifies ductile iron pipe, ductile fittings and gaskets. B. DEFINITION: Where cast iron pipe is specified, the term and symbol shall mean ductile iron pipe. 1.02 REFERENCES This section contains references to the following documents. They are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly, hi the event of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid (or on the effective date of the Agreement if there were no Bids). If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued or replaced. Reference Title ANSI A21.14 ANSI A21.52 ANSI B 16.1 ANSIB16.5 ASTMA716 ASTMC150 Ductile-Iron Fittings 3 In. Through 24 In., for Gas Ductile-Iron Pipe, Centrifugally Cast, in Metal Molds or Sand Lined Molds for Gas Cast Iron Pipe Flanges and Flanged Fittings Class 25, 125, 250, and 800 Pipe Flanges and Flanged Fittings Ductile-Iron Culvert Pipe Portland Cement BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DUCTILE IRON PIPE MAY 2011 (Addendun No. 2) 15062-1 Reference Title AWWAC104 (ANSI A21.4) AWWAC110 (ANSI A21.10) AWWAC111 (ANSIA21.il) AWWAC115 (ANSI A21.15) AWWAC150 (ANSI A21.50) AWWAC151 (ANSI A21.51) AWWAC153 (ANSI A21.53) AWWA C600 AWWA C606 Cement-Mortar Lining for Ductile- Iron and Gray-Iron Pipe and Fittings for Water Ductile-Iron and Gray-Iron Fittings, 3 In. Through 48 In., for Water and Other Liquids Rubber-Gasket Joints for Ductile- Iron and Gray-Iron Pressure Pipe and Fittings Flanged Ductile-Iron and Gray-Iron Pipe With Threaded Flanges Thickness Design of Ductile-Iron Pipe Ductile-Iron Pipe, Centrifugally Cast, in Metal Molds or Sand-Lined Molds, for Water or Other Liquids Ductile-Iron Compact Fittings, 3 In. Through 12 In. for Water and Other Liquids Installation of Ductile-Iron Water Mains and Their Appurtenances Grooved and Shouldered Type Joints PART 2 - PRODUCTS 2.01 GENERAL Pipe design, materials and manufacture shall comply with the following documents: Item Thickness design Manufacturing requirements Water or other liquid Gas Gravity service pipe Joints Rubber gasket Threaded flange Fittings Water or other liquid Gas Cement mortar lining Document AWWA C150 AWWAC151 ANSI A21.52 ASTMA716 AWWA Clll AWWA Cl 15 AWWA C110/AWWA C153 ANSIA21.14 AWWAC104 BUENA VISTA LIFT STATION FORCE MAIN (VC-4) MAY 2011 (Addendun No. 2) DUCTILE IRON PIPE 15062-2 2.02 PIPE Unless otherwise specified, ductile iron pipe shall be Class 50 and have nominal laying lengths of 18 or 20 feet. For grooved-end pipe, wall thickness shall be minimum Class 53 except where the specified pressure requires heavier pipe. 2.03 GASKETS Unless otherwise specified, gasket stock shall be a synthetic rubber compound in which the elastomer is nitrile or neoprene. The compound shall contain not less than 50 percent by volume nitrile or neoprene and shall be free from factice, reclaimed rubber and other deleterious substances. Gaskets shall, in addition, comply with AWWA Cl 11 for push-on and mechanical joints and with AWWA C606 for grooved end joints. 2.04 FITTINGS Unless otherwise specified, fittings shall conform to AWWA Cl 10. Ends shall be flanged, restrained mechanical joint, restrained push-on, or grooved to suit the conditions specified. Fasteners and washers shall be 316 stainless steel. The AWWA C153 compact ductile iron fittings in sizes 3 through 12 inches are an acceptable substitute for standard fittings unless otherwise specified. Long-radius elbows shall be provided where specified. Grooved end fittings shall comply with paragraph 15050-1.02 B. 2.05 JOINTS A. UNRESTRAINED JOINTS: 1. PUSH-ON JOINTS: Unrestrained joints, where specified, shall be the rubber ring compression, push-on type joint suitable for buried service. Unrestrained joints shall be the Fastite Joint as manufactured by American Cast Iron Pipe Company, the Tyton Joint as manufactured by U.S. Pipe, or equal. This joint is not permitted on fittings or specials, unless otherwise specified. Unless otherwise specified, joints shall have an allowable deflection up to 5 degrees at specified pressures. Joint assembly and field cut joints shall be made in strict conformance with AWWA C600 and manufacturer's recommendations. 2. MECHANICAL JOINTS: Where specified, mechanical joints for above or below ground service shall meet the requirements of ANSI/AWWA A21.10/C110 and ANSI/AWWA A21.11 /C111. Gaskets and bolts and nuts shall comply with paragraphs 15062-2.03 and 2.05 D, respectively. BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DUCTILE IRON PIPE MAY 2011 (Addendun No. 2) 15062-3 B. RESTRAINED JOINTS: 1. GENERAL: Unless otherwise specified, restrained joints are required for all exposed and buried piping. Unless otherwise specified, restrained joints shall be flanged or grooved end for exposed service and restrained push-on for buried service. 2. PUSH-ON JOINTS: Restrained push-on joints shall be as specified in paragraph 15062-2.05 A.I., modified for restraint. Joints shall be the Flex-Ring or Lok-Ring Joint as manufactured by American Cast Iron Pipe Company, TR Flex Joint as manufactured by US Pipe, or equal. Restrained joints shall be capable of being deflected after full assembly. Joint assembly shall be in strict conformance with AWWA C600 and manufacturer's recommendations. No field cuts of restrained pipe are permitted without prior approval of the Engineer. 3. FLANGE ASSEMBLIES: Unless otherwise specified, flanges shall be ductile iron and shall be threaded-on flanges conforming to ANSI/AWWA A21.15/C115 or cast-on flanges conforming to ANSI/A WWA A21.10/C110. Flanges shall be adequate for 250 psi working pressure. Bolt circle and bolt holes shall match those of ANSI B16.1, Class 125 flanges and ANSI B16.5, Class 150 flanges. Where specified, flanges shall be threaded-on or cast-on flanges conforming to ANSI B16.1, Class 250. Unless otherwise specified, bolts and nuts for flange assemblies shall conform with paragraph 15085-2.01 C. Gaskets shall be as specified in paragraph 15085-2.01 B. 4. MECHANICAL JOINTS: Where specified, restrained mechanical joints shall be the positive restraint type. Mechanical joints with retainer glands are not acceptable. Locked mechanical hydrant tees, bends and adapters are an acceptable substitute for anchoring fire hydrants and valves to the pipe main. C. BALL AND SOCKET FLEXIBLE JOINT PIPE: Ball and socket flexible joint pipe shall be the boltless type and shall allow a maximum joint deflection of 15 degrees. Each joint shall be provided with a retainer lock to prevent rotation after assembly. Joints shall be the Flex-Lok Joint as manufactured by American Cast Iron Pipe Company, USIflex as manufactured by U.S. Pipe, or equal. D. BOLTS AND NUTS: Corrosion-resistant bolts and nuts for use with ductile iron joints shall be high-strength, low- alloy steel as specified in ANSI/A WWA Cl 11/A21.11. BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DUCTILE IRON PIPE MAY 2011 (Addendun No. 2) 15062-4 2.06 PIPE COATING Unless otherwise specified, pipe shall be either fusion-bonded epoxy coated, as specified in Section 09961, and petroleum wax tape wrapped as specified in Section 09902, or factory applied 2-part epoxy coated as specified in Section 09961 and petroleum wax tape as specified in Section 09902. Unless otherwise specified, all fittings shall be fusion-bonded epoxy coated as specified in Section 09961 and petroleum wax tape wrapped as specified in Section 09902. 2.07 PIPE LINING A. EPOXY LINING: Unless otherwise specified, pipe shall be lined with fusion-bonded epoxy material or factory applied 2 part epoxy as specified in Section 09961. Unless otherwise specified, fittings shall lined with fusion-bonded epoxy material as specified in Section 09961. B. CEMENT MORTAR LINING: Where specified, interior surfaces of pipe and fittings shall be cement mortar lined in accordance with AWWA C104. Cement shall be ASTM C150, Type II or V, low alkali, containing less than 0.60 percent alkalies. C. GLASS LINING: Where specified, pipe and fittings shall be glass lined with a dual layer coating system of vitreous material to a minimum thickness of 10 mils. Glass lining shall provide continuous coverage as tested by a low voltage holiday detector with only isolated voids permitted due to casting anomalies. Voids, other than isolated pinholes, shall be cause for rejection. Ductile or cast iron pipe shall be bored, machined, or grit blasted to remove any voids, protrusions or surface irregularities to obtain a smooth continuous surface for glass lining. Pipe shall be at least Class 53 on diameters of 6 inches or greater except for pipe to be bored or machined which shall be of a suitable wall thickness to assure boring or machining will not impair minimum wall thickness required for Class 53. Four-inch pipe shall be Class 56. Fittings shall be ground or grit blasted to remove any voids, protrusions or surface irregularities. Glass lining shall be Ferrock MEH-32, Vitco SG-14, or equal. 2.08 POLYETHYLENE ENCASEMENT Polyethylene encasement shall be used for all ferrous metal materials that are not protected with annodes. A. Polyethylene wrap shall be used for the protection of buried valves in conjunction with wax tape. BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DUCTILE IRON PIPE MAY 2011 (Addendun No. 2) 15062-5 B. Polyethylene sleeves shall be used for the protection of buried ductile iron pipe and fittings. Where the use of a sleeve is not practical, the fittings may be wrapped. Additionally, all bolted connections shall be coated with wax tape in accordance with Section 09902. C. Polyethylene encasement shall be as indicated below. Polyethylene materials shall be kept out of direct sunlight exposure. 1. Polyethylene sleeves shall be a minimum 0.012" thick polyethylene plastic in accordance with AWWA C105. 2. Polyethylene wrap shall be a minimum 0.008" thick polyethylene plastic in accordance with AWWA C105. 3. Polyethylene wrap and sleeves shall be clear for use with potable water and purple for use with recycled water. 4. Polyethylene or vinyl adhesive tape a minimum of 2" wide or plastic tie straps shall be used to secure polyethylene encasement. 2.09 PRODUCT DATA The following information shall be provided in accordance with Section 01300: 1. Shop drawings. 2. Alignment drawings. 3. Certifications specified in the following documents: ANSI A21.14, paragraph 14-4.2 ANSI A21.52, paragraph 52-4.2 ASTM A716, paragraph 4.2 AWWA C110, paragraph 10-5.3 AWWA C111, paragraph 11-7.1 AWWA Cl 15, paragraph 15-4.2 AWWA C151, paragraph 51-5.2 AWWA C153, paragraph 53-6.3 AWWA C606, paragraph 4.1.1.1 BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DUCTILE IRON PIPE MAY 2011 (Addendun No. 2) 15062-6 PART 3 - EXECUTION 3.01 INSTALLATION A. GENERAL: Piping runs specified on the drawings shall be followed as closely as possible. Proposed deviations shall be submitted in accordance with Section 01300. Pipe shall be installed in accordance with AWWA C600. Connections to existing structures and manholes shall be made so that the finished work will conform as nearly as practicable to the requirements specified for the new manholes, including necessary concrete work, cutting and shaping. Concrete mortar shaping within any structure and manhole shall be as specified. B. INSULATING SECTIONS: Where a metallic nonferrous pipe or appurtenance is connected to ferrous pipe or appurtenance, an insulating section shall be provided as specified in paragraph 15085-3.05. C. ANCHORAGE: Anchorage shall be provided as specified. Calculations and drawings for proposed alternative anchorage shall be submitted in accordance with Section 01300. D. POLYETHYLENE ENCASEMENT Polyethylene encasement shall completely encase and cover all buried metal surfaces not otherwise protected with a cathodic protection system. All bolted connections shall be coated with wax tape prior to polyethylene encasement. Pipe & Fittings: All ductile-iron pipe and fittings shall be encased with polyethylene sleeves in accordance with Method A described in AWWA C105, except that tees may be encased with polyethylene wrap in accordance with Method C described in AWWA C105. Valves: Buried valves shall have only the stem and operating nut exposed and the wrap shall be attached so that valve operation will not disturb the wrapping or break the seal. Refer to the applicable valve specification to determine other coating requirements. Polyethylene sleeves shall be secured with polyethylene or vinyl adhesive tape or plastic tie straps at the ends and quarter points along the sleeve in a manner that will hold the sleeve securely in place during backfill. Polyethylene wrap shall be secured with polyethylene or vinyl adhesive tape in a manner that will hold the wrap securely in place during backfill. BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DUCTILE IRON PIPE MAY 2011 (Addendun No. 2) 15062-7 3.02 ACCEPTANCE TESTING Hydrostatic pressure tests shall be conducted in accordance with Section 4 of AWWA C600 except that test pressures and allowable leakage shall be as listed in Section 15050. The Contractor shall conduct the tests in the presence of the Engineer. END OF SECTION BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DUCTILE IRON PIPE MAY 2011 (Addendun No. 2) 15062-8 of Carlsbad Public Works - Contract Administration May 26, 2011 ADDENDUM NO. 3 RE: BUENA VISTA LIFT STATION FORCE MAIN (VC-4) BID NO. PWS11-43UTIL, CONTRACT NO. 55081 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. DAVIS Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 CITY OF CARLSBAD BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CONTRACT NO. 55081 BID NO. PWS11-43UTIL Addendum No. 3 From: David Ahles, Project Manager Phone: (760)602-2748 Fax: (760) 602-8562 No. of Pages: 1 (including this page) Date: May 26, 2011 Bid Opening Date: June 9, 2011 2:00 pm (No Change) A. NOTICE INVITING BIDS, Section: Bid Documents, page 13 of 59. Add the following to Item 13 Environmental Protection Agency Forms, "including Certification Regarding Lobbying". B. APPENDIX E, Add the following: EPA form 6600-06 Certification Regarding Lobbying, (included in this addendum). C. TECHNICAL SPECIFICATION, SECTION 02315 Sanitary Sewer Rehabilitation Using Cured-in-Place, Pipe (CIPP) Method Replace the entire section dated August 2010 with the attached section dated May 2011 labeled Addendum No. 3, pages 02315 -1 through 21. D. TECHNICAL SPECIFICATION, SECTION 15100 Valves, General Replace the entire section dated August 2010 with the attached section dated May 2011 labeled Addendum No. 3, pages 15100-1 through 5. E. TECHNICAL SPECIFICATION, SECTION 15166 Wastewater Air Release and Vacuum Valves Replace the entire section dated August 2010 with the attached section dated May 2011 labeled Addendum No. 3, pages 15166-1 through 4. Contract No. 55081 Page 1 of 1 Pages Addendum No. 3 United States Environmental Protection Agency EPA Project Control Number CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Typed Name & Title of Authorized Representative Signature and Date of Authorized Representative EPA Form 6600-06 (Rev. 06/2008) Previous editions are obsolete. SECTION 02315 SANITARY SEWER REHABILITATION USING CURED-IN-PLACE PIPE (CIPP) METHOD PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: Rehabilitation of pipe by the cured-in-place (CIPP) method. B. System Description: Rehabilitate existing pipes by inserting a resin-impregnated flexible tube through the host pipe, inflating it to the inside diameter of the host pipe using low- head hydrostatic pressure, and curing the tube using heated water. C. This section provides general guidelines. Nothing contained herein shall relieve the Contractor from completing the CIPP pipe rehabilitation in the most feasible, efficient, highest quality, and safe manner, using required materials to the lines and grades of the sewers to be rehabilitated and to the requirements of this specification. D. Contractor shall supply all labor, materials, equipment and apparatus not specifically mentioned herewith or noted on the Plans, but which are incidental and necessary to complete the specified work. 1.02 QUALITY ASSURANCE A. REFERENCES: This section contains references to the following documents. They are a part of this section as specified and modified. In case of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. Reference Title ASTM D2990 ASTM D543 ASTM D638 ASTM D790 ASTM D883 ASTM D1600 Test Method for Tensile, Compressive and Flexural Creep and Creep- Rupture of Plastics Test Method for Resistance of Plastics to Chemical Reagents Test Method for Tensile Properties of Plastics Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials Definitions and Terms Relating to Plastics Terminology for Abbreviated Terms Relating to Plastics SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 1 Reference ASTMF412 ASTMF1216 Title Terminology Relating to Plastic Piping Systems Rehabilitation of Existing Pipelines and Conduits by Inversion and of a Resin Impregnated Tube Curing B. CIPP LINER SAMPLES: 1. SAMPLE PREPARATION: The Contractor shall prepare samples of the installed CIPP liner for subsequent testing of its physical properties. Samples shall be prepared and tested using the flat plate sampling method in accordance with the procedures in Section 8.1 of ASTM F1216. The samples will be constructed of the same materials (tube and resin/catalyst) as is used for that given liner installation. The flat plate sample shall be large enough to provide five sample specimens each for Short Term Flexural (Bending) properties and Tensile properties, as per ASTM D790 and ASTM D638 respectively. The sample will be clamped in a mold and placed in the downtube during the curing period of the CIPP tube. The samples shall be removed after all the water is removed from the cured pipe tube. The samples shall be identified by: Date, Project Name, Size, Thickness, Resin and Catalyst. Contractor shall split the liner samples with the construction manager who will keep one sample for future reference. 2. SAMPLE TESTING. The cured sample shall be tested by an independent testing laboratory, as recommended by the CIPP liner manufacturer and approved by the Engineer, for the bending and tensile properties, as per ASTM D790 and ASTM D638 respectively. Chain of custody documentation shall be required for the samples tracing their movement from the field to the testing lab. Final payment will not be made until test results are received. The Contractor shall be responsible for any deviation from the specified physical properties and those evaluated through testing. Failure to meet the specified physical properties will result in the CIPP liner being considered defective work which will be handled in accordance with the Contract. . The Contractor shall be responsible for all costs associated with the testing of the liner physical properties. 3. SAMPLING FREQUENCY: The above-stated sampling shall be performed for each separate installation of CIPP. For example: the Contractor shall provide two flat plate samples from each individual pipeline liner installed. 4. WALL THICKNESS: The wall thickness of the felt tube shall be ordered to the next standard 1.5 mm incremental thickness above the minimum calculated design thickness. Unless otherwise specified to provide for excess resin migration, the gap thickness of the wetting out equipment shall be sized to allow an excess of 5 to 10 percent resin to pass during impregnation. The minimum wall thickness shall be determined at a minimum of three locations on a cut section of the CIPP flat plate sample using a method of measurement accurate to the nearest 0.005 inch. The •<**«. • SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315-2 minimum value shall meet the requirements of ASTM F 1216, Appendix XI for fully deteriorated pipe. C. CIPP LINER HANDLING: Contractor shall exercise adequate care during transportation, handling and installation to ensure the CIPP material is not torn, cut, or otherwise damaged. If any part or parts of the CIPP material becomes torn, cut or otherwise damaged before or during insertion, it shall be repaired or replaced in accordance with the manufacturer's recommendations and approval by the Engineer before proceeding further; and at the Contractor's expense. D. CIPP LINER LABELING Each liner tube shall be labeled by the liner manufacturer with the location of the liner manufacturer, the name of the project, the liner thickness, the liner diameter, the liner length, and the location where it is to be installed. E. WARRANTY: The Contractor shall warrant the completed work against defect in workmanship and material for a period of one year. The Engineer, while not acting as quality control agent for the Contractor, shall be allowed to view and document any portion of this contract, including but not limited to verifying type and quantities of resin used at any point during this work. Testing for chemical resistance shall be performed on a previously prepared sample of the finished product, proposed for this project. A certified affidavit, signed by an officer of the company, shall be provided stating that the resin the tests apply to and the resin submitted for this project are the same. Finished and cured CIPP liner properties specified in Part 2 shall be tested as specified. Previous test data will not be acceptable. F. MANUFACTURER EXPERIENCE The manufacturer of the CIPP lining shall have a minimum of 100,000 linear feet of CIPP installed in the United States or Canada. G. CONTRACTOR EXPERIENCE The lining Contractor and/or the subcontractor, who will perform the actual CIPP work, must have previous successful experience in installation of the CIPP in sewers owned by public agencies or municipalities. The required experience shall include the following: 1. Contractor performing the lining of the sewer shall be licensed by one of the approved CIPP liner manufacturers. SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315-3 2. The CIPP Lining Contractor must have had at least 5 (five) years active experience in the commercial installation of CIPP products using the installation process specified in this document. The CIPP installation Contractor shall also have a minimum of 75,000 linear feet of successful wastewater collection system CIPP installations using the installation process specified in this document. Of that, the CIPP installation contractor shall have successfully installed a minimum of 25,000 linear feet of CIPP liner with a minimum diameter of 18-inches. Of that, at least one project shall be for lining within a pressure pipeline using the installation process specified in this document, hi addition, at least 50,000 linear feet of the above wastewater CIPP installations shall have been in successful service within the State of California for a minimum of five years. Acceptable documentation and at least three references which include a current contact for the project Owner supporting the above shall be included as part of the submittal. 3. The Contractor shall have at least one qualified superintendent on site at all times during CIPP construction activities. The superintendent shall have a minimum of three years of CIPP lining supervisory experience on projects totaling a minimum of 10,000 lineal feet of CIPP liner installation with a product bid on in either the United States or Canada. In addition, the superintendent must meet the following requirements: **" a. A minimum of 1,000 lineal feet of successful CIPP liner ""***'' installation on sewers 12-Inches or larger. b. A minimum of two successfully completed on-site wet out CIPP liner installations totaling a minimum of 2,000 lineal feet in the United States or Canada. At least one of the installations must involve at least 500 lineal feet of 12-inch or larger CIPP liner installed in one continuous operation. 4. If the Contractor plans to use over the hole wet-out, the Contractor experience shall also include at least two successful on site (over the hole) wet out CIPP installations involving a minimum of 1,000 feet of CIPP liner in pipe with inside dimension from the invert to the crown of the pipe 24-inch or greater. The experience must include at least one installation of a CIPP liner 24-inch or larger in height for continuous length of 500 LF involving on site (over the hole) wet out. The information submitted shall include pipe dimensions, length of installation, size of flow control required to perform the Work, name and telephone number of the pipe Owner and date of installation. The stated experience requirements for licensed Contractor or installation subcontractor have to be projects which used approved liner manufacturers. All reference experience shall be for the projects completed within the United States and Canada. SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 4 5. The information shall include the superintendent resume of projects. Each reference project shall include the Owner name, telephone number and contact person, date of installation, pipe size, pipe length, and flow control requirements. The Contractor shall submit the name(s) and qualifications for each scheduled superintendent for the project. It is required that the superintendents named are the superintendents assigned to the project and on site during construction. The Contractor is required to have at least one qualified superintendent on site at all times during construction activities. 6. All referenced experience shall be for projects completed within the United States or Canada. References will be checked. Contractor shall confirm that all references are active and that contact information is current. References that are inactive or contact information is not current shall be deemed non-responsive. 7. Installation Crew: At least one person other than the superintendent from the CIPP installation crew shall have a minimum of one year of CIPP experience totaling at least 2,000 LF of installed liner. The crew members experience must include a minimum of 1,000 LF of on site (over the hole) wet out installation on sewers 24-inch or larger. The crew member with listed qualifications must be on the project site during all installation activities. 8. Boiler Technician: Contractor shall provide the name of, and information on, the boiler technician who will perform the actual WORK. The boiler technician must have a minimum of two (2) projects totaling at least 1,000 LF of CIPP lining in which a similar position was held. 9. Lateral Cutter Technician: Contractor shall provide the name of, and information on, the technician who will perform the actual Work. The lateral cutter technician must have a minimum of two (2) projects totaling at least 1,000 LF of CIPP lining in which a similar position was held. 10. The final decision to accept or reject the product, manufacturer, and/or installer lies solely with the City of Carlsbad or their designated representative. The named Manufacturer, Field Superintendent, CIPP Installer, Lateral Cutter, and Boiler Technician must be employed to perform the Work, unless changes are specifically authorized by the City of Carlsbad. H. LINER SAMPLING: l. SAMPLE PREPARATION: The Contractor shall prepare samples of the installed CIPP liner for subsequent testing of its physical properties. Samples shall be prepared and tested using the flat plate sampling method in accordance with the procedures in Section 8.1 of ASTM F1216. The sample will be constructed of the same materials (tube and resin/catalyst) as is used for that given liner installation. SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315-5 The flat plate sample shall be large enough to provide five sample specimens each for Short Term Flexural (Bending) properties as per ASTM D790 and ASTM D638 respectively. The sample will be clamped in a mold and placed in the down-tube during the curing period of the CIPP tube. The samples shall be removed after all the water is removed from the cured pipe tube. The samples shall be identified by: Date, Project Name, Size, Thickness, Resin and Catalyst. 2. SAMPLE TESTING: The cured sample shall be tested by an independent testing laboratory, as recommended by the CIPP liner manufacturer and approved by the Engineer, for the bending properties, as per ASTM D790 and ASTM D638 respectively. The Contractor shall provide liner test results for long-term properties in accordance with ASTM D2990. Final payment will not be made until test results are received. The Contractor shall be responsible for any deviation from the specified physical properties and those evaluated through testing. Failure to meet the specified physical properties will result in the CIPP liner being considered defective Work. Contractor shall correct all defective Work to the satisfaction of Engineer at no additional cost to the Contract Amount or the City of Carlsbad. The Contractor shall be responsible for all costs associated with the testing of the liner physical properties 3. SAMPLING FREQUENCY: The above-stated sampling shall be performed for each separate installation of CIPP. Example: one flat plate sample from each individual pipeline liner installed. 4. WALL THICKNESS: The wall thickness of the felt tube shall be ordered to the next standard 1.5 mm incremental thickness above the minimum calculated design thickness. Unless otherwise specified to provide for excess resin migration, the gap thickness of the wetting out equipment shall be sized to allow an excess of 5 to 10 percent resin to pass during impregnation. The minimum wall thickness shall be determined at a minimum of three locations on a cut section of the CIPP lining using a method of measurement accurate to the nearest 0.005 inch. I. LINER HANDLING: Contractor shall exercise adequate care during transportation, handling and installation to ensure liner material is not torn, cut, exposed to direct sunlight, or otherwise damaged. If any part or parts of the liner material becomes torn, cut or otherwise damaged before or during insertion, it shall be repaired or replaced before proceeding further and at the Contractor's expense. The Contractor shall install liner at acceptable temperatures per the manufactures so to ensure no reaction to the liner during installation. Any damage to the liner shall be the Contractor's responsibility and the City of Carlsbad shall not accrue any additional cost. J. WARRANTY: All materials supplied under this section shall be warranted for a period of 3-years by the manufacturer and the Contractor. Warranty period shall commence upon formal acceptance of the proj ect by the Engineer. SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 6 The materials shall be warranted to be free from defects in workmanship, design and materials. If the materials should fail during the warranty period, it shall be replaced or restored to service at no expense to the City of Carlsbad. The manufacturer's warranty period shall run concurrently with the Contractor's warranty period. No exception to this provision shall be allowed. K. FINISHED LINER: The finished liner shall be continuous over the entire length of the liner insertion run between the designated manholes and shall be free from visual defects such as foreign inclusions, dry spots, pinholes, and delamination. L. WRINKLES: Wrinkles in the finished liner pipe which cause a deformity of 1.0 inch or more and do not follow the surface of the cleaned pipe wall parallel to the pipe flow line are unacceptable and shall be removed and repaired by the Contractor at the Contractor's expense. Wrinkles in the finished liner pipe that reduce the structural stability of the pipe are unacceptable. Any wrinkle shall be free of felt with in the wrinkle. If a void between the wrinkle and the pipe exists, the Contractor shall repair and replace that section of the pipe at the Contractor's expense. Methods of repair shall be proposed by the Contractor and submitted to the Engineer for review and approval. 1.03 SUBMITTALS Prepare and submit in accordance with Section 01300. A. Product Data: 1. Information on CIPP materials, including lining material and resins. B. Construction Details: 1. CIPP Manufacturer's recommended storage procedures, resin application, curing process details and cure schedules (including heat up, hold and cool down cycles and temperature control for each diameter and CIPP thickness). 2. Trimming and finishing at closure sections. 3. Details and methods of closure or termination sections. Documentation describing methods, equipment and materials used to cut the liner for reinstatement, • seal the connection between the rehabilitated sewer main and the reinstated point to prevent sewage tracking between the CIPP and the host pipe. SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315-7 4. Safety systems associated with the proposed heating equipment and boiler management operational safety systems for use with the cure process. C. Calculations: Engineering calculations for the design of the liner thickness for both internal and external loading parameters. Design calculations shall be prepared and approved by a Registered Civil Engineer in the State of California. Liner design calculations shall be supported by field analysis, technical assumptions, requirements of these Specifications and ASTM F1216, Appendix XI.3.2. The detailed calculations shall provide the input data as well as the actual calculations for ASTM F1216, Appendix XI - equations Xl.l, X1.3, X1.4, X1.7. The design submittal shall clearly identify the physical properties used for the design. D. During the curing process, keep logs, charts and/or graphs of the liner temperatures at the specified locations to ensure that proper temperatures and cure times have been achieved. E. Certifications and Testing: 1. Certification from the CIPP manufacturer that the resin/catalyst and tube material, complied with the required application, meets the intended service condition and complies with the physical requirements. 2. Literature and background information on the independent third party testing laboratory proposed for testing the physical properties of the installed pipe. 3. Manufacturer's certification that lining material is manufactured, sampled, tested and inspected in accordance with ASTM F1216. Include the manufacturing date of the lining materials in the certification. 4. Verification of product conformance by third party testing for the chemical resistance and physical testing requirements along with a report of test results. F. For each diameter and thickness to be installed on the project, provide volume of resin required per unit length (gal/foot or liters/meter) to fill the volume of air voids in the tube plus the additional allowance for polymerization shrinkage and to meet the finished liner strength requirements. G. After each impregnation of a tube for an installation, submit a process record that verifies that the resin impregnation yield matches the required quantity for the diameters and thicknesses. H. Contractor, Superintendent and Crew Experience requirements as described in Section 02315.102.G of this document. Contractor shall confirm that all references are active and that contact information is current. References that are inactive or contact information is not current shall be deemed non-responsive. Written notification of any crew changes. Notification shall be a minimum of one week prior to date of actual change. SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 8 All referenced experience shall be for projects completed within the United States or Canada. References will be verified as part of the submittal. I. Set of drawings showing the location and planned layout of all access points required for installation. J. Plan and procedures to reinstate all tees, air relief valves, blow-off valves, threaded taps, etc. K. Plan and procedures to repair any unanticipated defects in the liner in the field shall be submitted to the Engineer prior to the start of the Work. PART 2 - PRODUCTS 2.01 GENERAL A. Materials provided and process variables used in the CIPP installation process are the responsibility of the Contractor. B. Materials, installation procedures, and the final product shall equal or exceed the requirements of ASTM F1216 and ASTM F1216 Appendix Xl.3.2. 2.02 COMPONENT PROPERTIES A. Liner Tube: 1. Two or more layers of flexible, absorbent woven, non-woven or combination thereof of synthetic materials or combined with glass fiber reinforcement, capable of carrying resin, withstanding installation pressures and curing temperatures, compatible with the resin system used, and having markings to determine elongated length during liner installation. 2. The outside layer of the tube shall be plastic coated with a translucent flexible material that clearly allows inspection of the resin impregnation (wet-out) procedure. 3. The tube shall have a uniform thickness that when compressed at installation pressures will exceed the minimum required thickness specified in the design submittals. 4. The tube shall be homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers. The tube shall contain glass fiber reinforcement quantities appropriate for the internal pressure requirements. SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 9 5. The wall color of the interior pipe surface of the CIPP after installation shall be a light reflective color so that a clear detail examination may be made of the final product with closed circuit television inspection equipment or by man-entry. C. Resin: 1. Compatibility with Application: Liquid thermosetting resin that is compatible with the CIPP rehabilitation process used and designed for a wastewater environment. 2. Type: vinyl ester or epoxy meeting the service conditions specified for the tube system and the applicable sections for pressure liner of ASTM F1216. 3. Enhancers: Use of enhancers will not be allowed. 4. Resin Characteristics: Sufficiently thixotropic to obtain non-draining characteristics when impregnated into the fiber fabric D. Catalyst: Compatible with the resin and other materials to be utilized in the rehabilitation process. Select quantity and type of catalyst based on the curing conditions and recommendations of the resin manufacturer. 2.03 FINISHED AND CURED LINER PROPERTIES A. Design Parameters -. The CIPP liner shall be designed as per ASTM F1216, Appendix Xl.3.2 for fully deteriorated pressure pipe condition. B. The design shall be based on the following pipe conditions, service requirements and physical conditions: 1. Deterioration design parameter: Fully Deteriorated Pressure Pipe. 2. Assume groundwater is at pipe springline 3. All pipes subject to soil load of 130 Ib/cu.ft. and H-20 live load. 4. Soil depth as shown on Drawings. 5. Ovality of host pipe is 0 percent. 6. Factor of safety (N) is 2. 7. Modulus of passive soil reaction is 1,000 psi. 8. Internal Design Pressure of 60 psi. 9. Normal Internal Operating Temperature (Design) of 60 degrees F. 10. Maximum Internal Temperature of 90 degrees F. 11. Internal Vacuum of negative 0 psi. 12. A minimum service life of 50 years. C. The liner shall be homogeneous throughout, white, uniform in color, free of cracks, holes, foreign materials, blisters, or deleterious faults. The physical properties of the cured liner SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 10 shall meet the minimum chemical resistance requirements of ASTM F1216 and shall conform to the minimum structural standards listed in the following table: Structural Property Wall Thickness Flexural Strength Flexural Mod. of Elasticity (short-term) Tensile Strength ASTM Standard F1216 D790 D790 D638 Minimum Value* Vinyl ester or Epoxy Resin As calculated 7,000 psi 350,000 psi 6,500 psi * Values are for design conditions at 75 degrees F. D. External Load Design: 1. For the external load design in Appendix X.I of ASTM F1216, the long-term (time- corrected) flexural modulus of elasticity shall be determined by multiplying the design initial flexural modulus of elasticity by a creep retention factor (CL). At a minimum, a creep retention factor of 50 percent shall be applied. 2. The external load design shall be based on an enhancement factor (K) of 7.0, a Poisson's (v) ratio of 0.3. E. Internal Pressure Design: For the internal pressure design in Appendix X.I of ASTM F1216, the design shall be based on factor of safety of 2.0 and a long-term tensile strength (or tensile load capacity per layer) equal to 1/3 of the design initial tensile. F. The design physical properties shall be adjusted, as necessary, to account for the Normal Internal Operating Temperature as specified. G. Liner Tube Sizing: 1. Outside diameter of the liner tube being inserted shall be properly sized to allow for expansion so that the CIPP liner can fit tightly against the host pipe. 2. Shall be properly sized to the length to be rehabilitated and be able to stretch to fit irregular pipe sections and negotiate bends and curves with the minimum tube length necessary to effectively span the designated liner installation run between access points, unless otherwise specified. 3. Contractor shall verify the lengths of the pipelines to be rehabilitated in the field prior to impregnation of the tube with resin, to ensure that the tube will have sufficient length to extend the entire length of the run. BUENA VISTA LIFT STATION FORCE MAIN (VC-4) MAY 2011 (Addendum No. 3) SANITARY SEWER REHABILITATION USING CURED-IN-PLACE PIPE (CIPP) METHOD 02315-11 4. Contractor shall measure the inside diameter of the existing pipelines in the field so that the liner can be installed in a tight-fitted condition. 2.04LINER END SEALS A. The end seals shall be a mechanical, expansion type, constructed of Type 316 stainless steel retaining bands and elastomeric rubber (EPDM polymer) seals. The end seals shall be rated by the manufacturer for the operating pressure and shall be compatible with the piped fluid. End seals shall bridge the PCIPP liner and rest on a new spool piece of pipe similar to the host pipe with no exposed surfaces that are corrosive to the pipe product fluids. B. Liner end or termination seals shall be WEKO-SEAL as manufactured by Miller Pipeline Corp. or HydraTite as manufactured by HydraTech Engineered Products, or approved equal. C. Seals shall be a minimum width of 14-inches and shall be sized for the specific application. The seals shall span the joint at all liner terminations and shall form an airtight/pressure tight seal and be equipped with a test valve to check the seal provided. The seal shall be made of EPDM polymer and be manufactured in conformance with ASTM D3900 and D3568. Retaining bands shall be made of Type 316 stainless steel and shall be rolled to the radius of the pipe being repaired. PART 3 - EXECUTION 3.01 LINER PIPE STORAGE AND HANDLING A. Liner pipes shall be properly stored and handled to prevent damage in accordance with the manufacturer's recommendations and as approved by the Engineer. B. Damage includes, but is not limited to, gouging, abrasion, flattening, cutting, puncturing, or ultra-violet (UV) degradation. C. All damaged materials and pipe rejected by the Engineer shall be promptly removed from the project site at no additional cost to the City and disposed of in accordance with current applicable regulations. 3.02 PREPARATORY WORK A. Provide temporary sewage flow control of the sanitary sewer force main in accordance with Section 02145. SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315-12 B. Thoroughly clean the host pipe in accordance with Section 02060. C. Diameter and Length Verification: Verify internal diameter and length of existing sewer pipe prior to sizing and ordering liner. D. Preliminary CCTV Inspection of Sewer Lines: Perform internal CCTV inspection after cleaning of the sewer lines to document the condition of the host pipe, and verify the lines were cleaned in accordance with Section 02060 and the liner manufacturer's requirements. E. Spot Repairs: Determine if spot repairs are required prior to proper installation of liner as required by lining manufacturer. It shall be the Contractor's responsibility to remove all debris and to identify unseen obstructions such as, but not limited to, protruding connections, reducers, line valves that will prevent proper installation. The Contractor shall remove such obstructions at no additional cost to the City. Written notification shall be provided to the Engineer a minimum of three days prior to all repairs that require excavation. The Engineer will provide written approval prior to all work that requires excavation. 3.03 WET-OUT PROCEDURE A. Contractor shall utilize the resin and catalyst in sufficient quantities to ensure complete impregnation of the liner and provide the properties specified in this Specification. B. The fiber-felt liner tube shall be fully impregnated with resin by vacuum or other means prior to installation. The resin and catalyst systems that are compatible with the requirements of the method shall be used. The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowance for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall. C. If resin impregnation/wet-out is to take place off-site, provide the City of Carlsbad with 48 hours notice for each scheduled wet-out. The City reserves the right to checkverify, or inspect all phases of production and testing of materials, from manufacturing, shipping, wet-out, installation, and cure, to finished product. 3.04 FINAL CLEANING AND INSPECTIONS A. The existing host pipe shall be cleaned again just prior to insertion of the liner. B. A maximum of one hour may elapse between this final cleaning pass and the insertion of the liner. C. After the cleaning is complete, a final camera pass shall be made to verify the cleanliness of the line. SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 13 D. Bypass pumping shall be in accordance with Section 02145 and shall prevent any sewage or other flow from entering the line during the inspection. E. Pipe invert shall be cleared of any standing water and continuously visible during the inspection. F. Prior to insertion of the liner, the sewer main must be accepted as 'clean' as defined in Section 02060 by the Engineer. G. This final inspection shall be videotaped and recorded and the Engineer must be present in the TV truck during the inspection to verify the cleanliness of the line. 3.05 LINER INSTALLATION A. Install the liner tube through the existing manholes or approved access point in accordance with the manufacturer's recommendations and procedures. Protect manholes to withstand forces generated by equipment, water pressures used while installing the liner tube. The Contractor shall determine location of insertion of the liner to meet all limitations and requirements of the CIPP lining system for pressure pipelines. B. Transport the impregnated liner tube to the site and store in such a manner that it will not be damaged, exposed to heat and/or direct sunlight, or result in any public safety hazard. Materials shall be subject to inspection and review prior to installation. The impregnated liner tube must be installed prior to exceeding the resin pot life. C. The installed pipe liner shall be in strict accordance with the liner manufacturer's instructions and recommendations. The liner shall be inserted through an existing manhole or other access approved by the Engineer, by means of the installation process and the application of hydrostatic head or other means sufficient to fully expand and extend the liner to the next designated manhole or termination point. The liner shall be installed at a rate not to exceed that needed to remove water from the sewer during installation process. D. Before the installation begins, the Contractor shall determine the minimum pressure required to hold the tube tight against the existing pipeline, and the maximum allowable pressure so as not to damage the tube. Once the installation has started, the pressure shall be maintained between the minimum and maximum pressures until the installation has been completed. Tube installation forces or pressures shall be limited so as not to stretch the tube longitudinally by more than 5% of the original length. E. If the use of a lubricant during inversion is needed to reduce friction, The Contractor shall submit a lubrication plan to the Engineer, in writing for approval. If lubrication is allowed, the Constrictor shall follow the requirements of ASTM F1216. SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 14 F. Contractor shall abide by all requirements specified in Section 02060 for requirements for water acquisition. 3.06 CURING A. The Contractor shall abide by all discharge requirements as specified elsewhere in the Contract Documents and as required to meet the pollutant limits. B. Heating Source and Distribution Equipment: 1. After liner placement is completed. 2. Asuitable heat source and distribution equipment shall be provided to distribute or recirculate hot water throughout the pipe. 3. The equipment shall be capable of delivering hot water throughout the section to uniformly raise the temperature above the temperature required to cure the resin. 4. This temperature shall be determined by the manufacturer based upon the resin/catalyst system employed. 5. The curing of the CIPP must take into account the existing pipe material, the resin system, and ground conditions (temperature, moisture level, and thermal conductivity of the soil). 6. The heat source piping shall be fitted with suitable monitors to gauge the temperature of the incoming and outgoing water, steam, or air supply. 7. Another such gauge shall be placed between the impregnated tube and the pipe invert at a minimum of five feet from the termination to determine the temperature during cure. 8. Water temperature during the cure period shall meet the requirements of the resin manufacturer as measured at the heat source inflow and outflow return lines. 9. Provide standby equipment to maintain supply of the heat source. 10. Pipelines that connect the liner to the host source shall be leak-free and no cure water is allowed to spill to ground surface. Contractor shall take full responsibility for all required actions to prevent, contain and remediate and pay all costs including fees and fines for any spilled or leaked cure water at no additional cost to the City. C. Cure Period SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY2011 (AddendumNo. 3) 02315-15 1. Shall be of duration recommended by the resin manufacturer during which time the recirculation of the water to maintain the temperature continuously takes place. 2. The initiation temperature for cure shall be as recommended by the resin manufacturer. 3. Temperature monitoring devices shall be installed at all exposed portions of the pipe (beginning and end of run) for each inversion or run of installed liner pipe between the host pipe and the CIPP liner. 3.07 COOL DOWN A. After the tube is cured, allow a cool-down period prior to opening the downstream plug and returning normal flow back into the system. B. The CIPP shall be cooled to a temperature below 90 degrees Fahrenheit, or to a temperature as required by the City or as specified on the discharge permit before relieving the head in the inversion pipe. C. Cool-down may be accomplished by the introduction of cool water into the CIPP. Care shall be taken in the release of the static head so that a vacuum will not develop that could damage the newly installed liner. D. The cure water incoming temperature during cool-down shall not decrease at a rate greater than 20 degrees Fahrenheit per hour. E. Abide by all requirements of all discharge permits (reference Section 7-5 of the Carlsbad Supplemental Provisions) for discharging any water into the sewer, especially water discharged from the curing and cool-down process. The Contractor shall provide filtering of all curing and cool-down water to remove all styrene from discharge prior to releasing water to sewer system. The discharge permit may also require filtering to remove other substances that may affect the Encina Water Pollution Control Facility (Encina Wastewater Authority) operations. All required treatment of discharge water to the sewer shall be the responsibility of the Contractor and shall be provided at no additional cost to the City of Carlsbad or the Encina Wastewater Authority. 3.08 INTERNAL END SEALS AND REINSTATEMENTS A. The Contractor shall install end seals at each of the CIPP beginning and termination points. B. The existing pipeline at the end seal installation points shall be cut cleanly and a new spool piece of pipe shall be inserted into the end of the pipe where the liner will SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 16 terminate. This is required to ensure an adequate seal between the CIPP and the pipeline. C. All reinstatements of tees, air relief valves, blow-off valves, threaded taps, etc., shall be completed following the procedures identified in the approved procedure as submitted. 3.09 SAMPLING AND LABORATORY TESTING A. The physical properties of the installed CIPP: 1. Shall be verified through field sampling and laboratory testing. 2. Materials testing shall be performed at the Contractor's expense and by an independent third party laboratory recommended by the manufacturer and pre- approved by the City of Carlsbad. 3. Testing shall be in accordance with applicable ASTM test methods to confirm compliance with the requirements for minimum wall thickness, flexural strength, and short-term flexural modulus of elasticity specified in Section 2.03. B. Testing short term properties of the CIPP liner material from the actual installed liner: 1. Certified results 2. Tests shall be conducted at a minimum per each 1,000 linear feet of installed liner per each alignment (there is only one diameter in each alignment) 3. At a downstream access point. 4. Sample: a. Fabricated from material taken from the tube in accordance with ASTM F 1216 for pipe 18-Inches and larger. b. The CIPP samples shall be large enough to provide a minimum of three specimens and a recommended five specimens for flexural testing and tensile testing. c. The CIPP samples shall be tested in accordance with ASTM D790 and D638 to confirm that the required physical properties specified in the design submittal of the proposed product, and the minimums in Section 2.03, have been achieved. C. If required by the Engineer, remove a sample from each pipe to be used to check the liner thickness, by core drilling 2-inch diameter test plugs at locations specified by the Engineer. SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315-17 D. The laboratory results shall identify the test sample location as referenced to the nearest station. Final payment for the project shall be withheld pending receipt and approval of the test results. If properties tested do not meet minimum requirements, the CIPP shall be removed and replaced at no additional cost to the City. 3.10 FINISHED PIPE LINER A. Finished Liner: 1. Shall be inner polyethylene layer and an outer polyester felt layer impregnated with a thermosetting resin to fit tightly against the existing inside pipe wall. 2. Shall be fabricated from materials that, when cured, shall be chemically resistant to withstand internal exposure to sewage liquids and gases as specified in Section 3.11. 3. Shall be continuous over the length of pipe reconstructed. 4. Shall be free from dry spots, delamination, and lifts, remove and replace the CIPP if these conditions are present. Contractor shall remove and replace the CIPP full circumference, the limit as directed by Engineer, if these conditions are present. B. Interior Surface: 1. Smooth interior surface that is considered wrinkle free. 2. No circumferential wrinkles, wrinkles greater than one-quarter inch in height, wrinkles which cause a backwater, or wrinkles pointing against flow direction shall be allowed. 3. If wrinkles are detected in the installed liner, the Contractor shall provide photographs and dimensions of the wrinkle including height and direction. 4. The Engineer will determine on a case by case basis if replacement or repair of CIPP liner is required. 3.11 CHEMICAL RESISTANCE A. The CIPP system proposed shall meet the minimum chemical resistance requirements listed below. Samples used for testing shall be of the same resin system and tube materials as that proposed for the project. It is required that CIPP samples without plastic coating meet these chemical testing requirements. B. Chemical resistance tests shall be completed in accordance with ASTM Test Method D 543 with the chemical solutions shown in the following table: SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 18 Minimum Chemical Resistance Requirements Chemical Solution Concentration, % Tap water (pH 6-9) 100 Nitric acid 5 Phosphoric acid 10 Sulfuricacid 10 Gasoline 100 Vegetable oil 100 Detergent 0.1 Soap 0.1 C. Exposure shall be for a minimum of one month at 73.4 degree Fahrenheit. During this period, the CIPP test specimens shall lose no more than 20 percent of their initial flexural strength and initial flexural modulus of elasticity. D. For applications more stringent than standard domestic sewage, it is recommended that chemical resistance tests be conducted with actual samples of the fluid flowing in the pipe. These tests can also be accomplished by securing CIPP test specimens in the flow stream. 3.12 PRESSURE TESTING FOR WATER-TIGHTNESS A. This section provides procedures for pressure testing for water-tightness of CIPP used in the renovation of pressure pipelines. Pressure testing for water-tightness shall be provided on all CIPP installations or as directed by the Engineer in writing. B. Test Procedure: 1. The CIPP shall be cooled down to the original ambient ground temperature, which existed before CIPP installation, prior to proceeding with the pressure test. 2. The test section shall be subjected to a hydrostatic pressure of 1-1/2 times the liner design pressure. 3. The pressure test shall be conducted after placement of all appurtenances such as end seals, reinstatements of side connections, corporation stops, etc. To avoid the testing of other associated piping, the side connections, corporation stops, etc. shall be capped or otherwise isolated. When sections of rehabilitated piping are reconnected with new spool pieces, ensure that all flange connections are watertight during the pressure test. Note: The emphasis is that only renovated piping (and its appurtenances) shall be tested. Otherwise, leakage in other side piping could contribute to a leakage rate measured for the CIPP. 4. The pipe section to be tested shall be isolated with blind flanges or other appropriate SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 19 method rated for the required test pressure. Means for temperature measurement, air relief and filling the test section with water shall be provided. The line tested shall be configured such that leakage from the ends and branch lines can be visually monitored. 5. The ends, termination points, elbows, etc. that are removed shall be properly braced, blocked and supported for the duration of the test. The test pressure shall not exceed the safe pressure on such fittings. 6. The test shall be for a minimum of one hour in duration. 7. The test section shall be filled slowly from any available water source. All air shall be expelled from the pipeline during filling. This is a very critical step of the process since trapped air will compress during pressurization giving erroneous leakage measurements. When filling the pipeline with water, all air release valves and the high elevation end of the pipeline shall be opened until a free flow of water is visible, to release all air from the pipeline to be tested. Ensure the rate of filling does not significantly pressurize the pipeline prematurely. 8. If the above technique for expelling air is not sufficient, another approach may be more effective. One alternative is to push a pig through the line with the fill water behind it. This is done after each end of the test section is sealed off so the pig remains in the pipe during the pressure test. When the pipe is full and the pig reaches the far end of the test section, the air in front of the pig is bled off through a relief valve in the blind flange or pressure plug at the termination end. 9. Once the CIPP is filled, the specified test pressure, based on the elevation of the lowest point of the line or section under test and corrected to the elevation of the test gauge, shall be applied by means of a pump connected to the pipe in a manner satisfactory to the City. The test pressure shall be applied in steps, in 10 psi intervals, until the test pressure is reached. The pressure shall be held at the intermediate step(s) for a minimum of 5 minutes. 10. A minimum stabilization period of 2 to 3 hours (or more) is recommended, but not required, before starting the pressure test. During this time, the test pressure shall be maintained within close proximity of the required test pressure. During this stabilization period, CIPP expansion, trapped air in the pipe, fluctuation of the mean water temperature, etc., may cause erroneous readings if the pressure test is run during this period. Therefore, the required stabilization period may be considerably longer than expected for some installations. Decreasing make-up water during the stabilization period should indicate that at least one of these effects is present and is gradually being counteracted. 11. Bleed off any air at the ends of the test section prior to beginning the test. As stated previously, the pressure test shall be for a duration of one hour after the stabilization period is completed. Begin the test at the required test pressure. After the one-hour SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 20 test, the amount of make-up water needed to return to the required pressure shall be quantified. 12. Test water shall be released in a manner approved by the Engineer and shall meet all requirements as specified in the discharge permit. C. Acceptance 1. The test shall require that the quantified make-up water (from paragraph 3.12-B.ll above) for the one hour test shall not exceed 20 gallons per inch-diameter, per mile of pipe, per 24 hour day (20 GIDMD). The quantified make-up water for the one-hour test shall be extrapolated to the 24-hour rate for comparison purposes. Any visible leakage at termination points shall be eliminated. If not feasible or possible at the time of the test, the termination point leakage shall be kept to a minimum, collected and then deducted from the actual make-up water rate. If the loss at test pressure exceeds the allowable, the Contractor shall endeavor to identify the source of the loss and minimize it in a manner acceptable to the City. Trapped air can significantly affect internal pressure and may require extensive continued testing until stabilization occurs. The pressure test for water-tightness shall be deemed acceptable if that actually measured during the one-hour test (which has been extrapolated to a 24-hour day rate) is equal to or less than the allowable make-up water rate of 20 GIDMD. 2. If the lined pipe does not meet the requirements of the exfiltration test, repair or replace the lined segment as required by the Engineer and retest the lined pipe segment so that it meets the requirements at no additional cost to the City. 3.13 QUALITY CONTROL A. The Contractor shall clean and perform a closed-circuit television inspection after installation of the CIPP liner. 3.14 INSPECTION MANHOLE SECTIONS FOR LINER INSTALLATION A. Reinstatement of rehabilitated pipeline and installation of end sections and spool sections shall be as required in the Drawings. B. The completed pipeline shall be water tight or will be repaired by the Contractor at no additional cost to the City. END OF SECTION** SANITARY SEWER REHABILITATION USING BUENA VISTA LIFT STATION FORCE MAIN (VC-4) CURED-IN-PLACE PIPE (CIPP) METHOD MAY 2011 (Addendum No. 3) 02315 - 21 SECTION 15100 VALVES, GENERAL PART 1 - GENERAL 1.01 WORK OF THIS SECTION The Work of this Section includes providing general requirements for valves including epoxy coating, installing, adjusting, and testing of valves and where buried valves are indicated, valve boxes to grade, with covers, stem extensions, and position indicators. 1. Section 15101 Gate Valves 2. Section 15110 Eccentric Plug Valves 3. Section 15166 Sewage Air Release and Vacuum Valves 1.02 SPECIFICATIONS AND STANDARDS Except as otherwise indicated, the current editions of the following standards apply to the Work of this Section: 1. ANSIB16.1 2. ANSI B 16.5 3. ANSI/ASMEB 1.20.1 4. ANSI/ASMEB31.1 5. ASTMA36 6. ASTMA48 7. ASTMA126 8. ASTMA536 9. ASTMB61 10.ASTMB62 Cast Iron Pipe Flanges and Flanged Fittings, Class 25, 125, 250, and 800 Pipe Flanges and Flanged Fittings, Steel Nickel Alloy and Other Special Alloys General Purpose Pipe Threads (Inch) Power Piping Specification for Structural Steel Specification for Gray Iron Castings Specification for Gray Iron Castings for Valves, Flanges, and Pipe Fittings Specification for Ductile Iron Castings Specification for Steam or Valve Bronze Castings Specification for Composition Bronze or Ounce Metal Castings BUENA VISTA LIFT STATION FORCE MAIN (VC-4) MAY 2011 (Addendum No. 3) VALVES, GENERAL 15100-1 11.ASTMB148 12.ASTMB584 13. ANSI/AWWA C500 14. ANSI/AWWA C502 15. ANSI/AWWA C503 16.ANSI/AWWAC504 17. ANSI/A WWA C506 Specification for Aluminum-Bronze Castings Specification for Copper Alloy Sand Castings for General Applications Gate Valves for Water and Sewerage Systems Dry-Barrel Fire Hydrants Wet-Barrel Fire Hydrants Rubber-Seated Butterfly Valves Backfiow Prevention Devices - Reduced Pressure Principle and Double Check Valve Types 18. ANSI/AWWA C507 Ball Valves 6 Inches Through 48 Inches 19.AWWAC508 20. ANSI/AWWA C509 21.AWWAC550 22. SSPC-SP-2 23. SSPC-SP-5 Swing-Check Valves for Waterworks Service, 2 Inches Through 24 Inches NFS Resilient-Seated Gate Valves for Water and Sewage Systems Protective Interior Coatings for Valves and Hydrants Hand Tool Cleaning White Metal Blast Cleaning 1.03 SHOP DRAWINGS AND SAMPLES The following shall be submitted in compliance with Section 01300: 1. Manufacturer's product data including catalogue cuts. 2. Manufacturer's installation instructions. 3. Shop drawings showing details and dimensions. 4. Manufacturer's certification that products comply with the indicated requirements. 5. Schedule of valves indicating valve identification and location. 6. Manufacturer's certification that epoxy coatings have been factory tested and comply with the indicated requirements. BUENA VISTA LIFT STATION FORCE MAIN (VC-4) MAY 2011 (Addendum No. 3) VALVES, GENERAL 15100-2 1.05 OWNER'S MANUAL The following shall be included in the Owner's Manual in compliance with Section 01730: 1. Manufacturer's installation and operating instructions. 2. Manufacturer's maintenance procedures. 3. List of special tools. 4. Schedule of valves indicating valve identification and location. 1.06 FACTORY TESTING A. GENERAL: Valves shall be tested in compliance with the AWWA Standards as indicated. Except as otherwise indicated, each valve body shall be tested under a test pressure equal to twice its design water-working pressure. B. PROOF-OF-DESIGN TESTS: The Contractor shall furnish the Engineer three (3) certified copies of a report from an independent testing laboratory certifying successful completion of proof-of-design testing for all valves of sizes 10-inch and larger unless indicated otherwise in the specific valve Section. In lieu of testing the valves at an independent testing laboratory, proof-of-design testing may be performed at the valve manufacturer's laboratory, but must be witnessed by a representative of a qualified independent testing laboratory representative. Proof-of-design testing shall have been performed on not less than three valves, with all three units demonstrating full compliance with the test standards. Failure to satisfactorily complete the test shall be deemed sufficient evidence to reject all valves of the proposed make or manufacturer's model number. 1.07 FIELD TESTING Valves shall be field-tested for compliance with the indicated requirements. BUENA VISTA LIFT STATION FORCE MAIN (VC-4) VALVES, GENERAL MAY 2011 (Addendum No. 3) 15100-3 PART 2 - PRODUCTS 2.01 VALVES A. GENERAL: Shut-off valves, 6-inch and larger, shall have operators with position indicators. Where buried, these valves shall be provided with valve boxes and covers containing position indicators, and valve extensions. Valve covers shall be marked "SEWER" in accordance with City of Carlsbad standards. Valves mounted higher than 7 feet above working level shall be provided with chain operators. B. GATE VALVE STEMS: Where dezincification is indicated, gate valve stems shall be fabricated with bronze conforming to ASTM B 62, containing not more than 5 percent of zinc nor more than 2 percent of aluminum. Gate valve stems shall be designed for minimum tensile strength of 60,000 psi, minimum yield strength of 40,000 psi, and an elongation of at least 10 percent in 2 inches, as determined by a test coupon poured from the same ladle from which the valve stems are poured. Where dezincification is not indicated, bronze conforming to ASTM B 584 may be used. C. PROTECTIVE COATING: Except where otherwise indicated, ferrous surfaces, exclusive of stainless steel surfaces, in the water passages of all valves 4-inch and larger, and exterior surfaces of submerged valves, shall be epoxy coated conforming to Section 09900 . Flange faces of valves shall not be epoxy coated. D. VALVE OPERATORS: Where indicated, valves shall include electric operators recommended by the manufacturer. Operators of the same type shall be furnished by the same manufacturer. Valve operators, regardless of type, shall be installed, adjusted, and tested by the valve manufacturer at the manufacturing plant. E. NUTS AND BOLTS: Nuts and bolts on valve flanges, bodies and supports shall comply with Section 05501. F. SOLENOID VALVES: Solenoid valves shall be ASCO 8210G026, 2-way solenoid valves, 3/4" NPT threaded, 120/60 VAC, normally closed, 0 to 300 psi rated or equal. Valves shall be installed with bronze isolation valves on each side with unions for disassembly and maintenance. BUENA VISTA LIFT STATION FORCE MAIN (VC-4) VALVES, GENERAL MAY 2011 (Addendum No. 3) 15100-4 2.02 NAMEPLATES, TOOLS AND SPARE PARTS A. NAMEPLATES: Except as otherwise indicated, a label shall be provided on all valves exclusive of hose bibbs and chlorine cylinder valves. The label shall be 1/16-inch plastic or stainless steel, minimum 2 inches by 4 inches in size, and shall be permanently attached to the valve. B. SPARE PARTS: Two sets of packings, O-rings, gaskets, discs, seats, and bushings shall be furnished with each valve, as applicable. PART 3 - EXECUTION 3.01 VALVE INSTALLATION A. GENERAL: Valves, operating units, stem extensions, valve boxes, and accessories shall be installed in accordance with the manufacturer's installation instructions. Valves shall be independently supported to prevent stresses on the pipe. B. ACCESS: Valves shall be installed to provide easy access for operation, removal, and maintenance and to prevent interferences between valve operators and structural members or handrails. C. VALVE ACCESSORIES: Where combinations of valves, sensors, switches, and controls are indicated, the combinations shall be properly assembled and installed to ensure that systems are compatible and operating properly. ** END OF SECTION BUENA VISTA LIFT STATION FORCE MAIN (VC-4) VALVES, GENERAL MAY 2011 (Addendum No. 3) 15100-5 SECTION 15166 WASTEWATER AIR RELEASE AND VACUUM VALVES PART 1 - GENERAL 1.01 DESCRIPTION A. SCOPE: This section specifies air release valves, air and vacuum valves, and combination air valves for wastewater service. B. TYPES: 1. GENERAL: Valves furnished under this specification shall be tubular in design with direct acting cylindrical hollow and solid float mechanisms designed to function efficiently in the presence of grease, fibers and particulate material commonly present in municipal and domestic wastewaters and wastewater effluents. The design shall incorporate materials and geometry that provides self flushing of the valve internals on emptying. Valve designs which employ float guide rods or guide brackets, levers, springs and ball type floats are specifically prohibited. Valves furnished under this section shall be fitted with direct vents of flanged for connection to piping connections as indicated. Main venting orifices and outlet connections shall be equal in diameter to the specified pipeline connection. 2. AIR RELEASE VALVES: Wastewater air release valves (ARV) shall have a small venting orifice to vent the accumulation of air and other gases with the line or system under pressure. Size and capacity shall be as specified. 3. AIR AND VACUUM VALVES: Wastewater air and vacuum valves (ARW) shall have a dual float system with a large venting orifice to permit the release of air as the line is filling or relieve the vacuum as the line is draining or is under negative pressure. As the pipeline reaches approaches the full condition on filling, the large orifices shall be sealed by the primary float and the secondary float shall allow the remaining air to vent at a reduced rate to prevent development of hydraulic transients. Size and capacity shall be as specified. 4. COMBINATION AIR VALVES: Wastewater combination air valves (CARV) shall have operating features of both the air and vacuum valve and the air release valve. Size and capacity shall be as specified. BUENA VISTA LIFT STATION FORCE MAIN (VC-4) MAY 2011 (Addendum No. 3) WASTEWATER AIR RELEASE AND VACUUM VALVES 15166-1 1.02 REFERENCES A. This section contains references to the following documents. They are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly, hi the event of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. B. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid (or on the effective date of the Agreement if there were no Bids). If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued or replaced. Reference ASTMA126 ASTM A240 Title Gray Iron Castings for Valves, Flanges, and Pipe Fittings Heat-Resisting Chromium and Chromium Nickel Stainless Steel Plate, Sheet, and Strip for Pressure Vessels 1.03 SCHEDULE Forcemain FM "A" FM "A" FM "B" FM "B" Valve size, inches 4 4 4 4 Model RGX RGX RGX RGX Vent connection (a) F F F F System pressure, psig 30-100 30-100 30-100 30-100 Capacity /•u\(P) 115 115 115 115 Location (Station) STA 5+81 STA 39+28 STA 5-78 STA 39+27 (a) F= Flange, S= screened opening (b) Air inlet capacity at 7 psi pressure differential measured in standard cubic feet per second 1.04 SUBMITTALS A. Submittal material, to be provided in accordance with Section 01300, shall include the following: 1. Catalog information for each size to be furnished 2. Certified performance information 3. Materials of construction 4. Installation requirements BUENA VISTA LIFT STATION FORCE MAIN (VC-4) MAY 2011 (Addendum No. 3) WASTEWATER AIR RELEASE AND VACUUM VALVES 15166-2 PART2-PRODUCTS 2.01 ACCEPTABLE PRODUCTS A. Wastewater air release and vacuum valves shall be Vento-O-Mat RGX as provided by International Valve Marketing, Inc or D-025 by A.R.I. USA, Inc. B. Alternative manufacturers' products will be considered, provided the following information has been submitted and accepted as proof the proposed substitution provides equal or improved performance over that of the specified product and materials. Any submittal requesting substitution shall include the information specified under paragraph 15152-1.04 and the following: 1. Detailed construction and functional description of operation with bill of materials and detailed graphics showing construction features and step by step operation demonstrating compliance with the features and operational characteristics specified in this section. 2. Certified performance curves for each size valve to be provided. Performance curves shall be certified and notarized correct by an independent testing laboratory. 3. Not less than four affidavits of performance signed by general managers or executive officers of the owning agency and notarized. The affidavits of performance shall, as a minimum, document the following; a. Side-by-side operation with the specified Vent-O-Mat valves in unscreened wastewater service for periods of not less than 6 months. b. During the side-by-side periods of operation, the proposed valve and the specified valves shall have been inspected for clogging and function on not less than a weekly basis and shall not have required more maintenance effort than the valves specified in this section. c. The affidavits shall contain unreserved acceptance of the proposed valve as a complete equal to the Vent-O-Mat valve or A.R.I. valve. 2.02 MATERIALS Component Body, cover Primary and secondary floats Seats Trim and venting orifices Material Stainless steel, ASTM A240, Type 316L High density polyethylene NitrileorEPDM Stainless steel, ASTM A240, Type 316L WASTEWATER AIR RELEASE BUENA VISTA LIFT STATION FORCE MAIN (VC-4) AND VACUUM VALVES MAY 2011 (Addendum No. 3) 15166-3 A. Materials specified are considered the minimum acceptable for the purposes of durability, strength, and resistance to erosion and corrosion. The Contractor may propose alternative materials for the purpose of providing greater strength or to meet required stress limitations. However, alternative materials must provide at least the same qualities as those specified for the purpose. 2.03 CONSTRUCTION A. All wastewater air release and vacuum valves shall have tubular elongated bodies and shall be specifically designed for operation on wastewater and wastewater applications. Valve bodies shall be certified for not less than twice the system pressure specified in paragraph 15166-1.03 and shall have over pressure relief features to prevent catastrophic rupture of the valve body. The relief feature shall be incorporated into easily replaced components such as seals or gaskets. 2.04 SPARE VALVES A. One spare valve shall be provided for each type and size of valve specified. 2.05 PRODUCT DATA A. The following information shall be provided in accordance with Section 01300: 1. Manufacturer's product data. 2. Applicable O&M instructions per Section 01730. PART 3 - EXECUTION 3.01 GENERAL A. Wastewater air release and vacuum valves shall be installed in accordance with the manufacturer's recommendations. Isolation valves shall be provided below each air valve as shown. ** END OF SECTION ** WASTEWATER AIR RELEASE BUENA VISTA LIFT STATION FORCE MAIN (VC-4) AND VACUUM VALVES MAY 2011 (Addendum No. 3) 15166-4 . Clean Water We Revchirr* FurdLoar Prng~a™ DBE Instructions Section 1: APPROVAL OF AWARD (AOA) PROCESS REQUIRED FOR CWSRF FINANCING AGREEMENTS DIVISION OF FINANCIAL ASSISTANCE (DFA) The purpose of this document is to provide a summary of the DBE "Good Faith" effort for CWSRF Financing Agreement contractors and recipients. Section 1 provides the contractor and recipient with a brief overview of the AOA process. The DBE "Good Faith" effort is one element of the AOA process summarized below. The AOA request package submitted to DFA for approval must contain all of the following: 1. Completed AOA Form 555-1 (original must be signed by the recipient's authorized representative or designee); 2. A legal description of the site on which the project is to be constructed and an opinion signed by competent title counsel describing the interest the applicant has in the site, including information as to any easements and rights-of-way and certifying that the estate or interest is legal and valid; 3. Tabulation of all bids received and the engineer's estimate; 4. A copy of the bid proposal chosen; 5. Evidence of advertising (submit a copy of newspaper advertisement for the project); 6. All DBE documentation, which includes Forms 1 through 6. Also, documentation that the local Small Business Administration and Minority Business Development Agency centers was contacted. (See Section 3, Step 3, Paragraph 3 for solicitation time frames); 7. A dedicated source of revenue (ordinance or resolution); and 8. Provide a cash flow projection showing the source and expected time of receipt of funds needed to meet project cash requirements. Detailed directions for completing AOA forms 1 to 6 are provided. If you have any questions regarding the AOA process, please contact Barbara August of the DFA at (916) 341-6952 or baugust@waterboards.ca.gov Section 2: PRIME CONTRACTOR & RECIPIENT RESPONSIBILITIES PARTICIPATION RESPONSIBILITIES FOR PRIMES AND THEIR SUBCONTRACTORS All recipients of federal funds from the U. S. Environmental Protection Agency (USEPA), as well as their prime contractors and subcontractors, must make every effort to solicit bids from eligible DBEs. This information must be documented and reported to DFA as described in this document. The DBE responsibilities of the prime contractor are: 1. To conduct a "Good Faith" effort to ensure maximum DBE participation in the project; 2. Complete or obtain from DBE subcontractors, all of the completed forms required in these guidelines (Forms 1-5) and submit them to the recipient; and 3 Report actual DBE participation on a semi-annul basis to the recipient. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP-21 August 2010 i -.1 fvi••- Clean Wate~»Stcte'Rrvol\im&FundLr^K:Pn'?gr'''ri^DBFInstructions The DBE responsibilities of the Agency are: , 1. To ensure that the prime contractor meets the responsibilities identified in these guidelines; 2. Submit all documentation identified in these guidelines to DFA and maintain all records in the project files for later access or auditing; and 3. Provide semi-annual reports on DBE procurements t6 DFA. Section 3: "Good Faith" Effort Process Any public or private entity receiving federal funds must demonstrate that efforts were made to attract DBEs on any CWSRF construction contracts. The process to attract DBEs is referred to as the "Good Faith" effort. This effort requires the recipient, prime contractor and any subcontractors to take the steps listed below to assure that DBEs are used whenever possible as sources of supplies, construction, equipment or services. Failure to take the steps outlined below and submit Form 4, Prime Contractor/Recipient Selected DBEs, prior to bid opening, shall cause the bid to be rejected as non- responsive. Use Forms 1 through 5 to document the process, and Form 6 is completed by the Agency. If it is not practical or possible to comply with one or more of the five steps, prepare an explanation and submit it with the AOA package. STEP 1: Divide the total requirements, when economically feasible, into small tasks or quantities to permit maximum participation. Evidence submitted must illustrate that the work was divided into small proprietary portions (e.g. paving, electrical, landscaping, revegetation). STEP 2: Establish delivery schedules, when work requirements permit, that encourage maximum DBE participation. STEP 3: Use the services of the U.S. Small Business Administration (SBA) and the Minority Business Development Agency (MBDA) of the U. S. Department of Commerce (DOC) in soliciting qualified DBEs. Utilization of these resources is required at no cost. These agencies offer several services, including Internet access to databases of DBEs. SBA's database is (http://www.ccr.gov/). (See page 20 for instructions to access the database). For additional assistance, the recipient or contractor can telephone the local offices of both agencies in their area (SBA Minority Enterprise Development Offices and DOC MBDA Regional Centers). The Internet web sites also include names, addresses, and phone or fax numbers of local SBA and MBDA centers. There are contact phone numbers listed in Step 5 that will assist you in reaching the two offices if the Internet is unavailable. Do not write to these sources. The prime contractor must provide documentation that the local SBA/MBDA offices or web sites were notified of the contracting bid opportunity fifteen working days prior to bid opening and solicitation to DBE subcontractors at least ten working days prior to bid opening. Documentation must not only include the efforts to contact the information sources and list the contract opportunity, but also the solicitation and response to the bid request. STEP 4: Include qualified DBEs on solicitation lists (Form 1) and record the information. Solicitation should be as broad as possible. The following web sites include a list of available sources for expanding the search for eligible DBEs: http://www.sba.gov http://www.ccr.gov and http://www.mbda.gov. If DBE sources are not located, explain why and describe the efforts made. See Step 5 for more detailed information. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP-22 August 2010 • Glsan -$ev$hrmg-?'imd.'if;ar, Program DBE Instructions For all construction contracts, the prime contractor must send invitations to at least three (or all, if less than three) DBE vendors for each item of work referred by sources contacted. The invitations must adequately specify the items for which bids are requested. The record of "good faith" efforts must indicate a real desire for a positive response, such as a certified mail receipt or a documented telephone conversation. (A regular letter or an unanswered telephone call is not an adequate "good faith" effort). A list of all sub-bidders, including the bidders not selected and non DBE subcontractors, and bid amount for each item of work must be submitted on Form 5. A sample list is shown in Form 5, Sample Summary of Bids Received from Subcontractors on page 17. If a low bid was not accepted, an explanation must be provided. STEP 5: DBE potential resources centers are listed in the following table. Solicit available DBEs whenever they are potential sources. The prime contractor must provide invitations to DBE sub-bidders at least ten working days prior to the bid opening date. Federal Agencies (must be contacted): Name and Address U.S. Small Business Administration 455 Market Street, Suite 600 San Francisco, CA 94105 RE: Minority Enterprise Development Offices U.S. Department of Commerce Minority Business Development Agency 21 1 Main Street, Room 1280 San Francisco, CA 94105 Telephone and Web Site (415) 744-6820 Extension 0 PRO-Net Database: http://www.ccr.gov/ ' Bid Notification: http://web.sba.gov/subnet /2 (415)744-3001 Phoenix/ Opportunity Database: http://www.mbda.gov RE: Business Development Centers State Agencies (optional contacts): Name and Address California Department of Transportation (CALTRANS) Business Enterprise Program3 1 820 Alhambra Blvd. Sacramento, CA 958 16 CA Public Utilities Commission (CPUC)4 505 Van Ness Avenue San Francisco, CA 94102-3298 Telephone and Web Site Mailing Address: PO Box 942874 Sacramento, CA 94274-0015 (916)227-9599 www.dot.ca.gov/hq/bep http://www.cpuc.ca.eov/static/supplierdiversity 1 PRO-Net new database is the SBA's electronic search engine that was put on line January 1,2004, containing business profiles for nearly 200,000 businesses. The SB A requests Internet contact only for a list of potential DBE subcontractors that can be downloaded from PRO-Net: http://www.ccr.gov. Downloading will verity that the prime contractor made the required contact with the SBA. 2 Prime contractors use SUB-Net to post subcontracting opportunities. Small businesses can review this web site to identity opportunities in their areas of expertise. The web site is designed primarily as a place for large businesses to post solicitations and notices. 3 Based on the federal Disadvantaged Business Enterprise (DBE) program, CALTRANS maintains a database and provides directories of minority and woman-owned firms. 4 CPUC maintains a database of DBE-owned business enterprises and serves to inform the public. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 August 2010 Page BP-23 •-. v -a-n, ...* «cit •\Cl*ur>Wft<;r£i.i~te8evc'vivg^undL$avProgramDBEInstruction Section 4: Non-Governmental Local Contacts DISADVANTAGED BUSINESS ENTERPRISE (DBE) RESOURCES The following organizations provide services to identify potential DBEs. Some of the organizations charge a fee or require membership fees to provide their services. Services provided, may include the entire Good Faith effort process for recipients that need comprehensive assistance. HumboldtBuilder's Exchange Inc. Construction 2355 Myrtle Ave. Eureka, CA 95501 Phone #: (707) 442-3708 FAX #: (707) 442-6051 \vww. humvx.com California Daily Bid Advisor/Challenge News 1276 Lincoln Ave. #203 San Jose, CA95125 Phone #: (408) 998-0241 or (800) 298-0240 FAX'#: (408) 998-2534 California Procurement Training and Assistance Center at West Valley 1 West Campbell Ave., SteJ70 Campbell, CA 95008 Phone #: (408) 871-4390 FAX #:(408)378-2034 Contractors Assistance Center P. O. Box 7675 Redlands, CA 92375 Phone #: (800) 742-4124 FAX#: (800) 742-4125 Eldridse Bid Reporter. M/W/DVEE Assistance P. O. Box 699 West Sacramento, CA 95691 Phone #: (916) 444-7618 FAX#: (916)444-7731 www. ebrbids. com Resis Communications Bid Source Interactive (CBSI) P. O. Box 568 Burson, CA 95225-0568 Phone #: (209) 772-3670 FAX #:(800)560-7266 www. Regis-usa. com 1-800-962-4162 Riverside Community College District Procurement Assistance Center 2038 Iowa Ave., Ste. 100 Riverside, CA 92507 Phone #: (909) 788-2559 FAX#: (909) 788-2515 www. resources4u. com/pac Small Business Exchange 703 Market St., Ste. 1000 San Francisco, CA 94103 Phone #: (415) 778-6250 FAX#: (415) 778-6255 www. sbeinc. com Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page BP-24 . F. Clear 'gster Sta4e>Rcvclving Fvnd I.ovn Pr&^am DBE I Section 5: Reporting Requirements These requirements apply to the prime contractor and all subcontractors. The only exceptions to this requirement are contracts with governmental or non-profit agencies. For the duration of the contract, all primary and subcontractors will be required to report progress made in fulfilling the "good faith" effort in their semi-annual reports. Failure to provide this information as stipulated in the contract language will be cause for contract termination. DFA staff will provide recipients with the forms and instructions to report their "good faith" efforts when the AOA and contract is issued. Once a bidder is selected, the prime contractor should compile the information required by the "good faith" effort process. All information supporting the "good faith" effort must be submitted within ten working days after the bid opening. Recipient shall review the successful bidder's records closely to be sure that, prior to bid opening, all required "good faith" efforts were made. Failure of either the bidder or prime contractor/subcontractor to follow the process and provide the necessary information to DFA could jeopardize the bidding process. The following situations and circumstances require actions as indicated: 1 . If the apparent successful low bidder was rejected a complete explanation must be provided. 2. Each DBE firm utilized must complete and submit the Form 3. Contractors can no longer self-certify. Contractors must provide evidence that they have been certified. Contractors must be certified within ten days after the bid opening date. 3. If additional subcontracts become necessary after the award of the prime contract, provide Form 3 to DFA within ten working days following the award of each new subcontract. 4. Any deviation from the information provided at the time of the bid shall not result in a reduction of DBE participation without prior approval of Division of Financial Assistance Project Manager. 5. Failure of the apparent low bidder to perform the five "good faith" effort steps prior to bid opening and submittal of Form 4 with the bid, will result in its bid being declared non- responsive. The contract may then be awarded to the next low, responsive, responsible bidder that meets the requirements or the recipient may re-advertise the project. 6. The apparent successful low bidder must submit documentation to the recipient within ten working days following bid opening showing that, prior to the bid opening, all required "good faith" efforts were made. Section 6: Definitions A bona fide disadvantaged business enterprise (DBE) is a: (l)DBE that has submitted a "Disadvantaged Business Enterprise" Form 3, and (2) A firm that has been accepted as a bona fide DBE by the prime contractor/recipient. In addition, a bona fide DBE must be an independent business concern that is at least 51% owned, controlled, and operated by minority group members (see definition of minority group member) or women. Ownership and control can be measured by: • Contract work performance responsibility. Buena Vista Lift Station Force Main (VC-4) Contract No. 5508 1 Page BP-25 August 2010 s™.m DBF Instruction*>- . r- f,^.. . -,-««.!. JClean Water State Rev-v'ying Fund L • Management responsibility. • At least 5 1 % share of profits and risk. • Other data (such as voting rights) that may clarify ownership or control. Control means exercising the power to make policy decisions. Operate means being actively involved in the day-to-day management of the business. Determination of whether a business is at least 51% owned by a woman or women shall be made without regard to community property laws. An otherwise qualified DBE 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. Similarly, a business that is 51% owned by a married man and 49% by an unmarried woman does not become a qualified DBE by virtue of the wife's 50% interest in the husband's share of the business. A joint venture is a business enterprise formed by a combination of firms under a joint venture agreement. To qualify as a bona fide DBE, the minority-owned or women-owned and controlled firms in the joint venture must: • Satisfy all requirements for bona fide DBE participation in their own rights. • Share a clearly defined percentage of the ownership, management responsibilities, risks, and profits of the joint venture. Only this percentage of ownership will be credited towards the DBE goal. I A minority group member is a citizen of the United States and one of the following: • Native American consists of American Indian, Eskimo, Aleut, and native Hawaiian. To qualify, the person must meet one of the following criteria: 1. Native Americans are at least one-fourth Indian descent (as evidenced by registration with the Bureau of Indian Affairs). 2. Characteristic Indian appearance and features. 3. Characteristic Indian name. 4. Recognition in the community as an Indian. 5. Membership in a tribe, band, or group of American Indians (recognized by the Federal Government), as evidenced by a tribal enrollment number or similar indication. • African-American consists of individuals having origins in any of the black racial groups of Africa. • Asian-Pacific American consists of individuals 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, U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, and Taiwan. The Indian subcontinent takes in the countries of India, Pakistan, Bangladesh, Sri Lanka, Nepal, Sikkim, and Bhutan. • Hispanic American consists of individuals with origins from Puerto Rico, Mexico, Cuba, or South or Central America. Only those persons from Central and South American countries who are of Spanish origin, descent, or culture should be included in this category. Persons from Brazil, Guyana, Surinam or Trinidad, for example, would be classified according to their race and would not necessarily be included in the Hispanic category. In addition, this category does not include persons from Portugal, who should be classified according to race. Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page BP-26 •'-.- Cl*&» Wate~ Ste'^'R-'volyingF'ctnc1 Leav A^ogsase DBE Ins^td'cxs In cases where a firm is owned and controlled by a minority woman or women, the percentage may be credited towards DBE participation, or allocated, but may not be credited fully to both. Recipient - An agency (County, City, Special District, etc.) applying for a CWSRF financing to construct a project. Contractor - Refers to any recipient of funds who will participate in some phase of construction. The contractor receiving funds directly from the recipient for construction is the prime contractor. Contractors working for the prime contractor are subcontractors. Project Manager - Is the DFA staff responsible for managing the project. The Project Manager is responsible for review during the planning, design and construction contract development phases. Section?: DBE Forms The following forms are provided to report project DBE information. They are available in electronic form from Barbara August at (916) 341-6952 or baugust@waterboards.ca.gov . If you have any questions about completing these forms or when to turn them in, please contact Ms. August. AH Forms, where applicable, must have original signature and date. The following table provides information on who completes each form and where the forms are to be sent: Form# 1 2 3 (Art A) 4(AttB) 5and5A 6 Description Solicitation Bids Received List Contractor Certification Selected Subcontractors Summary & Sample "Good Faith" Effort Certification Completed By Prime Contractor Prime Contractor DBE Subs Prime Contractor Prime Contractor Recipient Submit To Recipient Recipient Prime Contractor Recipient Recipient DFA w/AOA Forward To DFA with ADA DFA with ADA Recipient, DFA w/AOA DFA with ADA DFA with ADA Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page BP-27 Clean Water State Revolving Fund Program Boi^ ^late and Construction Contract Requirements FORM1 DISADVANTAGED BUSINESS ENTERPRISE (DDE) "GOOD FAITH" EFFORT LIST OF SUBCONTRACTORS SOLICITED Contractor Name Contractor Address How Located Date of Contact Contact Method Task Description Response (Yes/No) Form for information required to be submitted with the AOA package Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page BP - 28 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements FORM 2 DISADVANTAGED BUSINESS ENTERPRISE (DBE) "GOOD FAITH" EFFORT BIDS RECEIVED LIST Contractor Name Category (DBE) Task Description Bid Amount Selected (Check) Explanation for Not Selecting Form for information required to be submitted with the AOA package. Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page BP - 29 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements FORM 3 (Attachment A) DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACTOR CERTIFICATION Finn Name: Phone: Address: Principal Service or Product: Bid Amount $ PLEASE INDICATE PERCENTAGE OF OWNERSHIP D DBE % Ownership L D Prime Contractor D Supplier of Material/Service D Subcontractor D Broker L D Sole Ownership D Corporation D Partnership D Joint Venture Certified by: Title: DBE Sub (ORIGINAL SIGNATURE AND DATE REQUIRED) Name: Date: Additional proof 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- responsive and ineligible for future contracts. IMPORTANT: CONTRACTORS CAN NO LONGER SELF-CERTIFY. THEY MUST BE CERTIFIED BY EPA, SMALL BUSINESS ADMINISTRATION (SBA). DEPARTMENT OF TRANSPORTATION (DOT) OR BY STATE, LOCAL, TRIBAL OR PRIVATE ENTITIES WHOSE CERTIFICATION CRITERIA MATCH EPA'S. PROOF OF CERTIFICATION MUST BE PROVIDED. A COPY OF THE CONTRACTOR CERTIFICATION MUST BE SUBMITTED WITH THIS FORM. This form must be submitted within 10 working days after the bid opening date. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 30 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements FORM 4 (Attachment B) PRIME CONTRACTOR/RECIPIENT SELECTED DISADVANTAGED BUSINESS ENTERPRISES (QBE) CONTRACT RECIPIENTS NAME PROJECT DESCRIPTION CONTRACT NO. OR SPECIFICATION NO. PROJECT LOCATION PRIME CONTRACTOR INFORMATION NAME AND ADDRESS (Include ZIP Code, Federal Employer Tax ID #) PHONE AMOUNT OF CONTRACTS DBE INFORMATION D NONE* DDBE D SUBCONTRACTOR D JOINT VENTURE AMOUNT OF CONTRACT $ WORK TO BE PERFORMED DDBE D SUBCONTRACTOR D JOINT VENTURE NAME AND ADDRESS (Include ZIP Code,) D SUPPLIER/SERVICE D BROKER PHONE NAME AND ADDRESS (Include ZSP Code,) D SUPPLIER/SERVICE D BROKER AMOUNT OF CONTRACT $ WORK TO BE PERFORMED DDBE D SUBCONTRACTOR D JOINT VENTURE AMOUNT OF CONTRACT $ WORK TO BE PERFORMED DDBE D SUBCONTRACTOR D JOINT VENTURE AMOUNT OF CONTRACT $ PHONE NAME AND ADDRESS (Include ZIP Code,) D SUPPLIER/SERVICE D BROKER PHONE NAME AND ADDRESS (Include ZIP Code,) D SUPPLIER/SERVICE D BROKER PHONE WORK TO BE PERFORMED TOTAL DBE AMOUNT:$ SIGNATURE OF PERSON COMPLETING FORM: TITLE:PHONE: DATE: * Negative reports are required. ORIGINAL SIGNATURE AND DATE REQUIRED. Failure to complete and submit this form with the bid will cause the bid to be rejected as non-responsive. Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 PageBP- 31 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements FORMS SUMMARY OF BIDS RECEIVED FROM SUBCONTRACTORS, SUPPLIERS, AND BROKERS (DBE & NON-DBE) THIS SUMMARY IS PREPARED BY THE PRIME CONTRACTOR Type of Job Company Name Selected Bid Amount DBE NON-DBE List type of jobs alphabetically, from low to high in each category and selected low bidder. Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 PageBP- 32 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements FORM 6 MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE (DBE) "GOOD FAITH" EFFORT CERTIFICATION BY APPLICANT/RECIPIENT 1. The apparent successful low bidder on DFA funded project number C-06- is (name of bidder) 2. Before the State Water Resources Control Board - Division of Financial Assistance can consider requests for an Approval of Award (AOA) to any bidder the applicant/recipient must certify to the following: DISADVANTAGED BUSINESS ENTERPRISE (DBE) The bidder has obtained % of DBE participation for this contract. Also submitted are Forms 3 and 4 that contain a complete list of those DBE firms subcontracted with or with whom other types of agreements were made. The list includes the names of the firm, address, phone number and dollar amount involved. The following affirmative steps as required by 40 CFR 35.3150 (d) have been taken: (1) The contractor divided total requirements when economically feasible, into small tasks or quantities to permit maximum participation of minority and women's businesses. (2) The contractor established delivery schedules, where the requirements of the work permitted, which encouraged participation by minority and women's business. (3) The contractor included qualified minority and women's businesses on solicitation lists. (4) The contractor assures that minority and women's businesses were solicited, whenever they were potential sources. (5) The contractor used the services and assistance of the Small Business Administration and/or the Office of Minority Business Development Agency of the U.S. Department of Commerce. It must be understood that the applicant/recipient in its role as a public trustee assumes primary responsibility to achieve an acceptable level of DBE utilization. This primary responsibility is a basic condition of the award of any Clean Water State Revolving Fund financial assistance. Where an application/recipient fails to meet its obligations under these requirements the applicant/recipient may be declared non-responsive and may have funding either annulled, suspended or terminated. In accepting these responsibilities, I hereby certify to the above. Name of Applicant/Recipient Signature of Authorized Representative Date Name and Title of Authorized Representative This form must be submitted with the AOA package. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 33 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements INSTRUCTION FOR ACCESSING HTTP://www.ccr.gov DATA BASE OF DBE SUBCONTRACTORS -- — - ' _ --__.---•..§-•.-- - ., 1. Go to http://www.ccr. gov 2. Click on the bullet Dynamic Small Business Search 3. Under States, scroll down to and click on California 4. Scroll down to Other Ownership Data 5. Click on Minority or Woman /Women, do separate run for each classification 6. Scroll down to Nature of Business, across from Keywords, type in classification of work to be performed by the subcontractor (electrician, piping, rebar, trucking, landscape, etc.) 7. Scroll to General Nature of Business and click on Construction 8. Scroll to the bottom of the screen and click on Search Using These Criteria. 9. For additional contractors, scroll to No more matches, click on Refine Search and repeat the process by changing the type of contractor you are searching for in no. 6, Keyword Buena Vista Lift Station Force Main (VC-4) Contract No. 5 5081 Page BP - 34 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements 11 - THE SUBLETTING AND SUBCONTRACTING FAIR PRACTICES ACT Any person making a bid or offer to perform a contract shall, in his or her bid or offer, set forth the following: 1) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half or 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. 2) The portion of work that will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion of work as is defined by the prime contractor in his or her bid or offer. These requirements apply to the information required relating to subcontractors certified as minority or women business enterprises. For purposes of this requirement, "subcontractor" and "prime contractor" shall have the same meaning as those terms are defined in Section 4113 of the Public Contract Code. 12 - Executive Order 11246: 40 CFR 7.3 - 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, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (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 consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 35 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may • direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. SEC. 203 (a) Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. (c) Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the contracting agency as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. (d) The contracting agency or the Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, creed, or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the Order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the contracting agency or the Secretary of Labor may require. 13 - 41 CFR 60-1.4 NONDISCRIMINATION CLAUSE NOND1SCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (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 consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 36 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. " - . . (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting 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 non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of 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 order of the Secretary of Labor, or as otherwise provided by law. (7) the contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 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 may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (b) Federally assisted construction contracts. (1) Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin, such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 37 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of 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 order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. (d) Incorporation by reference. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate. (e) Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written. (f) Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. [43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997] Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 38 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements 1. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate ' against any employee or applicant for'empteyment because of sex, race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), marital status, age (over 40) or denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900 (a-f), 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. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. THE UNDERSIGNED CERTIFIES THAT THE CONTRACTOR WILL COMPLY WITH THE ABOVE REQUIREMENTS. CONTRACTOR OR SUBCONTRACTOR NAME: CERTIFIED BY: NAME: TITLE: SIGNATURE: DATE: Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 39 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements 14- 41CFR 60-4.2 CONSTRUCTIQ^tg€>NTRACTQRS--AFFIRMATIVE ACTION REQUIREMENTS (ifl 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 Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Time- Goals for minority participation Goals for female participation tables for each trade for each trade July 1,2011- 16.9% 6.9% December 31,2012 The Office of Federal Contract Compliance Programs' web site for compliance issues and preaward registry is at http://www.dol.gov/esa/welcome. These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (notify the applicable Regional Office found at www.dol.gov/esa) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any). § 60-4.3 Equal opportunity clauses (in relevant part) Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 40 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements 1. As used in these specifications: -a. "CovereS area" means the geographical area described in the solicitation from whieh this contract resulted; *- b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) African American (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 41 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements 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 Cent,actor during the training period/ancrfe CoEi"Cior HIBS, save made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and 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 recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 42 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female studsnts aa^to nanswity-and-fesnaie reeruitoient an^S.ssili|^%g£ri*^4:r.-jns serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are Non-Segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 43 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity tfcuse.TSdadm;., ^aspenskm.-teiTniaatisiwsiHktast-iilteiSJ.Ai'yf existifc^subeontrsets as may be imposed 01 ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 15 - ELIMINATION OF SEGREGATED FACILITIES NOTICE TO PROSPECTIVE FEDERALLY-ASSISTED CONSTRUCTION CONTRACTORS (a) A Certification of Non-Segregated Facilities, as required by the May 9, 1967 Order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a Federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. (b) Contractors receiving Federally-assisted construction contract awards exceeding $10,000 which, are not exempt from the provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the following notice to prospective subcontractors for supply and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON-SEGREGATED FACILITIES (a) A Certification of Non-Segregated Facilities, as required by the May 9, 1967 Order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. (b) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be requked to provide for the forwarding of this notice to prospective subcontractors for supply and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 44 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements 16 - CERTIFICATION OF NON-SEGREGATED FACILITIES •vi. —-** »•"!. at- .: --• -,-. • •»-• «*"„•»">»««•*•£*',*. ijfeOfar • • .ftr "_ " .-— -_ -• t. - «s!-- .- ,' . . s .. ,,,. ." „ Environmental Protection Agency Region IX 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 rooms and other storage or dressing areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specified time period) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt form the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. Signature Date Name and Title of Signer (Please Type) Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 45 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements 17 - DRUG-FREE WORKPLACE CERTIFICATION DRUG-FREE WORKPLACE CERTIFICATION CONTRACTOR/APPLICANT: The contractor or applicant named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or applicant will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), 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 maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or loan: (a) Will receive a copy of the company's drug-free policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or loan. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or loan recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL'S NAME: DATE EXECUTED: EXECUTED IN COUNTY OF: CONTRACTOR/APPLICANT SIGNATURE: TITLE: Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 46 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements 18 - PART 32-GOVERNMENT WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND .,-' . - • xi'OVERIJMENT WIDE REQUIREMENTS FOR DRUG FREE WORKPLACE (GRANTS) ' Appendix A to Part 32-Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions. The General Services Administration (GSA) provides an Excluded Parties List System at www.epls.gov for the purpose of efficiently and conveniently disseminating information on parties that are excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and non-financial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.G. 12549, E.G. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 47 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to •* render in'good faitfc th^3*ti£caticfl r&qi9irc&by thipcteusesffhe knowledgean sSi*.-..ftsLTr::vi". i. of a jva ~-.,-ipant k aot required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Appendix B to Part 32-Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 48 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered T transaction bc^ntei?^M'3,dt !^l/r/M ^ a person'who .is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 19 - RESPONSIBILITY FOR REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES; CONTRACTS AND PROVISIONS GOVERNMENT CODE SECTION 4215 (in relevant part) In any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The contract documents shall include provisions to compensate the contractor for the costs of locating, repairing damage not due to the failure of the contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The contract documents shall include provisions that the contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 49 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements 20 - SUBMITTING OF BIDS AND AGREEING TO ASSIGN In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S. C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (1978) 21 - NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE SECTION 7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of ss ; being first duly sworn, deposes and says that he or she is of the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall .refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. By. personally known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. Subscribed and sworn to before me on (Notary Public) Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page BP - 50 August 2010 Clean Water State Revolving Fund Program Boilerplate and Construction Contract Requirements Minority Participation Goals for California Affirmative Action/Equal Employment Opportunity for Construction Contractors Aggregate Work Force Standard Metropolitan Statistical Area (SMSA) 41CFR§60-4.6 All areas/all trades Female participation goal 6.9% Area 174 Non-SMSA minority participation Redding: Goal (%) 6.8 Lassen; Modoc; Plumas; Shasta; Siskiyou; Tehema 175 Eureka: Non-SMSA Counties 6.6 176 SMSA Counties: 7120 Del Norte; Humboldt; Trinity San Francisco-Oakland-San Jose: Salinas-Seaside-Monterev 28.9 Monterey 7360 San Francisco-Oakland 26.6 Alameda; Contra Costa; Marin; San Francisco; San Mateo 7400 San Jose 19.6 7485 7500 8720 Santa Clara Santa Cruz Santa Cruz Santa Rosa Sonoma. Valleio-Farifield-Napa 14.9 9.1 17.1 Napa; Solano Non-SMSA Counties 23.2 177 SMSA Counties: 6920 Lake; Mendocino; San Benito Sacramento: Sacramento 16.1 Placer; Sacramento; Yolo minority participation 179 Fresno-Bakersfield: SMSA Counties: 0680 Bakersfield Kings; Madera; Tulare 180 Los Angeles: SMSA Counties: Goal (%) 19.1 Kern 2840 Fresno Fresno Non-SMSA Counties 26.1 23.6 0360 4480 6000 6780 7480 Anaheim-Santa Ana-Garden Grove Orange Los Angles-Long Beach Los Angeles Oxnard-Simi Vallev- Ventura Ventura. Riverside-San Bernardino-Ontario Riverside; San Bernardino. Santa Barbara-Santa Maria-Lompoc 11.9 26.3 21.5 19.0 19.7 Santa Barbara Non-SMSA Counties 24.6 Inyo; Mono; San Luis Obisbo 181 San Diego: SMSA Counties: 7320 San Diego 16.9 San Diego Non-SMSA Counties 16.2 Imperial Non-SMSA Conuties 14.3 Butte; Colusa; El Dorado; Glenn; Nevada; Sierra; Sutler; Yuba 178 SMSA Counties: 5170 8120 Stockton-Modesto: Modesto Stanislaus Stockton 12.3 24.3 San Joaquin Non-SMSA Counties 19.8 Alpine; Amador; Calaveras; Mariposa; Merced; Tuolumne Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 PageBP- 51 State Water Resources Control Board Division of Financial Assistance (Division) 1001 I Street • Sacramento, California 95814 • (916) 341-5700 FAX (916) 341-5707 Mailing Address: P.O. Box 944212 • Sacramento, California • 94244-2120 Internet Address: http:7Awww.waterboards.ca.gov Compliance Guidelines for Clean Water State Revolving Fund (CWSRF) Program Disadvantaged Business Enterprise (QBE) and Approval of Award (AOA) December 2010 DISADVANTAGED BUSINESS ENTERPRISE (QBE) PROGRAM The Environmental Protection Agency's (EPA) policy states that recipients of EPA financial assistance, through grants and cooperative agreements, award a "fair share" of sub- agreements to small, minority and women-owned businesses. Since each is a separate entity, the objective is to assure that each of these business entities is given the opportunity to participate in sub-agreement awards under EPA financial assistance agreements. This policy applies to all sub-agreements for equipment, supplies, construction and services under all EPA grants and cooperative agreements. The DBE Program is an outreach, education, and goaling program designed to increase the participation of DBEs in procurements funded by EPA assistance agreements. The EPA DBE Program encompasses many of the components of the former MBE/WBE Program and includes many new features. How to Achieve the Purpose of the Program Recipients of EPA financial assistance agreements are required to seek, and are encouraged to utilize, small, minority, and women-owned businesses for their procurement needs under the financial assistance agreement. The key functional components of the DBE Program are as follows. • Fair Share Objectives • Six Good Faith Efforts • Contract Administration Requirements • MBE/WBE Reporting • MBE/WBE Certification DBEs. MBEs and WBEs Disadvantaged Business Enterprises (DBEs) are: • entities owned and/or controlled by socially and economically disadvantaged individuals as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note) (10% statute), and Public Law 102-389 (42 U.S.C. 4370d) (8% statute), respectively; • a Small Business Enterprise (SBE); • a Small Business in a Rural Area (SBRA); • a Labor Surplus Area Firm (LSAF); or • an Historically Underutilized Business (HUB) Zone Small Business Concern, or a concern under a successor program. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page EPA -1 August 2010 Minority Business Enterprises (MBEs) are: • entities that are at least 51% owned and/or controlled by a socially and economically disadvantaged individual as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note), and Public Law 102-389 (42 U.S.C. 4370d), respectively. Women's Business Enterprises (WBEs) are: • entities that are at least 51 % owned and/or controlled by women (under the 10% and 8% statutes). Certifying MBE and WBE firms EPA Office of Small Business Programs (OSBP) Headquarters is responsible for implementing and processing the certification of MBE/WBE firms. Regional DBE coordinators will assist by providing forms to interested firms and fielding general questions. The states have no responsibility to implement or maintain a certification program for EPA. Under the new DBE Program, entities can no longer self-certify. EPA will accept certifications from: • The Small Business Administration(SBA) (both SBA 8(a) program certifications and SBA Small Disadvantaged Business (SDB) Program self-certifications); • The Department of Transportation's state implemented DBE Certification Program (with U.S. citizenship); • Tribal, State and local governments, as long as their standards for certification meet or exceed EPA's; and • Independent private organization certifications as long as their standards for certification meet or EPA's. If an entity holds one of these certifications, it is considered acceptable for establishing MBE or WBE status under EPA's DBE Program, and application for EPA certification is not needed. EPA MBE/WBE Certification Requirements • In order to be certified by EPA, an entity must first attempt to be certified by SBA or DOT, or a Tribal, State, or local government, or by an independent private organization, and be unsuccessful in that attempt. • To qualify as a MBE or WBE under EPA's programs, an entity must establish that it is at least 51% owned and/or controlled by socially and economically disadvantaged individuals who are of good character and are citizens of the United States. • An individual claiming economic disadvantaged status must have an initial and continued personal net worth of less than $750,000. • Applications are filed with EPA OSBP. Applications can be obtained from EPA OSBP, from regional DBE Coordinators, and from EPA OSBP's website, www.epa.gov/OSBP. • Once applications are filed, EPA OSBP will advise each applicant within 15 days whether the application is complete and suitable for evaluation and, if not, what additional information or action is required. • EPA OSBP will make its certification decision within 30 days of receipt of a complete and suitable application package. • In order for a firm to be counted towards a recipient's Minority Business Enterprise and Women Business Enterprise utilization, a firm must be certified. • Non-certified MBEs and WBEs may be used by recipients for their procurement needs. However, those firms cannot be counted toward their MBE/ WBE accomplishments. • DBE Program outreach efforts apply to all DBEs, not just MBEs and WBEs. Buena Vista Lift Station Force Main (VC-4) Contract No. 5 5081 Page EPA - 2 August 2010 GOOD FAITH EFFORT The Good Faith Efforts are required methods implored by all EPA financial assistance agreement recipients to ensure that all Disadvantaged Business Enterprises (DBEs) have the opportunity to compete for procurements funded by EPA financial assistance dollars. Six Good Faith Efforts • Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. • Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. • Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. • Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. • Use the services and assistance of the SBA and Minority Business Development Agency of the Department of Commerce. • If the prime contractor awards subcontracts, require the subcontractor to take the above steps. ADMINISTRATION REQUIREMENTS There are a number of new provisions designed to prevent unfair practices that adversely affect DBEs. Those provisions are as follows: • A recipient must require its prime contractor to pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the recipient; • A recipient must be notified in writing by its prime contractor prior to any termination of a DBE subcontractor for convenience by the prime contractor; • If a DBE subcontractor fails to complete work under the subcontract for any reason, the recipient must require the prime contractor to employ the six good faith efforts if soliciting a replacement subcontractor; and • A recipient must require its prime contractor to employ the six good faith efforts even if the prime contractor has achieved its fair share objectives. Forms Associated with Contract Administration Provisions • EPA Form 6100-2 - DBE Program Subcontractor Participation Form. This form gives a DBE subcontractor the opportunity to describe the work the DBE subcontractor received from the prime contractor, how much the DBE subcontractor was paid, and any other concerns the DBE subcontractor might have. Completion of this form is optional. • EPA Form 6100-3 - DBE Program Subcontractor Performance Form. This form captures an intended subcontractor's description of work to be performed for the prime contractor and the price of the work submitted to the prime. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page EPA - 3 August 2010 EPA Form 6100-4 - DBE Program Subcontractor Utilization Form. This form captures the prime's intended use of an identified DBE subcontractor and the estimated dollar amount of the subcontract. The form should contain information on all subcontractors (DBE and non-DBE) that the prime contractor/bidder will be using on the project. NOTE: EPA Forms 6100-3 and 6100-4 must be submitted as part of the bid or proposal package. FORM EPA Form 6100-2* EPA Form 6100-3* EPA Form 6100-4* REQUIREMENT Recipients required to have prime contractors provide form to Subcontractors Recipients required to have prime contractors provide form to Subcontractors Recipients required to have prime contractors complete the form PROVIDED BY Prime Contractors Prime Contractors Recipients COMPLETED BY DBE Subcontractors DBE Subcontractors Prime Contractors SUBMITTED TO EPA DBE Coordinator - Joe Ochab ochab.ioeOeoa. Recipients as part of bid package Recipients as part of bid package BIDDERS LIST REQUIREMENTS The purpose of the enclosed Bidders List is to provide the recipient and entities receiving identified financing agreements, who conduct competitive bidding with as accurate of a database as possible, about the universe of MBE/WBE and non-MBE/WBE prime and subcontractors. • A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list; • A recipient of an EPA financial assistance agreement to capitalize CWSRF funds also must require entities receiving identified funds to create and maintain a Bidders List if the recipient of the financing agreement is subject to, or chooses to follow, competitive bidding requirements; • The list must include all firms that bid or quote on prime contracts, or bid or quote subcontracts on EPA assisted projects, including both MBE/WBEs and non-MBE/WBEs; and • The bidders list must only be kept until the grant project period has expired and the recipient is no longer receiving EPA funding under the grant. For entities receiving identified financing agreements, the bidders list must only be kept until the project period for the identified financing agreement has ended. Information Retained on the Bidders List 1. Entity's name with point of contact; 2. Entity's mailing address, telephone number, and email address; 3. The procurement on which the entity bid or quoted, and when; and 4. Entity's status as an MBE/WBE or non-MBE/WBE only. Exemptions from Bidders List Requirements A recipient under the CWSRF, Dringking Water State Revolving Fund, or Brownfields Cleanup Revolving Loan Fund Program is not required to apply the Bidders List Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page EPA - 4 requirement to an entity receiving an identified financing agreement in an amount of $250,000 or less, or to an entity receiving more than one identified financing agreement with a combined total of $250,000 or less in any one fiscal year; and • These exemptions are limited to the Bidders List requirements only. APPROVAL OF AWARD (AOA) REQUIREMENTS The DBE "Good Faith" effort is one element of the AOA process summarized below. The AOA request package submitted to Division for approval is the final step and must contain the following: 1. The completed enclosed AOA form (original must be signed by the recipient's authorized representative or designee); and 2. All of the AOA attachments in accordance with the AOA instructions, if not previously submitted. Please provide information for AOA attachments, such as previously provided or recipient will provide by a specific date. Once a bidder is selected, the prime contractor should compile the information required by the "good faith" effort process. All information supporting the "good faith" effort must be submitted within ten working days after the bid opening. Recipient shall review the successful bidder's records closely to be sure that, prior to bid opening, all required "good faith" efforts were made. Failure of either the bidder or prime contractor/subcontractor to follow the process and provide the necessary information to the Division could jeopardize the bidding process. The following situations and circumstances require actions as indicated: 1. If the apparent successful low bidder was rejected a complete explanation must be provided; 2. Contractors must provide written evidence that they have been certified. Self certification is NOT adequate. Contractors must be certified within ten days after the bid opening date; 3. Failure of the apparent low bidder to perform the six "good faith" effort steps prior to bid opening will result in its bid being declared non-responsive. The construction contract may then be awarded to the next low, responsive, and responsible bidder that meets the requirements or the recipient may re-advertise the project; and 4. The apparent successful low bidder must submit documentation to the recipient within ten working days following bid opening showing that, prior to the bid opening, all required "good faith" efforts were made. Each procurement contract signed by a CWSRF financing agreement participant must include the following term and condition: "The contractor shall not discriminate on the basis of race, color, national origin or sex in their performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract." Reporting Requirements For the duration of the construction contract, all primary and subcontractors will be required to report progress made in fulfilling the "good faith" effort in the Semi-Annual Report submitted by April 10 and October 10 of each fiscal year on the enclosed Utilization Report (UR 334) form. Buena Vista Lift Station Force Main (VC-4) Contwct No. 55081 Page EPA - 5 August 2010 Failure to provide this information as stipulated in the financing agreement language will be cause for withholding disbursements. CONTACT FOR MORE INFORMATION SWRCB - CWSRF Barbara August 916-341-6952 baugust@waterboards.ca.aov SWRCB - CWSRF Susan Damian 916-341-5494 sdamian@waterboards.ca.aov. EPA Region 9 - Joe Ochab 415-972-3761 ochab.ioe@epa. EPA Headquarters - Veronica Squirrell 202-564-5347 sguirrell.veronica@epa.gov. EPA OSBP Headquarters Indirect Procurement Team: Kimberly Patrick, Team Leader: 202-566-2605 patrick.kimberly@epa.gov. Samuel Peterson, Program Analyst: 202-566-1510 peterson.samuel@epa.gov. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page EPA - 6 August 2010 Environmental Protection Agency Disadvantage*! Business Enterprise Program DBE Subcontractor Participation Form The public reporting and recordkeeplng burden for this collection of Information is estimated to average fifteen (15) minutes. Bit den means the total time, effort, or financial resources expended by persons to generate, maintain, retain, < i disclose or provide information to or for a Federal agency. This includes the time needed to review instrucHoi is; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and v irifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; .train personnel to) be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments oh the Agency's need for this information, the accuracy of the provided burden estimates/and any suggested metiux Is for minimizing respondent burden, including the use of automated collection techniques to Die Director, 'Col ection Strategies Division, VS. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washi igton, D.C 20460. Include the OMB control number in any correspondence. Do not send the completed EPA E BE Subcontractor Participation FomUo this address. EPA FQKM 6100-2 (DBE Subcontractor Participation Form) Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page EPA - 7 August 2010 Environmental Protection Agency Disadvantage! Business Enterprise Program DBE Subcontractor Participation Form NAME OF SUfCONTRACTOR1 ADDRESS TELEPHONE SO. PRIME CONT PROJECT NAME CONTRACT NO. EMAIL ADDRESS (ACTOR NAME Please use the $ pace below to report any concerns regarding the above EPA-funded project (&&, reason for termination by ; >rime contractor, late payment, etc.). CONTRACT ITEM NO. • 1-. r r JETEM OF WORK OR DESCRIPTION OF SERVICES RECEIVED FROM (THE PRIME CONTRACTOR AMOUNT SUBCONTRACTOR . WAS PAID BY PRIME CONTRACTOR Subcontractor Signature Title/Date Subcontractor |f« defined as a company. Baa, joint venture or Individual who enters Into an agreement with a com™-*" to provide service* ponuanl to m EPA award of finnncial anutanM. EPA FORM 6JOW-2 (DBE Subcontractor Participation Form) Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page EPA - 8 Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen (15) minutes. Bijoden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, cjr disclose or provide information to or far a Federal agency. This includes die time needed to review instruction^; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust theexisting ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of inforjnation; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a peijson is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments or i the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested method s for minimizing respondent burden, including the use of automated collection techniques to the Director, Collection Strategies Division, US. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington,D.C 20460. Include the OMB control number in any correspondence. Do not send the ipleted EPA DBE Subcontractor Performance Form to mis address. EPA FORM 6 JOO-3 (DBE Subcontractor Perforattffi* Form) Buena Vista Lift Station Force Main (VC-4) Contwct No. 55081 Page EPA - 9 August 2010 >SK Environmental Protection Agency Disadvantage*! Business Enterprise Program DBE Subcontractor Performance Form NAME OF SUBCONTRACTOR1 PROJECT NAME ADDRESS I TELEPHONED PRIME CONTR4 CONTRACT ITEM NO. i Currently cerbfiep [ BID/PROPOSAL E-MAIL ADDREJ CTORNAME ITEM OF WORK OR DESCRIPnON OF SERVICES BID TO PRIME as an MBE or WBE under EPA's DBE Program? NO. >S PRICE OF WORK SUBMITTED TO PRIME CONTRACTOR Yes No Signature of Prink Contractor Date Print Name Tide Signature of Subcontractor Date Print Name Title 'Subcontractor j» defined u a company, finn. Joint venture, or individual who enters into an agreement with a contractor to provide services punuant to an EPA award of financial asafttance. EPA FORM 6IJOO-3 (DBE Subcontractor Perfomttnce Form) Buena Vista Lift Station Force Main (VC-4) August 2010 Contract No. 55081 Page EPA -10 Environmental Protection Agency Disadvantages! Business Enterprise Program DBE Subcontractor Utilization Form The public reportingand recordkeeping burden for this collection of information is estimated toaverage fifteen (15) minutes. Burdenjmeans the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose! or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. ; Send comments o: i the Agency's need for mis information, the accuracy of the provided burden estimates, and any suggested mettax s for minimizing respondent burden, including the use of automated collection techniques to the Director, Colle rtionStrategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington D.C 204(0. Include the OMB control number in any correspondence. Do not send the completed EPA DBE Subcontractor Utilization Form to this address. EPA FORM 4100-4 (DBE Subcontractor Utilization Form) Buena Vista Lift Station Force Main (VC-4) Contwct No. 55081 Page EPA -11 August 2010 Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form BID/PROPOSAL NO. NAME OF PRU^TE BIDDER/PROPOSER |' PROJECT NAME E-MAIL ADDRESS ADDRESS | j TELEPHONE I«JO.FAX NO. The folfowin COMPANY NAR NUMBER, AND t £ subcontractors1 will be used on this project: 0, ADDRESS, PHONE E-MAIL ADDRESS TYPE OF WORK TO BE PERFORMED ESTIMATE D DOLLAR AMOUNT CURRENTLY CERTIFIED ASANMBE ORWBE? I certify under penalty of perjury that the forgoing statements are true and correct In the event of a replacement of * subcontractor, I will adhere to the replacement requirements set form in 40 CFR Part 33 Section 33.302(o). • { Signature Of Prime Contractor Date i I Print Name !Title 'Subcontractor Is defined a* a company, firm, Joint Ventura, or Individual who enter* into an aptcment with a contractor to provide xtvicM punuant to an EPA award of financial atftmnce. EPA FORMJ6IOO-4 (DBE Subcontractor Utilization Form) Buena Vista Lift Station Force Main (VC-4) August 2010 Contwct No. 55081 Page EPA -12 Water Resources Control Board - Division of Financial Assistance Minority/Women Owned Business Enterprise (MBE/WBE) Utilization Federal Clean Water Grant or Clean Water State Revolving Fund 1 . All purchases for this contract are 2. Grant/Loan No: completed. Check here [ ] 3. Reporting Period 5. Purchase Period Under the Financing Agreement: Start Date: End Date: 7. Recipient's Name and Address: 4. Total Accumulated Payments Paid to Contractor: $ 6. Total Payments to Prime Contractor this Period: $ 8. Recipient's Contact Person and Phone Number: 9. 9. MBE/WBE Payments Paid by Prime Contractor during Reporting Period (Amount(S) Included In Box No. 6.) Purchase made by Recipient/Contractor * Totals Business Enterprise Dollar Value of Procurement MBE $ WBE $ Award Date (mm/dd/yy) Product Type Code Name and Address of DBE Contractor, Subcontractor or Vendor 10. Comments: 1 1 . Signature and Title of Recipient's Authorized Representative 12. Date Return to: Susan Damian Water Resources Control Board Division of Financial Assistance PO Box 944212 Sacramento CA 94244-2120 Telephone 916.341.5404 Fax 916.341.5707 email: sdamian@waterboards.ca.gov Type of Product of Service Codes: 1 = Construction 2 = Supplies 3 = Services 4 = Equipment a = Business Services b = Professional Services c = Repair Services d = Personal Services Form UR 334 Buena Vista Lift Station Force Main (VC-4) August 2010 Contwct No. 55081 Page EPA-13 STATE WATER RESOURCES CONTROL BOARD DIVISION OF FINANCIAL ASSISTANCE MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE (MBE/WBE) UTILIZATION FEDERAL CLEAN WATER GRANT OR CLEAN WATER STATE REVOLVING INSTRUCTIONS FOR COMPLETING THE UR 334 Box 1 Check this box only if all procurements (purchases) under this financing agreement or grant have been completed during the reporting period or a previous period. If you check this box, we will no longer send you a survey. Box 2 Clean Water State Revolving Fund Project Number. Box 3 If you are sending data for more than one period, copy the form and prepare multiple reports. (Note: Reporting the information in the proper period is not as important as collecting and reporting all MBE/WBE purchases.) Box 4 Enter the total amount of payments paid to the prime contractor including previous periods. Box 5 Enter the dates between which you plan to make procurements under this financing agreement or grant. Box 6 Enter the total dollar amount of payments paid to prime contractor for this reporting period. This total includes MBE/WBE sub-contractor payments shown in box No. 9. Jox 7 Enter the financing agreement or grantee name and address. Box 8 Enter the financing agreement or grantee contact person's name and phone number. Box 9 Enter details for the MBE/WBE purchases only and be sure to limit them to the same period used for Box 6. 1) Use either an "R" or a "C" to represent "Recipient" or "Contractor." 2) Enter a dollar total for MBE/WBE and total the two columns at the bottom of the section. 3) Provide an award date. 4) Enter a product type choice from those at the bottom of the page. 5) List the vendor name and address in the right-hand column. Box 10 This box is for explanatory information or questions. Box 11 Provide an Authorized Representative signature. Box 12 Enter the date of signature by Authorized Representative. Buena Vista Lift Station Force Main (VC-4) Contract No. 55081 Page EPA -14 August 2010