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Mueller Service Company; 2009-10-13; PWS09-29OPS
° CARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, C SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR WATER METER PURCHASE AND REPLACEMENT CONTRACT NO. MS0901 BID NO. PWS09-29OPS -C Revised 5/01/08 Contract No. MS0901 Page 1 of 66 Pages TABLE OF CONTENTS Item Pagex, Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form : 14 Bidder's Bond to Accompany Proposal 15 Guide for Completing the "Designation Of Subcontractors" Form 17 Designation of Subcontractor and Amount of Subcontractor's Bid Items 19 Bidder's Statement of Technical Ability and Experience 20 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 21 Bidder's Statement Re Debarment 22 Bidder's Disclosure of Discipline Record 23 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 25 v_ Contract Public Works 26 Labor and Materials Bond 32 Faithful Performance/Warranty Bond 34 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 36 Revised 5/01/08 Contract No. MS0901 Page 2 of 66 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 39 1-2 Definitions 39 1-3 Abbreviations 40 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 42 2-2 Assignment 42 2-3 Subcontracts 42 2-4 Contract Bonds 42 2-5 Plans and Specifications 43 2-6 Authority of Board and Engineer 43 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 44 3-2 Changes Initiated by the Agency 44 3-3 Extra Work 45 3-4 Changed Conditions 46 3-5 Disputed Work 47 Section 4 Control of Materials 4-1 Materials and Workmanship 50 4-2 Materials Transportation, Handling and Storage 52 Section 5 Utilities 5-1 Location 53 5-2 Protection 53 5-3 Removal 53 5-4 Relocation 53 5-5 Cooperation 54 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 54 6-2 Prosecution of Work 54 6-3 Suspension of Work 56 6-4 Default by Contractor 57 6-5 Termination of Contract 57 6-6 Delays and Extensions of Time 57 6-7 Time of Completion 58 6-8 Completion, Acceptance, and Warranty 58 6-9 Liquidated Damages 59 Revised 5/01/08 Contract No. MS Page 3 of 66 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 60 7-2 Labor 60 7-3 Liability Insurance 60 7-4 Workers' Compensation Insurance 60 7-5 Permits 60 7-7 Cooperation and Collateral Work 61 7-8 Project Site Maintenance 61 7-9 Public Convenience and Safety 61 7-10 Laws to be Observed 61 Section 8 Measurement and Payment 8-1 Measurement of Quantities for Unit Price Work 62 8-2 Payment 62 TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS 64 DIVISION 02-SITE WORK 64 Revised 5/01/08 Contract No. MSOS Page 4 of 66 Pages CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON JUNE 24, 2009, the Carlsbad Municipal Water District (District) shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: WATER METER PURCHASE AND REPLACEMENT CONTRACT NO. MS0901 BID NO. PWS09-29OPS INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the Carlsbad Municipal Water District and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water District or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Carlsbad Municipal Water District. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Parts 2 & 3. 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 Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. A•^ Revised 5/01/08 Contract No. MS0901 Page 5 of 66 Pages 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. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum (a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $400.000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: C34 Pipeline, C36 Plumbing. 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 $25.00 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 Revised 5/01/08 Contract No. MSQ901 Page 6 of 66 Pages 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 V... will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. REJECTION OF BIDS The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the District's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to ^ the Contract for work. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds £' shall be kept in full force and effect during the course of this project, and shall extend in full force and ^*—- effect and be retained by the District until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and Revised 5/01/08 Contract No. MS0901 Page 7 of 66 Pages effect and be retained by the District until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and v . authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the District may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. \ The District does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the District is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the District may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the Board of Directors of the Carlsbad Municipal Water District, California, by Resolution No. 1353, adopted on the 5™ day of May, 2009. May 26, 2009 Rhonda Heather Date Deputy City Clerk Publish Date: May 29, 2009 A*¥ Revised 5/01/08 Contract No. MS0901 Page 8 of 66 Pages CARLSBAD MUNICIPAL WATER DISTRICT Water Meter Purchase and Replacement Contract No, MS0901 CONTRACTOR'S PROPOSAL Board of Directors OPENED, WITNESSED AND RECORDED Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 I DATE' SIGNATURE The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. MS0901 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" Meter Purchase o o No. 1. 2. 3. 4. 5. Item Description 5/8 X 3/4 Inch Meter Assembly 3/4 X 3/4 inch Meter Assembly 1 inch Meter Assembly 1.5 inch Meter Assembly 2 inch Meter Assembly Estimated Units 146 42 143 145 312 Unit Price $95.00 $128.00 $155.00 $290.00 $370.00 Extended Cost $13,870.00 $5,376.00 $22,165.00 $42,050.00 $115,440.00 Total amount otbid in words for Schedule "A": One Hundred Ninety Eight Thousand NineHundred one Dollars • Total amount of bid in numbers for Schedule "A": $ 198901.00 * Price(s) given above are firm for 90 days after date of bid opening. 4 -J O O Addendum (a) No(s). ' has/have been received and is/are included in this proposal. Revised 5/01/08 Contact No-Page 9 of 66 Pages SCHEDULE "B" Meter Removal and Installation No. 1. 2. 3. 4. 5. 6. 7. Item Removal and Installation Description 5/8 x 3/4 inch Meter Assembly 3/4X3/4 Meter Assembly 1 inch Meter Assembly 1.5 inch Meter Assembly 2 inch Meter Assembly 1.5 inch Turbo Meter Top Plate 2 inch Turbo Meter Top Plate Estimated Units 146 42 143 145 312 65 145 Unit Price $55.00 $55.00 $55.00 $80.00 $80.00 $30.00 $30.00 Extended Cost $8,030.00 $2,310.00 $7,865.00 $11,600.00 $24,960.00 $1,950.00 $4,350.00 f) o * n *+ *m o4k,«v o <•*», •tut a Total amount of bid in words for Schedule "B°: Sixty One Thousand Sixty Five Dollars Total amount of bid in numbers for Schedule "B": S 61P65.00 Total amount of bid in words including Schedule "A" and Schedule -B":Two Hundred Fifty Nine Thousand Nine Hundred Sixty Six Dollars Total amount of bid in numbers including Schedule "A" and Schedule "B": $ 259966.00 The basis of award will be the sum of Schedule "A" and "B". SCHEDULE "C" ITRON ENDPOINT PURCHASE (OPTIONAL) No. 1. Item Description Itron Endpoint Estimated Unite 1,217 Unit Price $109.00 Extended Cost $132653.00 SCHEUDULE "D" ITRON ENDPOINT INSTALLATION (OPTIONAL) No. 1. Item Description Itron Endpoint Estimated Unite 1,217 Unit Price $30.00 Extended Cost $36,510.00 ORevised 5/01/08 Contract No. MS0901 Page 10 of 66 Pages Total amount of bid in words for Schedule "C": Q"e Hundred Thirty Two Thousand Six Hundred Fifty Three Dollars Total amount of bid in numbers for Schedule "C": $ 132,653.00 Total amount of bid in words for Schedule "D": Thirty Six Thousand Five Hundred Ten Dollars Total amount of bid in numbers for Schedule "D": $ 36.5in.nn Total amount of bid in words including Schedule "C" and Schedule "D": One Hundred Sixty Nine ' Thousand One Hundred Sixty Three Dollars Total amount of bid in numbers including Schedule "C" and Schedule "D": $ 169,163.00 • ) The basis of award will be the sum of Schedule "A" and "B". I Purchase and installation of Itron Endpoint is an optional item that CMWD may or may not award to bidders. * ) i I Price(s) given above are firm for 90 days after date of bid opening. The Undersigned has carefully checked all of the above figures and understands that the District will 1 ) . not be responsible for any error or omission on the part of the Undersigned in preparing this bid. 1 »The Undersigned agrees that in case of default in executing the required Contract with necessary I D bonds and insurance policies within twenty (20) days from the date of award of Contract by the I | Board of Directors of the Carlsbad Municipal Water District, the District may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. ,fr * 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 891786 classification A and C34 which expires on 2/28/2011 f and that this statement is true and correct and has the legal effect of 3 * an affidavit. -•>. A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the * Business and Professions Code shall be considered nonresponsive and shall be rejected by the f | District § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be I 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. fit II The Undersigned bidder hereby represents as follows: •?!) 1. That no Board member, officer agent, or employee of the City of Carlsbad is personally ** interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no "' representation, oral or in writing, of the Board of Directors, its officers, agents, or employees has O 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 II 2. That this bid is made without connection with any person, firm, or corporation making a bid for the «i% same work, and is in all respects fair and without collusion or fraud.•«if II Accompanying this proposal is Bid Bond (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid.oRevised 5/01/08 Contract No. MS0901 Page 11 of 66 Pages Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page 1 of 1 Department of Consumer Affairs **• s Contractors State License Board• ,&..-' Contractor's License Detail - License # 891786 £13 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: Classifications: Bonding: Workers' Compensation: 891786 Extract Date: 06/24/2009 MUELLER SERVICE CALIFORNIA INC dba MUELLER SERVICE CO 2004 WOOD COURT SUITE C PLANT CITY, FL 33563 Business Phone Number: (813) 764-8183 Corporation 02/28/2007 02/28/201 1 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION C34 PIPELINE A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 104825160 in the amount of $12,500 with the bonding company TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. Effective Date: 01/01/2007 Contractor's Bonding ..History BOND OF QUALIFYING INDIVIDUAL 1. This license filed Bond of Qualifying Individual number 104825171 for DAVID JOHN MILLS in the amount of $12,500 with the bonding company TRAVELERS Effective Date: 01/22/2007 This license has workers compensation insurance with the ACE AMERICAN INSURANCE COMPANY Policy Number: WLRC44354305 Effective Date: 10/01/2008 Expire Date: 10/01/2009 Workers' Compensation History Conditions of ...Use | Privacy Policy Copyright © 2009 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp 6/24/2009 ^ 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 t j 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. (1 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted _ O (2) Signature (given and surname) of proprietor _ _ (3) Place of Business |-"\ (Street and Number) City and Stateo ;—: II (4) Zip Code ', Telephone No. ^ (5) E-Mail f, " ? IF A PARTNERSHIP. SIGN HERE: H (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) W City and State _n (4) Zip Code Telephone No. (5) E-Mail Revised 5/01 /08 Contract No. MS0901 Page 12 of 66 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted Mueller Service California, Inc dba Mueller Service Co. (2) President (Title) Impress Cor( (3) Incorporated under the laws of the State of California (4) Place of Business 2004 Wood Court, Ste C City and State Plant City, FL (Street and Number) (5) Zip Code 33563 Telephone No. 813-764-8183 (6) E-Mail dmills@muellerservicecompany.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: David Mills, President Robert Barker, VP and Secretary Stacey K Greer, Asst Secretary Revised 5/01/08 Contract No. MS0901 Page 13 of 66 Pages MUELLER SERVICE CALIFORNIA, INC. INCUMBENCY CERTIFICATE I, Robert Barker, the duly appointed and acting Executive Vice President and Corporate Secretary of Mueller Service California, Inc. (the "Company"). HEREBY CERTIFIES THAT: Set forth below are the names, the respective offices and the true and genuine specimen signatures of the duly elected, qualified and acting officers of the Company authorized to execute and deliver legal documents on behalf of the Company: Name David Mills Stacey K. Geer Office President and General Manager Vice President and Assistant Secretary Signature *£~~2 -7^s&^S*- ^«— ^ ^koUf s^^Jn All capitalized terms used herein, unless otherwise defined herein, shall have the meanings therefor set forth in the Credit Agreement. ,, // IN WITNESS WHEREOF, I have hereunto set my hand this /7^- day of June, 2009. (XL, Robert Barker Executive Vice President and Corporate Secretary I, Stacey K. Geer, the Vice President and Assistant Secretary of the Company, hereby certify that Robert Barker is the duly elected or appointed and acting Executive Vice President and Corporate Secretary of the Company and the foregoing signature of such officer on this Certificate is true and genuine. Stacey K. Vice President and Assistant Secretary 066185-0002-1 111 4-NY03.2595504.3 BID SECURITY FORM (Check to Accompany Bid) Water Meter Purchase and Replacement Contract No. MS0901 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified "Cashier's check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of Dollars ($_J, This amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the District, provided this proposal shall be accepted by the District through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the District if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 5/01/08 Contract No. MJ Page 14 of 66 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL Water Meter Purchase and Replacement Contract No. MS0901 KNOW ALL PERSONS BY THESE PRESENTS: Mueller Service California, Inc. That we, D/B/A Mueller Service Co. , as Principal, and Liberty Mutual Insurance Company as Surety are held and firmly bound unto the Carlsbad Municipal Water District, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) 10% of Amount Bid for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: Water Meter Purchase and Replacement Contract No. MS0901 in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District. Revised 5/01/08 Contract No. MS0901 Page 1 5 of 66 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 23rd day of. PRINCIPAL: Mueller Service California, Inc. D/8/A Mueller Service Co. June .2009 .day (print name here) <W Executed by SURETY this 18th of June . 2Q09 T SURETY: Liberty Mutual Insurance Company (name of Surety) 175 Berkeley Street, Boston, MA 02117 (address of Surety) 215-591-3407 (telephone number of Surety) Jeri Apodaca (printed name of Attorney-in-Fact) lowing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel Revised 5/01/08 Contract No. MSO Page 16 of 66 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On G • V *& Date personally appeared before me, Here Insert Name and Title of the Officer J. Name(s) of Signer(s) LISA KAY CRAIL Commission # 1723222 Notary Public - California < Riverside County - MyComm.Exp»»f«b2.2011 { who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity , and that by her signature on the instrument the person , or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS Signature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: ( ' I j?' 0 . Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: . 9/W\Q CT,V D Individual tf Corporate Officer — Title(s): D Partner — D Limited D General P Attorney in Fact D Trustee D Guardian or Conservator D Other: _ _____ Signer Is Representing: _ RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top ot thumb here i <». : ft ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wvm.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oran9e On 6/18/2009 Date personally appeared before me,Lisa Kay Crail, Notary Public Here Insert Name and Title of the Officer Jeri Apodaca Name(s) of Signer(s) USA KAY CRAIL CommlMlon* 1723222 Notary Public • California Riverside County MyComm.Expfcesfeb2.2011 who proved to me on the basis of satisfactory evidence to be the person whose name ia subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity , and that by her signature on the instrument the person , or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m Place Notary Seal Above Signature. OPTIONAL - ( 1 SigtaterTeof Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Jeri ApodacaSigner's Name:. D Individual D Corporate Officer — Title(s): D Partner — D Limited D General Bl Attorney in Fact D Trustee D Guardian or Conservator D Other: . Signer Is Representing: Liberty Mutual Insurance Company BIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: IGHTTHUMBPRINTOF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NattonalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 1962817THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 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. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint RHONDA C. ABEL, NANETTE MARIELLA-MYERS, JAMES A. SCHALLER, JANE KEPNER, MICHAEL D. PARIZINO, JERI APODACA, LINDA ENRIGHT, RACHELLE RHEAULT, ROSA E. RIVAS, ALL OF THE CITY OF IRVINE, STATE OF CALIFORNIA , 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 FIVE MILLION AND 00/1OO**************" a-—ONE HUNDRED SEVENTY l-i "(5ir, > I w m k-I iT o lew +* ls\i I ~ o> o IJ*8 DOLLARS ($ 175,000,000.0 _) 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 XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company 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 Company 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 Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 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 XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company 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 Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 8th day of June _ , 2006 _ . !§X COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY day of June LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliott, Assistant Secretary 2006 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledgedOn this _8tl that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH first above written CERTIFICATE nto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year ANrtaWSel Tsrwa Mote, Notary pubfc . My CormSsstofi Expires Mar, It,, X:'6 By7Teresa Pastella, Notary Public Mwnbw, j»#MMyte*n!a Association of Noterte I, the undersigned, Assistant Secretary of Liberty Mutual Insurance Company, 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 XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. 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 Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. 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 name and affixed the corporate seal of the said company, this June 2009 /\ By 18th .Q > ns ^°OH 0) C5 «JO co-l .52 o.CO o>o s §6o,- 0<P . day of David M. Carey, Ass&iSrit Secretary Company Profile Page 1 of2 CALIFORNIA I DEPARTMENT Of INSURANCE Company Profile Company Search Company Search Results CompanyInformation Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information LIBERTY MUTUAL INSURANCE COMPANY 175 BERKELEY ST BOSTON, MA 02116 800-262-8238 Old Company Names back to top Agent For Service KAREN HARRIS 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO CA 95833 back to top Reference Information back to top NAIC Group List Effective Date NAIC #: California Company ID #: Date Authorized in California: License Status: 23043 1022-3 08/30/1929 UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MASSACHUSETTS NAIC Group #: back to top 0111 LIBERTY MUT GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 6/24/2009 Company Profile Page 2 of 2 FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top i 2008 California Department of Insurance http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 6/24/2009 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 District of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 5/01/08 Contract No. MS0901 Page 17 of 66 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the Board of Directors in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the Board of Directors shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. m¥ Revised 5/01/08 Contract No. MS0901 Page 18 of 66 Pages l ) o o o o o o o o O o o *«'*. w DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) Water Meter Purchase and Replacement Contract No. MS0901 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 •t-, ' . -. . l - Portion of Work N/A Subcontractor Name and Location of Business N/A Subcontractor's License No. and Classification* N/A Amount of Wprfc% Subcontractor in Dollars* N/A • of l pages of this Subcontractor Designation form PursurfpHo section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by ttdrBidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 5/01/08 Contract No. MS0901 Page 19 of 66 Pages C ) o II ) n ci ti o n BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) Water Meter Purchase and Replacement Contract No. MS0901 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. o I r Ooooo Date Contract Completed 1/31/09 4/6/10 9/1/09 Name and Address of the Employer Broward County, FL2555 W Copans Rd, Pompano Beach, FL 33069 City of Pasadena, 150 S Robles Ave, Pasadena CA 91101 Golden State Water Co2143 E. Convention Center Way, Ste 1Ontario, CA 91764 Name and Phone No. of Person to Contract Carlos Garcia954-520-5881 Jeff Sheppard 626-744-4456 Gabriel Gomez562-907-9200 -•' ' **• Type of Work Meter Replacement & Valve Assessment Yleter ReplacementValve Replacement Meter Replacement Amount of Contract $1.2 mil $750,000 $21,000 Revised 5/01/08 Contract No. MS0901 Page 20 of 66 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) Water Meter Purchase and Replacement Contract No. MS0901 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: D Comprehensive General Liability 0 Automobile Liability D Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 5/01/08 Contract No. MS0901 Page 21 of 66 Pages ^m^f CERTIFICATE OF LIABILITY INSURANCE PRODUCERAon Risk Services South, Inc.Atlanta GA Office3565 Piedmont Rd NE,Blgl,#700Atlanta GA 30305 USA PBoffi:fS663 28i-7l22 FAX,(847> 953-5390 INSURED Mueller water Products, Inc.1200 Abe mat hy Road N.E,Suite 1200Atlanta GA 30328 USA DATE(MM/DD/YYYY)10/07/2009 WIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND Oft ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURER A. ACE American insurance company 22667 INSUKBIB: INSURES C: INSURER 0: INSURER E: COVERAGES SIR applies per terms and conditions of the policy THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOfi THE POLICY PERIOD INDICATED. NOTWffHSTANDING PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGOREG ATE LIMITS SHOWN MAY HA Vf BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSft I A$i3H' LTR BWffiB A A A TYPE OP INSURANCE igNERAL LIABILITY ^ COMMERCIAL GENERAL UAHIHTY CLAIMS MAM pr"1 OCCUR OPXt AGOm-CAffi LIMIT APPLIES PER' 3 POLICY f~1 PRO pi LOCLJ JECT I— 1 ACTOMOBttK liABUJTY Yl ANY AUTO """ ALL OWNED AI.ITOS "™" SCHEDt^.ED AUTOS *~™ HIKRt) AUTOS *~" NON OWNHD AUTOS GARAGE UABII.WY '~~\ ANYAUtd EXCESS / UMBRELLA LIABILITY ^] OCCUR P~] CLAIMS MADE WORKERS <»Mf JNSATlON AND EMPLOYERS' LIABILITY 3UJS ANYPROPRIRtOR/PAfttNES/fXECLffrvfi 1 ..„...! OFIiCERAlKiffiER EXCLUDED(Mandatory in NH) lfve»r distctl» under SPECIAL PROVISION!. Mo* OTHER POLICY NUMBER XSL Qi24935J22 ISA H08581733 POLICY EFreCTTVK IHttSMMWH>i»"VV! 10/01/2009 10/01/2009 POLICY EXPIRATION 10/01/2010 10/61/2010 LIMITS BACH OCCURRENCE DAM AGE TCI RRNTFD PREMISES flU occmferac) MEft F.XP [ AW'ooe faaaii PERSONAL & ADV tNJl^!V OEMERAL AOOKEGATK PRODUCTS - COMPW AGG COMBINED SINGLE LIMIT (Eft accident) BODILY BUURY (Per person) BObllYlNIURY(Per.criitau) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY. EAACC AOG EACH OCCURRENCE AGGREGATE X |«e STAIUf rrQSYUMlTS |m OTH- E.L. EACH ACCIDENT E.L bISEASfi-EA EMPLOYEE E L DISEASE-POLICY 'ttflT $1,500,000 11,000,000 Jl.0^000 SI. 500, 000 J 5. 000, 000 55,000,000 12,000,000 $1.000,000 Jl, 000, 000 DESCRIPTION O.' OPERAilONS/LOCAtlONSW ElDCLFS/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of carlsbad is and an Additional Insured with respect to the General Li-ability policy. CERTIFiCATE HOLDER CANCELLATION city of carlsbadAttn: Patrick VaughanEngineering Department5950 El Camino Realcarlsbad CA 91008-7314 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOIE THE EXPIRATION . DATE THEREOF THE ISSUING INSURER WILL E.V'EAVOR TO MAO.30 DAYS WRIT™ NOTICE TO THE CERTIFICATE ft tDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL tWJijiNO OBL1O* WON OR LIABILITYOF ANY KIND UPON THE MSUl^RJJSp ^V <S O ^fiPREStNTATIVES AUTHORIZED MPRESmTAT»vf^\\(jy i f^k, T_]§ V W. ' \ V ^Lnf«***__-h>Certificate N«: 570036465825, Holder Identifier :*-,• 1 s I 11 ACORD 25 (2S09/01) C19«f-iW»* ACO.ttft CORPORATION. AH rights res*rved=g PUBLIC ENTITY ADDITIONAL INSURED ENDORSEMENT F Named Insured Mu*ll*r Water Products, Inc. Policy Symbol Policy Number Policy Period XSL G24935322 110/01/2009 to10/01/2010 Endorsement Number l Effective Date of Endorsement 10/01/2009 Issued By (Name of Insurance Company) ACE American Insurance Com|>aiiy_ Jtjeft »*-Iff ftyflumbtf. Th« f«m»i(td«f atWm informa^n is to he cogatted cn^viman ttijsjsnfltosgmerit Is toned gub«qyent to thejjgWfaion ff tte IMIJOV. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS COMMERCIAL GENERAL LIABILITY POLICY BUSINESS AUTO COVERAGE FORM SCHEDULE City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 ADDITIONAL INSURED It is agreed that the entity shown in (he Schedule, its Officers, Employees, and Agents are named as Additional insureds with respect to the operations and activities of the Named Insured. PRIMARY INSURANCE insurance provided by th is policy shall be primary insurance and no other insurance or self insured retention carried or held by the Scheduled Entity shall be called upon to contribute to a toss covered by insurance for the named insured. CANCELLATION CLAUSE Thirty (30) days written shall be given to the Scheduled Entity in the event of cancellation and/or reduction hi limits or coverage. SEVERABILITY OF INTEREST This insurance shall apply separately to each insured against whom daim Is made or suit is brought except with respect to the imrts of liability of the insuring company. Except as stated above and not In conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreemente, or exclusions of the policy (ies) to which this endorsement applies. All other terms and conditions of this policy remain the same. Authorized Agent o PUBLIC ENTITY ADDITIONAL INSURED ENDORSEMENT Named Insured Mueller Water Products, Inc. Policy Symbol I Policy Number XSL [G23747133 Polfcy Period 10/01/2008 to 10/01/2009 Endorsement Number 70 Effective Date of Endorsement 09/30/2009 Issued By (Name of Insurance Company) ACK American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS COMMERCIAL GENERAL LIABILITY POLICY BUSINESS AUTO COVERAGE FORM SCHEDULE City o£ Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 ADDITIONAL INSURED It Is agreed that the entity shown in the Schedule, its Officers, Employees, and Agents are named as Additional Insureds with respect to the operations and activities of the Named Insured. PRIMARY INSURANCE Insurance provided by this policy shall be primary insurance and no other insurance or self insured retention carried or held by the Scheduled Entity shall be called upon to contribute to a loss covered by insurance for the named Insured. CANCELLATION CLAUSE Thirty (30) days written snail Ke given to the Scheduled Entity in the event of cancellation and/or reduction in limits or coverage. SEVERABILITY OF INTEREST This insurance shall apply separately to each insured against whom claim is made or suit Is brought except with respect to the limits of liability of the insuring company. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy (les) to which this endorsement applies. All other terms and conditions of this policy remain the same. Authorized Agent 5 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) Water Meter Purchase and Replacement Contract No. MS0901 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? x 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 o 3 oooo BY CONTRACTOR: Mueller Service California, Inc (name qfjContractor) David Mills / President (print name/title) Om ••**.**? il Page _l of l pages of this Re Debarment form oRevised 5/01/08 Contract No. MS0901 Page 22 of 66 Pages „ s €1 * BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Water Meter Purchase and Replacement Contract No. MS0901 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? x yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X '* s 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? '$* x *) yes no ™" 4) Has the suspension or revocation of the license of any subcontractor's that you propose to I) perform any portion of the Work ever been stayed? o 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. ft it * _it (If needed attach additional sheets to provide full disclosure.) Page l of 2 pages of this Disclosure of Discipline form Revised 5/01/08 Contract No. MS0901 Page 23 of 66 Pages0 ^l| \& I) ooo BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) Water Meter Purchase and Replacement Contract No. MS0901 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. »om (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Mueller Service California. Inc. (name of Contraj (sign here) David Mills / (print name/title) Page 2 of pages of this Disclosure of Discipline form Revised 5/01/08 Contract No. MS0901 Page 24 of 66 Pages II O Ooon *«t NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 Water Meter Purchase and Replacement Contract No. MS0901 State of California County of David Mills ) ) ss.) (Name of Bidder) and says that he or she is President _, being first duly sworn, deposes (Title) Of Mueller Service California. Inc (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, 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 |"V^ day of ^LJ~»*JL , 20_O£_. Signature of Bidder Subscribed and sworn to before me on the I * day of Oo c (NOTARY SEAL) CONNIE SEAMON Notoiy Public - State of Florida Commission Expires Aug 12,2010 Commission * DO 540475 Signature of Notary Revised 5/01/08 Contract No. MS0901 Page 25 of 66 Pages Citv of Carlsbad Public Works - Contract Administration June 3, 2009 ADDENDUM NO. 1 RE: WATER METER PURCHASE AND REPLACEMENT BID NO. PWS09-29OPS, CONTRACT NO. MS0901 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. RHONDA HEATHER Associate Contract Administrator Attachment ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder;ture 1635 Faraday Avenue - Carlsbad, CA 92008-7314 * (760) 602-4677 • FAX (760) 602-8562 CITY OF CARLSBAD WATER METER PURCHASE AND REPLACEMENT CONTRACT NO. MS0901 Bid No. PWS09-29OPS Addendum No. 1 From: Mario Remillard, Project Manager Phone: (760)438-2722x7153 Fax: (760) 602-8562 No. of Pages: 2 (including this page) Date: June 3, 2009 Bid Opening Date: June 24, 2009 2:00 pm (unchanged) Addendum No. 1 Replace page 66 of the Contract Documents with the attached page 66. ON-SITE SUPPORT During the replacement program, some breakage is likely to occur to customer service lines and occasionally, District service lines. The District shall be immediately notified by the contractor of any customer or District line breakage. The District will make the necessary repairs at no expense to the contractor. NOTE: IF THE CURB STOP IS FROZEN OR DIFFICULT TO OPERATE, SKIP AND REPORT TO DISTRICT IMMEDIATELY: DO NOT USE FORCE. Contract No. MS0901 1 Addendum No. 1 discharge of water at the hose bib. The flushing process shall continue until water clears and any entrapped air has a chance to evacuate the line. This shall take an additional 10 to 20 seconds, depending on line size and proximity of hose bib to meter site. Flush the water as to not cause damage to landscaping. With flushing complete, hose bib can be shut down and once pressurization occurs, check for any sign of leakage and movement. 11. Customer Notice - Should meter continue to indicate flow after turning water back on Installer shall try to make contact with customer. If customer cannot be contacted the Installer shall turn the water off at the customer's valve (or curb valve if customer's valve is not functioning) and leave a blue door tag on front door explaining why the water is off. 12. Installation of Endpoint - Contractor shall plug Itron Endpoint connector into connector coming off of meter register. Endpoint should then be secured in box by placing it in upright position on bracket or pipe supplied by CMWD. 13. Completion - Contractor shall make every effort to restore site to its original condition. This shall include clean up of all debris (in and outside of box), maintenance of foliage/trees with minimal damage, etc. Contractor shall be responsible for any meter leakage after new installations for a period of one full billing cycle. WORKDAY COMPLETION At the end of each workday, and no later than the next morning, the Contractor (Project Manager) shall transmit the completed Service Order Forms to the Inspector or Project Manager. Meter and top plates will be returned to the District's yard, location to be determined by Project Manager. Care should be given to all old meters not to damage the register as the reading may need to be verified at a later date. The Contractor shall be responsible for turning in all meters; in the event that an old meter is not turned in, a salvage fee twice the current scrap value will be charged to the Contractor for that meter. If a new meter is not turned in or installed, the Contractor will be charged for the cost of the meter. ON-SITE SUPPORT During the replacement program, some breakage is likely to occur to customer service lines and occasionally, District service lines. The District shall be immediately notified by the contractor of any customer or District line breakage. The District will make the necessary repairs at no expense to the contractor. NOTE: IF THE CURB STOP IS FROZEN OR DIFFICULT TO OPERATE, SKIP AND REPORT TO DISTRICT IMMEDIATELY: DO NOT USE FORCE. Revised 5/01/08 Contract No. MS0901 - Addendum No. 1 Page 66 of 66 Pages of Carlsbad Public Works - Contract Administration June 9, 2009 ADDENDUM NO. 2 RE: WATER METER PURCHASE AND REPLACEMENT BID NO. PWS09-29OPS, CONTRACT NO. MS0901 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. ., RHONDA HEATHER Associate Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's SigncRup 1635 Faraday Avenue • Carisbad, CA 92008-7314 - (76O) 602-4677 • FAX (760) 602-8562 CITY OF CARLSBAD WATER METER PURCHASE AND REPLACEMENT CONTRACT NO. MS0901 Bid No. PWS09-29OPS Addendum No. 2 From: No. of Pages: Date: Bid Opening Date: Mario Remillard, Project Manager Phone: (760)438-2722x7153 Fax: (760) 602-8562 2 (including this page) June 9, 2009 June 24, 2009 2:00 pm (unchanged) Addendum No. 2 License Classification "A" has been added to the acceptable license types paragraph on page 6 of the NIB as noted below: SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES "... The following classifications are acceptable for this contract: C34 Pipeline, C36 Plumbing and A General Engineering Contractor." Contract No. MS0901 Addendum No. 1 Carlsbad Public Works - Contract Administration June 10, 2009 ADDENDUM NO. 3 RE: WATER METER PURCHASE AND REPLACEMENT BID NO. PWS09-29OPS, CONTRACT NO. MS0901 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. , f RHONDA HEATHER Associate Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 Bidder'sSignature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 » (760) 602-4677 - FAX (760) 602-8562 CITY OF CARLSBAD WATER METER PURCHASE AND REPLACEMENT CONTRACT NO. MS0901 Bid No. PWS09-29OPS Addendum No. 3 From: No. of Pages: Date: Bid Opening Date: Mario Remillard, Project Manager Phone: (760)438-2722x7153 Fax: (760) 602-8562 1 (including this page) June 9, 2009 June 24, 2009 2:00 pm (unchanged) Addendum No. 3 Register lens made of glass has been added to the acceptable Register lens type's specification. Item 11 on page 55 of the NIB as noted below: SPECIFICATIONS FOR METERS 5/8" THROUGH 2" DOMESTIC COLD WATER METERS 11. Register lens must be made of Grilamid plastic or glass and not cause any distortion to numerals. Lens must be convex, or higher than the register housings. Lens must not be recessed below register housing, and not excess more than V*" above register housing. Contract No. MS0901 Addendum No. 1 CONTRACT PUBLIC WORKS tf/7 /~\ This agreement is made this /<3-f<~- day of (V <LJ*-A-p-S' __ 20<3?. by and between the Carlsbad Municipal Water District of the City of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and Mueller Service California, Inc., dba Mueller Service Co. whose principal place of business is 2004 Wood Court Suite C Plant City Florida 33563 (hereinafter called "Contractor"). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: Water Meter Purchase and Replacement Contract No. MS0901 (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 District will be the interpreter of the intent of the Contract Documents, and the District's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, District shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The District shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by District about underground conditions or other job conditions is for Contractor's convenience only, and District does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by District. Revised 5/01/08 Contract No. MS0901 Page 26 of 66 Pages 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify District, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between District and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Revised 5/01/08 Contract No. MS0901 Page 27 of 66 Pages Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City of Carlsbad's policy for insurance as stated in City Council Policy # 70. (A) Coverage's And Limits Contractor shall maintain the types of coverage's and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the District or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1 ,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the District. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The District, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the District, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District, its officials, employees or volunteers. Revised 5/01/08 Contract No. MS0901 Page 28 of 66 Pages d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the District by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the District or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverage's for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-: VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the District and are to be received and approved by the District before the Contract is executed by the District. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), and (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may Revised 5/01/08 Contract No. MS0901 Page 29 of 66 Pages be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the Carlsbad Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. j^7^-^"\mi fNARi init/x *<~? 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the District, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the District by certified letter accompanying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the District to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the District may be substituted for monies withheld to ensure performance under this Contract. 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. Revised 5/01/08 Contract No. MS0901 Page 30 of 66 Pages 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, th£ 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: (name of Contractor) CAR muni By: (pri tle) here) MUNIGIPALWVATER/PtSTRICT, a oration/of trre StateTbf California (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL General Counsel By: Deputy GenerarCounsel CONNIE SEAMON NotwyPuWc-SMtofnoiUi CommiMionEx|*wAuQl2.2010 * DO 540475 Revised 5/01/08 Page 31 of 66 Pages ALL - PURPOSE ACKNOWLEDGMENT State of: FLORIDA County of: HILLSBOROUGH On 9/15/2009 Date before me,Connie Seamon Name of Notary Public personally appeared David Mills and Robert Barker [x] personally known to me OR Name(s) of Signer(s) LJ proved to me on the basis of satisfactory evidence to be the person(s) whose names(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), an that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CONNIE SEAMON Notary Public • State of Florida Commission Expires AUQ 12,2010 CommWon * 00 540475 f1 V Q<^GCL* Signature of Notary ATTENTION NOTARY:Although the information requested below is OPTIONAL, it may prove valuable to persons relying on this Acknowledgment and could prevent fraudulent reattachment of this certificate to another document. DESCRIPTION OF ATTACHED DOCUMENT THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT CITY OF CARLSBAD CONTRACT NO MS0901 - ADDENDUM 3 Title or Type of Document 8 INCLUDING THIS PAGE Number or Pages Date of Document Signer(s) other than named above Bond No. 019021025 LABOR AND MATERIALS BOND Board of Directors of the Carlsbad Municipal Water District located in the State of California, by Resolution No. 1370, adopted August 18, 2009, has awarded to Mueller Service California, Inc., dba Mueller Service Co., (hereinafter designated as the "Principal"), a Contract for: Water Meter Purchase and Replacement Contract No. MS0901 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water District and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, MUELLER SERVICE CALIFORNIA, INC.. dba MUELLER SERVICE CO., as Princinal. (hereinafter designated as the "Contractor"), and Liberty Mutual Insurance Cojnpanv as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of Four Hundred Twenty Nine Thousand One Hundred Twenty Nine Dollars ($429,129.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the'Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 5/01/08 Contract No. MS0901 Page 32 of 66 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 15th day of September _ > 20_0£ .day CONTRACTOR: Executed by SURETY this 15th of September _ _ 20.09 SURETY: Liberty Mutual Insurance Company (name of Contractor) By:. (name of Surety) 175 Rprkplpy .St., Rnst.nn, MA OP117 (address of Surety) (print name here) . 1/1 u-t ll-tn <Zf tJ i 1 i C&.l;£o-'Ai,A.. (title andpjjganization of signatory) (telephone number~ (print name here) ' -^(signatiire of Attorney-rrt^Fact) Wayne G. McVaugh (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel By: _ Deputy General counsel •tS^ExpMfcV"- *£SS^™* CONNIE SEAM NPuWic•State ' " 2 2010 Commission # D' - ';'5 Revised 5/01/08 Contract No. MS0901 Page 33 of 66 Pages ALL - PURPOSE ACKNOWLEDGMENT State of: FLORIDA County of: HILLSBOROUGH On 9/15/2009 Date before me,Connie Seamon Name of Notary Public personally appeared David Mills and Robert Barker [x] personally known to me OR Name(s)ofSigner(s) LJ proved to me on the basis of satisfactory evidence to be the person(s) whose names(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), an that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.CONNIE SE/ |-'i ^Pubfe-SWertFtorth • ^Crm*sfon&P*WAug12,2010 WITNESS my hand and official seal. Signature of Notary ATTENTION NOTARY:Aitnougn tne mrormation requested oeiow is or i IUNAL, it may prove vaiuaoie to persons relying on this Acknowledgment and could prevent fraudulent reattachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT DESCRIPTION OF ATTACHED DOCUMENT CITY OF CARLSBAD CONTRACT NO MS0901 LABOR & MATERIALS BOND Title or Type of Document 3 INCLUDING THIS PAGE Number or Pages Date of Document Signer(s) other than named above CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Pennsylvania County of Delaware On September 15th, 2009 before me, Adrienne Seaford t Notary Public. personally appeared Wayne G. McVaugh wno proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. (seal) Signature Ad COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ADRIENNE SEAFORD, NOTARY PUBLIC RADNORTWP. DELAWARE COUNTY MY COMMISSION EXPIRES DECEMBER 22.2010 Bond No. 019021025 FAITHFUL PERFORMANCE/WARRANTY BOND Board of Directors of the Carlsbad Municipal Water District located in the State of California, by Resolution No. 1370, adopted August 18, 2009, has awarded to Mueller Service California, Inc., dba Mueller Service Co., (hereinafter designated as the "Principal"), a Contract for: Water Meter Purchase and Replacement Contract No. MS0901 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water District, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, MUELLER SERVICE CALIFORNIA, INC., dba MUELLER SERVICE CO., as Principal, (hereinafter designated as the "Contractor"), and Liberty Mutual _ Insurance Company _ as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of Four Hundred Twenty Nine Thousand One Hundred Twenty Nine Dollars ($429,129.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Carlsbad Municipal Water District, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 5/01/08 Contract No. MS0901 Page 34 of 66 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 15th day of September .,20.09 CONTRACTOR: (name of Contractor) By: //••(sisign here) (print name here) (Title and Organization of Signatory) [sigjg here) (print name here) (Title and Organization of signatory) (Proper notarial acknowledgment of executid Executed by SURETY this 15th September SURETY: .-20. day of 09 Liberty Mutual Insurance Company (name of Surety) 175 Berkeley St. Boston, MA 02117 (address of Surety) 215-591-3407 (telephone number of Surety) _ afg'nature of Attorney-in-Fact) Wayne G. McVaugh (printed name of Attorney-in-Fact) (Attach corporate resolution showing current CONNIE SEAMON Ndwy Public - State of Florida Commission Expires Aug 12,2010 Commission * DD 540475 arTd~SURETV must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel Deputy General Counsel Revised 5/01/08 Contract No. MS0901 Page 35 of 66 Pages ALL - PURPOSE ACKNOWLEDGMENT State of: County of: FLORIDA HILLSBOROUGH On 9/15/2009 Date before me,Connie Seamon Name of Notary Public personally appeared [x] personally known to me OR CONNS SEAMON Notary PuMc • 8MB Of FkMttl ComminionExplnsAug 12.2010 CommWon iDO 540475 David Mills and Robert Barker Name(s) of Signer(s) LJ proved to me on the basis of satisfactory evidence to be the person(s) whose names(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), an that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. I *JL, O*I3JW-*A^ Signature of Notary ATTENTION NOTARY:Although the information requested below is OPTIONAL, it may prove valuable to persons relying on this Acknowledgment and could prevent fraudulent reattachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT DESCRIPTION OF ATTACHED DOCUMENT CITY OF CARLSBAD CONTRACT NO MS0901 FAITHFUL PERFORMANCE/WARRANTY BOND Title or Type of Document 3 INCLUDING THIS PAGE Number or Pages Date of Document Signer(s) other than named above Pennsylvania State County of Delaware On September 15th, 2009 before me, personally appeared Wayne G. McVaugh Adrienne Seaford . Notary Public. 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of fiaKfaKNia that the foregoing paragraph is true and correct.Pennsylvania WITNESS my hand and official seal. (seal)Signature COMMONWEALTH'OF PENNSYLVANI NOTARIAL SEAL ADRIENNE SEAFORD, NOTARY PUBLIC RADNOR TWP., DELAWARE COUNTY MY COMMISSION EXPIRES DECEMBER •>"> 2010 Liberty Mutual. POWER OF ATTORNEY No.5014 Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *SANDRA E. BRONSON; ROSEMARIE CAPONI; RICHARD A. JACOBUS; DENNIS C. LAUSIER; ELIZABETH MARRERO; MAUREEN MCNEILL; WAYNE G. MCVAUGH; MARY C. O'LEARY; ADRIENNE SEAFORD; DOUGLAS R. WHEELER; DARELLA E. WHITE; Philadelphia, Pennsylvania*************************************************************** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st day of March 2009 Dexter R. Leqg. Secretary.Timothy A. Mikolajewski. Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument maHng or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (') The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation /f*/ •-/ day of Dexter R. Legg, Secretary S-0974/DS 3/09 WEB PDF OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called "District" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the District pursuant to the Construction Contract entered into between the City and Contractor for Water Meter Purchase and Replacement Contract No. MS0901 In the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the District within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner. 2. The District shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the District makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the District pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the District. These expenses and payment terms shall be determined by the District, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the District. Revised 5/01/08 Contract No. MS0901 Page 36 of 66 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from District to the Escrow Agent that the District consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The District shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the District and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For District: Title FINANCE DIRECTOR Name Signature. Address 1635 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 District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 5/01/08 Contract No. MS0901 Page 37 of 66 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For District:Title PRESIDENT Name Signature. Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address Revised 5/01/08 Contract No. MS0901 Page 38 of 66 Pages SUPPLEMENTAL PROVISIONS FOR WATER METER REPLACEMENT CONTRACT NO. MS0901 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Project Manager is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Project Manager," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Project Manager", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Project Manager is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the Carlsbad Municipal Water District of Carlsbad, California. Board of Directors - the Board of Directors of the Carlsbad Municipal District of the City of Carlsbad. Revised 5/01/08 Contract No. MS0901 Page 39 of 66 Pages Deputy Public Works Director - the Deputy Public Works Director, Maintenance & Operations Department of the City of Carlsbad, or his/her approved representative. The Deputy Public Works Director is the third level of appeal for informal dispute resolution. Dispute Board - persons designated by the Executive Manager to hear and advise the Executive Manager on claims submitted by the Contractor. The Executive Manager is the last appeal level for informal dispute resolution. Executive Manager - the Executive Manager of the Carlsbad Municipal Water District or his/her approved representative. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent nor employee of the Agency or a public utility. Project Manager - the Public Works Supervisor, Meter Services Division or his/her approved representative for inspection, contract administration and first level for informal dispute resolution. Public Works Manager - the Public Works Supervisor's immediate supervisor and first level of appeal for informal dispute resolution. The Public Works Manager is the second level of appeal for informal dispute resolution 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments Bldg Building band Buildings CMWD Carlsbad Municipal Water District CSSD Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Comm Commercial DR Dimension Ratio E Electric G Gas gal Gallon and Gallons Gar Garage and Garages GNV Ground Not Visible gpm gallons per minute Revised 5/01/08 Contract No. MS0901 Page 40 of 66 Pages IE Invert Elevation LCWD Leucadia County Water District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit District OHE Overhead Electric OMWD Olivenhain Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawings SFM Sewer Force Main T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District mW Revised 5/01/08 Contract No. MS0901 Page 41 of 66 Pages SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General, Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board of Directors shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board of Directors and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the Board of Directors shall be final. 2-4 CONTRACT BONDS, The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and material suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000. 2) Fifty percent (50%) of the total amount payable, by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable be the terms of the contract if the contract exceeds ten million dollars ($10,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Project Manager. The bonds to secure payment of laborers and material suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other 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. Revised 5/01/08 Contract No. MS0901 Page 42 of 66 Pages If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999 supplements thereto, hereinafter designated "SSPWC", as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The plans consist of location listing and map delineating the work areas which are further detailed herein. 2-5.2 Precedence of Contract Documents, If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approve revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-6 AUTHORITY OF BOARD AND ENGINEER 2-6.1 Availability of Records, The Contractor shall, at no charge to the agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Project Manager may request. 2-6.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Project Manager, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this contract to do the same. The Project Manager shall have the right to monitor, assess, and evaluate Contractor's and its subcontractor's performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to the contract. At any time during normal business hours and as often as the Project Manager may deem necessary, upon reasonable advance notice, Contractor shall make available to the Project Manager for examination, all of its, Revised 5/01/08 Contract No. MS0901 Page 43 of 66 Pages and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Project Manager to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all of its subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed Revised 5/01/08 Contract No. MS0901 Page 44 of 66 Pages the Bid quantity by more than 50 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Project Manager, be paid pursuant to section 3-3, Extra Work. Revised 5/01/08 Contract No. MS0901 Page 45 of 66 Pages 3-3.2.2 ( c ) Tool and Equipment Rental, Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures... 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Project Manager. 3-4 CHANGED CONDITIONS. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Project Manager, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Project Manager due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Project Manager upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the District with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. Revised 5/01/08 Contract No. MS09Q1 Page 46 of 66 Pages "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed finaj^stimatejn order for it to be further considered." Title: Company Name: ff)^,((^^^t.,t Cul.£e^ *<- .&*/-. . dh~ /7lve(/#i Se'*>,e< Co. The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Project Manager within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Project Manager at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Prior to proceeding with dispute resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1 . Project Manager 2. Public Works Manager 3. Deputy Public Works Director The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the District will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the District will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the Executive Manager after which Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the Executive Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1 , Article 1 .5 (commencing with Section 20104) which is set forth below: Revised 5/01/08 Contract No. MS0901 Page 47 of 66 Pages ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For Revised 5/01/08 Contract No. MS0901 Page 48 of 66 Pages purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Revised 5/01/08 Contract No. MS0901 Page 49 of 66 Pages SECTION 4 - CONTROL OF MATERIALS A 4-1 MATERIALS AND WORKMANSHIP. 4-1 .3.1 General, The Contractor shall provide the Project Manager free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Project Manager with such information as may be necessary to keep the Project Manager fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Project Manager, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Project Manager and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Project Manager. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1 .5 percent for any batch. Revised 5/01/08 Contract No. MS0901 Page 50 of 66 Pages 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or Revised 5/01/08 Contract No. MS0901 Page 51 of 66 Pages 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investiga- tion will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-1.6 Trade names or Equals, "Unless otherwise authorized by the Project Manager, the substantiation of offers must be submitted within 35 days after the award of Contract." The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Project Manager, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-2 MATERIALS TRANSPORTATION, HANDLING & STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quality and quality received, prepare storage area(s), store, handle, protect, move relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2 and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Project Manager a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Project Manager shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Revised 5/01/08 Contract No. MS0901 Page 52 of 66 Pages SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon request to the Project Manager, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Project Manager. Revised 5/01/08 Contract No. MS0901 Page 53 of 66 Pages 5-5 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 5 calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Project Manager will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. 6-2 PROSECUTION OF WORK. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes: SCOPE OF WORK A. All references to materials shall be understood to mean fittings and hardware. B. Purchase and delivery of approximately 788 new 5/8 - 2" domestic cold water meters. C. Removal and Installation of approximately 998 5/8 - 2" domestic cold water meters and turbo meter chambers. D. The Provider of the 788 new meters will deliver said meters to the Project Manager at 5950 El Camino Real, Carlsbad, prior to date of commencement of installation. E. Cleaning of meter boxes, interior 2" below bottom of meter. F. Disconnection and removal of existing water meters or top plates (turbo meters). G. Installation of new water meters or top plates (turbo meters). H. The Installer of the new meters and top plates will obtain an address listing and new meters and top plates for installations each work day from the Project Manager at 5950 El Camino Real, Carlsbad. I. The Remover of the old meters and top plates will return the old meters and top plates to the Project Manager at the end of each work day. J. Replacement of meter boxes as required. Indicate if boxes are found to be damaged before performance of any work, that proper notification with District Representative has been made. Revised 5/01/08 Contract No. MS0901 Page 54 of 66 Pages If the inlet and outlet valves are not accessible from inside the box, then the meter box will be replaced to current District Standards. Meter boxes will be provided by the District and set to grade by Contractor. K. Installation of Itron Endpoint (Encoder/Receiver/Transmitter). Endpoint will be programmed by CMWD prior to being taken into the field. Optional Item. SPECIFICATIONS FOR METERS 5/8" THROUGH 2" DOMESTIC COLD WATER METERS 1. Meters must meet or exceed current AWWA standard (c-700-90), except as herein modified. 2. Meters shall meet or exceed the American Water Works Association Standard C707-R92 for Encoder-Type Remote-Registration systems for Cold Water Meters when equipped with an open architecture radio endpoint. 3. Meters shall be displacement type only. 4. Meters shall have straight external threads for 5/8" through 1". 11/2" and 2" meters will have oval flange ends. 5. Meter body components resisting pressure shall be bronze, main cases and bottom plates shall also be bronze. 6. Cover(s) and bottom plate(s) shall be secured by bolts threaded into the main case. Bolts shall be bronze or 316 stainless steel. No nut and bolt combination will be allowed. 7. Measuring Chambers shall be made of a suitable engineered plastic as described in AWWA C-700-90. The Chamber design shall be of the Oscillating Piston or Nutating Disc Style with a magnetic coupling. For durability the measuring chamber magnet shaft shall be stainless steel and the magnet shrouded into the molding to ensure magnetic coupling even if the magnet is cracked. The measuring chamber shall incorporate a locating device that aligns to the main case of the meter to ensure proper chamber orientation and alignment and shall be locked into place with a retainer. The chamber shall be designed to reduce wear, extend accuracy life and must not exceed the following Nutations or Oscillations per gallon: Size Nutations Per Gallon 5/8" 58 3/4" 33.3 1" 15.3 8. A certificate of testing for accuracy of the registration for each meter is required. 9. The serial numbers of each meter shall be imprinted on both the register box lid and main case, and be visible from the top of the meter. 10. Register box and lid shall be bronze or suitable engineered plastic. Must read in cubic feet. Registers shall be magnetic driven, permanently sealed by the manufacturer and shall provide for easy visual registration at the meter. Registers shall incorporate a means of field testing and a low flow or leak indicator. The register shall be secured to the meter main case by a tamper resistant bayonet-style locking mechanism, and not require any special tools to remove locking pin protecting against unauthorized removal of the register. Safety wiring or standard bolts and screws are not an acceptable method of tamper proofing. 11. Register lens must be made of Grilamid plastic and not cause any distortion to numerals. Lens must be convex, or higher than the register housings. Lens must not be recessed below register housing, and not excess more than 1/4" above register housing. 12. The last two digits, indicating ten cubic feet & one cubic foot on the register dial shall be easily distinguished from the balance of the digits by contrast. 13. Meters must have a nationally publicized exchange program and warranty program. 14. The face to face length and maximum profile height of the meters shall be as follows: Revised 5/01/08 Contract No. MS0901 Page 55 of 66 Pages o Meter Size — Face to Face Dimensions — Maximum Profile Height 5/8" x 3/4" 7-1/2" 5-1/2" 3/4" 9" 5-1/2" 1" 10-3/4" 5-1/2" 1-1/2" 13" 6-1/2" 2" 17" 6-1/2" (Maximum profile height means center of inlet to the top of the register cover) 15. All meters shall meet or exceed current AWWA C- 700 new meter normal and minimum flow test and accuracy standards for a minimum period of one year from the date of manufacture. All meters shall meet or exceed current AWWA repaired meter flow test and accuracy standards for a minimum period of ten years from the date of manufacture. 16. All meters shall operate properly under a continuous working pressure of 150 pounds per square inch (psi) without leakage or damage to any meter components. 17. CMWD wishes to obtain the newest technology available in encoder registers with the stipulation that this technology must have been manufactured for a minimum of 5 consecutive years prior to this date. The register shall be a true absolute encoder register that provides direct electronic transfer of meter reading information to any number of AMR device options without physically contacting the odometer wheels. Minimally, a Water Savesource 200WP Endpoint. 18. The encoder register shall send data in ASCII format (American Standard code for Information Interchange) to the Endpoint. The encoder register shall transmit the complete odometer wheel reading, a minimum of 6 digits and all 10 positions. The register identification number shall be a minimum of 8 digits. The number will be factory set and never duplicated and shall also be sent to the reading device. 19. Pulse accumulating register technology, Piezo, Reed, or type switches, and registers utilizing solar power or artificial light for operation will not be accepted. 20. Registers shall not be oil-filled 21. For pit setting installations, the encoder register shall be permanently factory sealed with an epoxy coating of all terminal connections. A waterproof in-line Itron cable connector shall be used to attach Endpoint. The register shall employ color-coded wires for ease of trouble shooting. 22. All wiring for Endpoints shall be installed and potted by the manufacturer. 23. No wire splicing of any kind shall be required to be performed during installation for pit set encoder registers with Endpoints. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. €5•F Revised 5/01/08 Contract No. MS0901 Page 56 of 66 Pages Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, Am¥ Revised 5/01/08 Contract No. MS0901 Page 57 of 66 Pages labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. The Contractor shall diligently prosecute the work to completion within 45 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Unless otherwise approved in writing by the Project Manager, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Sundays, excluding Agency holidays. The Project Manager may approve work outside the hours stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. The Project Manager will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Project Manager is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Project Manager's judgment, the Work has been Revised 5/01/08 Contract No. MS0901 Page 58 of 66 Pages completed and is ready for acceptance the Project Manager will so certify to the Board. Upon such certification by the Project Manager the Board may accept the completed Work. Upon the Board's acceptance of the Work the Project Manager will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $250.00. Execution of the Contract shall constitute agreement by the Agency and Contractor that $250.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. Revised 5/01/08 Contract No. MS0901 Page 59 of 66 Pages SECTION 7 - RESPONSIBILITIES of the CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimina- tion because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. Revised 5/01/08 Contract No. MS0901 Page 60 of 66 Pages 7-7 COOPERATION AND COLLATERAL WORK. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Project Manager, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Project Manager may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.5 Temporary Light, Power and Water. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control, The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWG, NPDES General Permit number CAS000002 and the "Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity". 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PUBLIC CONVENIENCE AND SAFETY. 7-9.1.1 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-10 LAWS TO BE OBSERVED. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. Revised 5/01/08 Contract No. MS0901 Page 61 of 66 Pages SECTION 8 - MEASUREMENT & PAYMENT 8-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 8-1.4 Units of Measurement, The system of measure for this contract shall be the U.S. Standard Measures. 8-2 PAYMENT. 8-2.1 General. Guarantee periods, shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." 8-2.2 Partial and Final Payment. Each month, the Project Manager will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Project Manager shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Project Manager with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Project Manager shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Project Manager determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Project Manager, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. After final inspection, the Project Manager will make a Final Payment Estimate and process a corresponding payment. The estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Project Manager and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Project Manager will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Project Manager will be subject to resolution as specified in subsection 3-5, Disputed Work. Revised 5/01/08 Contract No. MS0901 Page 62 of 66 Pages The written statement filed by the Contractor shall be in sufficient detail to enable the Project Manager to ascertain the basis and amount of said disputed items. The Project Manager will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Project Manager to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 8-2.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Project Manager to ascertain the basis and amount of said claims. The Project Manager will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Project Manager to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Project Manager. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. •^ Revised 5/01/08 Contract No. MS0901 Page 63 of 66 Pages TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS WORKER IDENTIFICATION All contractor field representatives will wear a badge and presentable clothing (uniforms desired) clearly identifying the Contractor's company name. A safety vest is mandatory for all field personnel. Field representatives will be neatly groomed while working in the field representing the District and shall treat consumers with the utmost courtesy since this may be the only contact that the consumer has with District representatives. Installers must promote a professional image and use appropriate language at all times. All vehicles shall have some type of decal identifying the contractor. Also, all vehicles must be in good repair and have a current valid license plate. SAFETY PRECAUTIONS Safety cones will be placed at the curb and pedestrian walkway to alert pedestrians of ongoing work. In the event work is taking place on a busy street requiring traffic lane closure, all delineation must be in place and set-up according to the WATCH handbook. The Contractor shall provide a fire extinguisher to each installer using a torch to replace meters. In addition to all essential tools and equipment, contractor will provide each installer with protective eye wear, gloves, and other safety equipment as required. Employees shall carry adequate first aid supplies to provide minor medical assistance. In the event of injuries requiring professional medical assistance, employees should at all times be aware of the nearest medical facilities. WATER SUPPLY PROTECTION No chemicals will be used in our around the water service line or within the meter pit. Weeds will be manually removed and ants or other insects will be flushed away from the meter replacement area with clean water only. Contractor shall verify that water is turned back on after completing installation, or if water was in an OFF position upon arrival that it is turned off prior to leaving each site. Contractor shall be back- charged at City's current hourly rate if the District must dispatch a service person to turn on/off the water following Contractor's failure to do so. All water lines will be thoroughly flushed when being placed back in service after meter exchange. In cases where the Contractor has not properly flushed a line, Contractor shall be fully responsible for repairing any clogged faucets, toilets or any other plumbing fixtures in the home for a total of one complete billing cycle (30 - 60 days). Should reports of clogged lines or plumbing problems be received after hours and require a District employee to respond, the Contractor will be back charged for services performed. DIVISION 02 - SITE WORK STEPS FOR METER REPLACEMENT Below are the steps an installer is to follow at every subject meter setting: 1. Setting Identification - Upon arrival to a designed meter site, installer shall verify location by matching address, whenever possible, and the serial number of meter on the Service Order form to meter in box. If numbers match, the installers can proceed. Should there be a discre- pancy between exchange service order form serial number and subject meter number, installer shall verify street location and note discrepancy on exchange service order form. Inspection of register shall also be made at time of initial identification to determine any usage Revised 5/01/08 Contract No. MS0901 Page 64 of 66 Pages on service location at that time. Identify existence and condition of meter couplings, if non- existent or in bad shape, skip meter and report to District within 24 hours. 2. Cleaning of Meter Box - Installer shall clean dirt and debris out of meter box to a level of 2" below bottom of water meter. 3. Customer Contact -CMWD will schedule water shut offs with all Businesses and Medical Offices prior to replacement of new meter. Before water is shut off installer will make contact with customer to advise them that the water is about to be turned off. In the case of single-family residence installer shall knock on all customer doors and advise them of the nature of their visit and that water service will be interrupted for a short period of time. If no one comes to the door and movement of meter is present, installer shall bypass setting temporarily and return a short time later. Should no one be home and the meter is not indicating flow, installer shall proceed with exchange and place a door tag to notify customer of meter exchange. In cases where customer refuses to have meter replaced, skip locations and make a note on the service order as such and report to District within 24 hours. 4. Isolation At House And Business - After customer notification, installer shall locate customer house or building shut-off valve and depending on condition of house or building valve, close. (NOTE: Debris in meter pit should be removed prior to disruption of water service). Care should be taken when operating customer's valve, extreme force should not be used to open or close the valve. If valve is not operating, change meter with valve open. All debris from meter pit is to be removed prior to leaving each job site. 5. Isolation At Curb - Installer shall place safety cones at curb and walkway. Installer shall then shut off inlet curb valve taking care not to make abrupt movements that may damage valve. District will conduct training on various shutoff valves. NOTE: IF THE CURB STOP IS FROZEN OR DIFFICULT TO OPERATE, SKIP AND REPORT TO DISTRICT: DO NOT USE FORCE. ALSO, IF SHUT OFF VALVE IS IN THE OFF POSITION PRIOR TO REMOVAL OF METER, VALVE WILL NEED TO BE PUT BACK IN THE SAME POSITION AFTER INSTALLING THE NEW METER AND THE LINE HAS BEEN FLUSHED. 6. Removal Of Meter - With line isolated, installer shall cut or loosen both meter coupling nuts or bolts and remove old meter from service. Coupling faces shall be inspected and as neces- sary, shall be scraped to remove any residue of the old gasket to assure a smooth surface. Old meter will be washed off and tagged with meter tag indicating old meter number, meter size and address. On the back of the bottom half of the tag, the new number shall be indi- cated. 7. Removal Of Top Plate (Turbo Meters) - With line isolated, installer shall loosen top plate nuts and remove old top plate and chamber from meter body. Top plate faces shall be inspected and as necessary, shall be scraped to remove any residue of the old gasket to assure a smooth surface. Old top plate will be washed off and tagged with meter tag indicating old meter number, meter size and address. On the back of the bottom half of the tag, the new number shall be indicated. 8. Installation Of New Meter - New meter shall be installed in place of removed meter with new meter gaskets and new 1 !4" x 1" brass bushing where necessary. New nuts and bolts shall be used on the 1 1/2" and 2" meters. All supplied by the Contractor. 9. Installation Of New Top Plate (Turbo Meters) - New top plate and chamber shall be installed with new gasket. Installer may use old top plate nuts. Contractor is responsible for any meters installed backwards. The District will back- charge the Contractor for consumption of all meters that are installed backwards and for the time spent for correction. 10. Flushing Of Line - Installer shall locate the hose bib nearest to the meter. Hose bib valve shall be fully opened by installer then curb stop will be partially opened for approximately 10 to 15 seconds to remove any dirt or debris and then taken to a full open position with full omW Revised 5/01/08 Contract No. MS0901 Page 65 of 66 Pages discharge of water at the hose bib. The flushing process shall continue until water clears and any entrapped air has a chance to evacuate the line. This shall take an additional 10 to 20 seconds, depending on line size and proximity of hose bib to meter site. Flush the water as to not cause damage to landscaping. With flushing complete, hose bib can be shut down and once pressurization occurs, check for any sign of leakage and movement. 1 1 . Customer Notice - Should meter continue to indicate flow after turning water back on Installer shall try to make contact with customer. If customer cannot be contacted the Installer shall turn the water off at the customer's valve (or curb valve if customer's valve is not functioning) and leave a blue door tag on front door explaining why the water is off. 12. Installation of Endpoint - Contractor shall plug Itron Endpoint connector into connector coming off of meter register. Endpoint should then be secured in box by placing it in upright position on bracket or pipe supplied by CMWD. 13. Completion - Contractor shall make every effort to restore site to its original condition. This shall include clean up of all debris (in and outside of box), maintenance of foliage/trees with minimal damage, etc. WORKDAY COMPLETION At the end of each workday, and no later than the next morning, the Contractor (Project Manager) shall transmit the completed Service Order Forms to the Inspector or Project Manager. Meter and top plates will be returned to the District's yard, location to be determined by Project Manager. Care should be given to all old meters not to damage the register as the reading may need to be verified at a later date. The Contractor shall be responsible for turning in all meters; in the event that an old meter is not turned in, a salvage fee twice the current scrap value will be charged to the Contractor for that meter. If a new meter is not turned in or installed, the Contractor will be charged for the cost of the meter. ON-SITE SUPPORT During the replacement program, some breakage is likely to occur to customer service lines and occasionally, District service lines. The District shall be immediately notified of any customer line breakage. The Contractor's bid shall include provision for all needed materials to repair customer's service line. The District shall provide any needed meter boxes or lids or, as its option, reimburse Contractor for provision of same. Contractor or Crew Leader(s) shall be prepared to repair any damage to customer service line with the same quality materials as District uses at no expense to the District. The Contractor shall guarantee repairs for one full billing cycle after replacement of meter. Breakage to District lines shall be reported immediately to District. Note: The Contractor will repair all broken District service lines that are created by the meter replacement at no charge to the District; any repairs performed by District personnel will be back charged to the Contractor. Customer line and service lines breakage will be defined as, but not limited to, breakage of couplings, valves, lines or fittings within three (3) feet of the meter box; broken house valves and sprinkler heads broken by Contractor. Landscaping, personal property and cement or pavement damaged by Contractor shall also be replaced at Contractor's expense in a timely manner. The District retains the right to inspect and assign an inspector to oversee all work. Contractor will not be authorized to operate District main line gate valves to make repairs. Should a shutdown be required, contractor shall notify the Project Manager and a shutdown will be scheduled as soon as possible. Contractor shall be responsible for any meter leakage after new installations for a period of one full billing cycle. omW Revised 5/01/08 Contract No. MS0901 Page 66 of 66 Pages