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HomeMy WebLinkAboutPullman Engineering Inc; 2001-08-15; 3816-1EL FUERTE 304NCH WATER MAIN FROM ALGA ROAD TO CHORILITO STREET CONTRACT NO. 3816-I PULLMAN ENGINEERING INC L <- --- CARLSBAD MUNICIPAL - WATER DISTRICT . - San Diego County - California --. CONTRACT DOCUMENTS AND -- SUPPLEMENTAL PROVISIONS , ..,. FOR El Fuerte Transmission Main CMWD PROJECT NO. 2000401 CONTRACT NO. 3816 MARCH 2001 -’ --. CARLSBAD MUNICIPAL WATER DISTRICT 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008 (760) 6029720 a !5/10/00 Contract No. 3816 Page 1 of 104 Pages TABLE OF CONTENTS m Paae Notice Inviting Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Contractor’s Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Bid Security Form . . . . . . . . . . . . . . . . . ..m................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Bidder’s Bond to Accompany Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Guidelines for Completing The “Designation Of Subcontractor Amount Of Subcontractor’s Bid” And “Designation Of Owner Operator/Lessor & Amount Of Owner Operator/Lessor Work” Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~....................................................................................... 18 Designation Of Subcontractors 81 Amount Of Subcontractor’s Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Designation Of Owner Operator/Lessor & Amount Of Owner Operator/Lessor Work . . . . . . . . . . . . . . 21 Bidder’s Statement Of Financial Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Bidder’s Statement Of Technical Ability And Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability Automotive Liability And Workers’ Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Bidder’s Statement Of Re-Debarment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Bidder’s Disclosure Of Discipline Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Contract Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Labor And Materials Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Faithful Performance/Warranty Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Escrow Agreement For Surety Deposits In Lieu Of Retention (Optional) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 q b 5/10/00 Contract No. 3816 Page 2 of 104 Pages SUPPLEMENTAL PROVISIONS Part 1 General Provisions Section 1 Terms Definitions, Abbreviations And Symbols l-l Terms ............................................................................................................... 42 1-2 Definitions ......................................................................................................... 42 l-3 Abbreviations .................................................................................................... 43 Section 2 Scope And Control Of The Work 2-3 Subcontracts .................................................................................................... 45 2-4 Contract ............................................................................................................ 45 2-5 Plans And Specifications .................................................................................. 46 2-7 Subsurface Data ............................................................................................... 52 2-9 Surveying ......................................................................................................... 52 2-10 Authority Of Board And Engineer ...................................................................... 55 2-12 Notices to Owners and Authority ...................................................................... 55 2-13 Unfavorable Construction Conditions ................................................................ 55 2-14 Design Engineer ............................................................................................... 55 2-15 Coordination with CMWD ................................................................................. 56 2-16 Coordination with Utilities .................................................................................. 56 Section 3 Changes In Work 3-3 Extra Work ........................................................................................................ 56 3-4 Changed Conditions ......................................................................................... 57 3-5 Disputed Work.. ................................................................................................ 58 Section 4 Control Of Materials 4-1 Materials And Workmanship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 4-2 Materials Transportation, Handling And Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Section 5 5-l 5-4 Utilities Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Section 6 6-l 6-2 6-6 6-7 6-8 6-9 Prosecution, Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ..................................... 62 Prosecution Of Work ........................................................................................ 63 Delays And Extensions Of Time ....................................................................... 64 Time of Completion .......................................................................................... 64 Completion And Acceptance.. ........................................................................... 64 Liquidated Damages.. ....................................................................................... 65 Section 7 7-l 7-3 7-4 7-5 7-7 Responsibilities Of The Contractor Contractors Equipment and Facilities ............................................................... 65 Liability Insurance.. ........................................................................................... 65 Workers’ Compensation Insurance.. ................................................................. 66 Permits ............................................................................................................. 66 Cooperation and Collateral Work.. .................................................................... 66 t”s 5/10/00 Contract No. 3816 Page 3 of 104 Pages 7-8 Project Site Maintenance .................................................................................. 66 . 7-10 Public Convenience And Safety ........................................................................ 67 7-13 Laws To Be Observed ...................................................................................... 71 7-16 Geologic Conditions .......................................................................................... 71 Section 9 Measurement & Payment 9-l Measurement Of Quantities For Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 9-3 Payment . . . . . . . . . . . . . . . . . . . ..*......* .*..*......................................................................... 72 Section 10 General 10-l work . . . . . . . . . . . . . . . . . . . . . . ..e..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Part 2 Construction Materials Section 207 Pipe 207-l 0 Steel Pipe ......................................................................................................... 76 207-25 Butterfly Valves ................................................................................................. 83 207-26 Underground Utility Marking Tape .................................................................... 86 Part 3 Construction Methods Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials ............ 88 301-l Subgrade Preparation ....................................................................................... 88 Section 302 Roadway Surfacing ........................................................................................... 88 302-l 1 Asphalt Pavement Repairs ............................................................................... 88 Section 306 Underground Conduit Construction ................................................................... 89 306-l Open Trench Operations .................................................................................. 89 306-I .2 Installation of Pipe ............................................................................................ 92 306- 1.4 Testing Pipelines, .............................................................................................. 95 306-9 Steel Pipe ......................................................................................................... 97 306-l 0 Appurtenances ................................................................................................. 97 306-l 1 Plastic Tape Coating with Mortar Overcoat for Potable Water Mains.. ............. .98 Section 310 Painting .......................................................................................................... 104 Section 313 Temporary Traffic Control Devices ................................................................. 104 313-2 Temporary Traffic Signing ............................................................................. 104 313-4 Measurement and Payment ............................................................................ 104 Appendix “A” Resident Notification Example Appendix “B” Geotechnical Investigation rr, +c 5/10/00 Contract No. 3816 Page 4 of 104 Pages INFORMATION FOR CONTRACTOR A. TO OBTAIN A COPY OF CURRENT PLAN HOLDERS LIST PHONE (760) 602-2460 B. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS Mark Biskup PHONE (760) 602-2763 Ic”d 5/10/00 Contract No. 3816 Page 5 of 104 Pages CARLSBAD MUNICIPAL WATER DISTRICT NOTICE INVITING BIDS Sealed bids will be deposited in the Bid Box located in the first floor lobby of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California, 92008-7314, until 4:00 P.M. on the 17”’ day of May, 2001, at which time they will be opened and read, for performing the work as follows: “El Fuerte Transmission Pipeline”. The work generally includes the manufacture, installation, testing, and disinfection of approximately 2,000 lineal feet of 30-inch plastic taps coated and cement lined and coated welded steel pipe including air-vacuum/air-release valves, blowoffs facilities, butterfly valves, cathotic test stations, and connection to existing pipelines. l CONTRACT NO. 3816 EL FUERTE TRANSISSION LINE The work shall be performed in strict conformity with the specifications as approved by the Board of Directors of the Carlsbad Municipal Water District on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction 2000 Edition, all hereinafter designated ‘SSPWC” as issued by the Public Works Standard, Inc. and as amended by the special provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. ‘The 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 or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (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 documents which comprise the Bidder’s proposal and that must be completed and properly executed, including notarization where indicated are: q kc 5/10/00 Contract No. 3816 Page 6 of 104 Pages 1. Contractor’s Proposal 2. Bidder’s Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder’s Statement of Financial Responsibility 7. Bidder’s Statement of Technical Ability and Experience 8. Acknowledgment of Addendum(s) 9. Certificate of Insurance, the riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract 10. Bidder’ s Statement Re Debarment 11. Bidder’s Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) *Pursuant to California Public Contracts Code section 4104(a)(2)(A) portions of the information required on documents numbers four and five, above, may be submitted by the Bidder up to twenty- four (24) hours after the deadline for submitting bids contained in this “Notice Inviting to Bid”. All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is $536,866 . Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds.=The following classifications are acceptable for this contract: ‘A” General Engineering. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable fee of If plans and specifications are to be mailed, the cost for postage should be added. $ 25.00 per set. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications’ or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to award of the contract neither addition to, modification of nor interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbadnor may any bidder rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. 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. kc 5/10/00 q Contract No. 3816 Page 7 of 104 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, “Subletting and Subcontracting Fair Practices Act.” The District Engineer is the District’s “duly authorized officer for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter I, of the Labor Code commencing with section 1720 shall apply to the Contract for work. No pre-bid meeting will be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price will be required for work on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars (5,000,OOO. 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 ($1 O,OOO,OOO). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 O,OOO,OOO). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the District until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets 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: ?3 5/10/00 Contract No. 3816 Page 8 of 104 Pages 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-:V 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 anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must.state the coverage is for “any auto” and cannot be limited in any manner. Workers’ compensation insurance required under this contract must be offered by a company . meeting the above standards with the exception that the Best’s rating condition is waived. The District does accept policies issued by the State Compensation Fund meeting the requirement for workers’ compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the Board of Director’s is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the 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. 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 Municipa! Water District of the City of Carlsbad, California, by Resolution No 1120 , adopted on the 3rd day of April D&e J' LORRAINE WOOD, IE”s 5/10/00 Contract No. 3816 Page 9 of 104 Pages CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE CONTRACTOR’S PROPOSAL Board of Directors Carlsbad Municipal Water District 1635 Faraday Avenue Carlsbad. California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3816 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SCHEDULE I: EL FUERTE TRANSMISSION LINE Item Approximate Unit No. Description Quantitv & Unit m Total 1 Mobilization and preparatory LS work at fimth ?~OUSQ~-KI NOT TO QQQQZ $ 20,ooo.” dowm find I-& ted EXCEED Dollars (Lump Sum) $20,000 amount not to exceed Five Thousand Dollars 2 Perform exploratory LS excavations at underground utility crossings and points of connections for the proposed transmission pipeline. lump sum at mwen I ~O”SnnO 4wo h& d dol~fi DollarL:Lump Sumf)’ m4 fwc~~ 3 Construct 30-inch Tape Coated and Cement Mortar 2,010 LF Lined and Coated Welded Steel Pipe lineal feet sum at DhP hAAndref!l dsh-tu QlOll6+f ‘j PAno no C.&&d Dollars (Per Lineal Foot) $ 1 8,200.0’v s 18,ad $ 180. 9 $ 3(# I, goo. r,o Contract No. 3816 Page 10 of 104 Pages 4 6 7 8 9 10 4-inch blow-off assembly at 3EA $JO +OllSAtuf Sewh h&&d fic;h-nc ‘i/icdoIltw~-+h~- Dolfars (Each) 30-inch CL 150 Butterfly valve at 3 EA wShouJmm sni hwdmi fd-r, 5/Y /bollavs a-4 noce4its Dollar$ (Each) 30-inch CL 250 Butterfly valve at 1 EA . lP\/@n --h.m-h0 .Gi SPAS A& dolIW Dollars (Each) #ncf nace*fA 2-inch Air Vacuum Release 8EA assembly at q-ii --poc/sAno “;p ph,,&e ddmrs md ruce& DoylarsTEach) Cathodic Test Station 2 EA assembly at g+Llo*u.ti +l-lm hunn ed dollrvrs n-t-10 no LeKts Dollar: (Each) Furnish & install temporary “traffic control”, signing & striping pavement markings, pavement markers $&teen --~MQTIO -&r b?unOrcd bo(l FWS and ntitdq Dollars (Lump Sum) 1 LS a786? $358. * 23, q3P qcLtp /x.400.45 iq, %c?q: Rubberized Emulsion Aggregate 4815 GAL LC-I 3a,trc.05 Slurrv Tvoe I RPME 5rz&i\sts and S&q sf en ted-5 1 Doiars (Per Gal) Total amount of bid for Schedule 1 in words: q,&, bu,qdr-bd uq &J~~I~/Iou.S~~ -J&T h.whed ecp-+pipt SWIMS ~lnd noce,-,+g Total amount of bid for Schedule 1 in numbers: 5 24~42 8 a a0 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 1 has/have been received and is/are included in this proposal. OPENED, WITNESSED AND RECORDED: ?a 5/10/00 p-7-q DATE SIGNATURE Contract No. 3816 Page 11 of 104 Pages City of Carlsbad . May 9,200l ADDENDUM NO. 1 RE: EL FUERTE 304NCH WATER MAIN FROM ALGA ROAD TO CHORILITO STREET, Contract No. 3816-l 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 Proposal Form/Bid when your bid is submitted. RUTH FLETCHER Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder’s Signature 1635 Faraday Avenue l Carlsbad, CA 92008-7314 l (760) 602-2460 - FAX (760) 602-8556 tB The Undersigned has carefully checked all of the above figures and understands that the District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District of the City of Carisbad, the District may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacityyf a contractor within the State licensed under license number , classification which expires on and that this statement is true and correct and has the legal effect of A bid submitte who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall . be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 10164. The Undersigned bidder hereby represents as follows: 1. That no Board of Directors member, officer, agent, or employee of the Carlsbad Municipal Water District is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is 3 OtiO or Cashier’s Check) for ten percent (10%) of the amount bid. (Cash, Certified Check, Bond The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. ?3 5/10/00 Contract No. 3816 Page 12 of 104 Pages IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. 1F.A CORPORATION, SIGN HERE: . . (1) Name under which business is conducted ~I~rnfud EhJwnfwfv=i 5-x. ,’ J (2) (Signature) I ?rcsI’dwt (Title) Impress Corporate Seal here v3 5/10/00 Contract No. 3816 Page 13 of 104 Pages (3) Incorporated under the laws of the State of c 6 (4) Place of Business 4U-I 5 ci7m~R .3-i-ed Stc;-te ? (Street and Number) City and State 5Ati b&D, CA (5)ZipCode q?.jir Telephone No. S58-57%~ISoo 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: C!hRis Pull M eqh) -Pfes;dt.qf IA ?~llrr?c1)7 - Se(ye+ne~ I v3 5/10/00 Contract No. 3816 Page 14 of 104 Pages State of CAI County of 5Ar-3 0, e’q 0 ” INAMEISI OF SIGNERISII $&personally known to me -OR- Cl & roved to me on the asis of satisfactory evidence to be the GrsonMwhqse name(d. F subscribed to the wit in instrument and acknowledged to me that he/she/they executed the same in his/M/th authorized capacity(i er 1, and that by his/hef/th.Ar signature(#- on the instrument the person(#, or the entity upon behalf ;Etevdhlch the perso:Lz executed instru’ment. 3m my hand and official seal. I &i&y. RebeccaLymDe!Seiie ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. MIS CERTIFICATE TIN or Type 4 Document MUST BE AlTACklED TO THE DOCUMENT Number of Pager Date of Document DESCRIWD AT RIGHT: Siinerls) Other Than Named Above RIGHT THUMBPRINT IOptiond) CAPACITY CLAIMED BY SIGNERIS) •~NDIVI~UALISJ OCORPORATE _ OFFICER61 ITITLES) q PARTNERW OLIMITED q GENERAL OAlTORNEY IN FACT 0TRuSTEElS~ q GUARD~AN~C~NSERVATOR q OTHER: SIGNER Is REPRESENTING: (Name of Per~onh) o, Entity(h) RIGHT THUMBPRINT (Optionall CAPACITY CLAIMED BY SIGNERIS) q INDIVIDUALW q CORPORATE OFFICER61 ITITLESI q PARTNERM q LIMITED q GENERAL OATTORNEY IN FACT q TRUSTEE(S) •GUARDIANIC~NSERVATOR q OTHER: SIGNER IS REPRESENTING: (Name of Psrsonlr) or Entity(h) WOLCOTTS FORM 63240 Rev. J-94 IPIICC class 8.2AI Q 1994 WOLCDTTS FORMS, INC. \ ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATlONfTWO FINGERPRINTS County of 56th ()le’qc> J personally appeared - INAMEISI OF SIGNERIS &ersonaliy known to me -OR- Cl & roved to me on the asis of satisfactory evidence to be the person&J whose name(g) Is/a?& subscribed to the within instrument and ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE We or Type ot Document MUST BE A-ITACHED TO ME DOCUMENT Number oI Pages Date of Document DESCRIBED AT RIGHT: Sipnerkl Other Then Named Above RIGHT THUMWRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) •INDI~~DUALW q CORPORATE _ OFFICER61 ITITUSI OPARTNERIS) q LlMmD OGENERAL q AlTORNEY IN FACT q TRUSTEEIS) q GUARDIANICONSERVATOR q OTHER: SIONER IS REPRESENTINO: IName of PerronW or Entitvksl RIGHT MUMBPRlNT (Optional) CAPACITY CLAIMED BY SIQNERISJ q l~DIviDuA~6) OCORPORATE OFFICER61 ,71TLCS, q PARTNERW q LIMITED q GENERAL q Al-rORNEY IN FACT q TRUSTEEW OGUARDIANICONSERVAT~R OOTHER: SIQNER IS REPRESENTINQ: (Name of Psrronls) or Entity(ier) WoLCOTTS FORM 63240 Rev. 3.94 ,vxe cl.,, 9-2Al 0 1994 WOLCOTTS FOAMS. INC. , ALL PURPOSE ACKNOWIEOGMENT WITH SIGNER CAPACITY/REPRESENTAT!ON~WO FINGERPRINTS BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of 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.) p3 5/10/00 Contract No. 3816 Page 15 of 104 Pages BIDDER’S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE KNOW ALL PERSONS BY THESE PRESENTS: That we, as Principal, and as Surety are held and firmly bound unto ;he Carlsbad Municipal Water District, Carlsbad: California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) 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: EL FUERTE TRANSMISSION PIPELINE, CONTRACT NO. 38161 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; othewise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District. 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 day of -12000. PRINCIPAL: Executed by SURETY this day of 919 * SURETY: (name of Principal) By: (sign here) (name of Surety) (address of Surety) (print name here) (Title and Organization of Signatory) By: (sign here) (print name here) (title and organization of signatory) (telephone number of Surety) By: (signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) Contract No. 3816 Page 16 of 104 Pages (Proper notarial acknowledge 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.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL General Counsel Assistant General Counsel ?3 !YlO/OO Contract No. 3816 Page 17 of 104 Pages BIDDER’S BOND TO ACCOMPANY PROP&AL CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE KNOW ALL PERSONS BY THESE PRESENTS: Til0t wb, - -9 IacL ‘, as Principal, and WsBMQloN~~Ri~~ANY as Surety are held and fkmly bound unto the Carlsbad Municipal Water District, Carlsbad, Callfomia, in an amOd as follows; (must be at least ten percent (100/a) of the bid amount) TENPERCEMOFAMXJNTBlD for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these plTlSfMS. THE CONDtT~ON OF THE FOREGOING OBLtGATlON IS SUCH that if the Proposal of the above- bounden Principal for: EL PlJERTE TRANSMtSSlON PIPELINE, CONTRACT NO. 38161 in the City of Cartsbad, is accepted by the Board of Directors, and if the Principal shall duty enter into and execute a Contract including required bonds and insurance pokies within twenty (20) days from the date of award of Contract by the Board of Directors of the Cartsbad Municipal Water District of the City of Carlsbad, berng 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 Distrld In the event Principal executed this bond as an indiviiwl, lt is agreed that the death of Prindpal shall not exonerate the Surety from its obligations under thk bond. Executed by PRINCIPAL this ’ 14th day of Ma, 2001 ,20#. PRINCIPAL: ptlLmAN-, INC. (name of Prinzipal) By’ &L (sign here) Executed by SURETY this 14th day of l4AY,2001 ,M? d SURETY: uAsmsmN-~lNsuRABcB aMPANY (name of Surety) 174ll IRI?TIltE BLVD., SIE H, tlXKtIN CA. 92780 (address of Surety) 714-838-9065 (telephone number of Surety) By: -&A& ri &f&&c’ , (:A (&:p, --/ (siqnature of Attorney-in-Fact) (3IRIs'HNEA.Pm (printed name of Attorney-In-Fact) (Attach corporate resolution .showing current power of attorney.) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be att&wf.) (President or vicu-president and secretary or assIstant secretary must sign for axporations. If only ok offtcer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorking the partner to axecute this instrument.) APPROVED AS TO FORM: RONALD R, BALL . Ass&&General C;ounsel &Jr7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California Countyof San Diego On s-14-01 MTE before me, America San Martin, Notary Public , NAME. TITLE OF OFFICER _ E.G.. -JANE WE. NOTARY PUBUG personally appeared Christine A. Paterson NAME(S) OF SIGNER(S) I q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(X) whose name(z) is- subscribed to the within instrument and ac- knowledged to me thatB&/shelraaE$ executed the same in his/her/their atithorited capacity(h), and that by XkdWher%&5% signature(z) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER c] INDIVIDUAL q CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT q PARTNER(S) q LlMfTED c] GENERAL q ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR [7 OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PER!SO&(S) OR ENN(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park. CA 91309-7184 WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OFA77ORNEY v v ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws 01 . . ,= State of Arizona, and having its principal office in the Village of Itasca. Illinois does hereby constitute and appoint * JEROLD D. HALL, SANDRA J. LITTLE, CHRfS A. LYDICK, LET/CIA SAN MARTIN, CHRISTINE A. PATERSON, VALERIE M. PEARCE, BART 8. STEWART AND J.T. WARNOCK EACH IN TffE/R SEPARATE CAPACIN its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and underlakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and / or,its principal officers. This Power of Attorney shall be limited in amount to $7,500,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22. 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. 2. The Chairman of the Board, President. Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. The signatures of the Chairman of the Board, the President. Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate. bond or undertaking relating thereto, by facsimile. Any such Power of Attorney. certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. -,.-, $:::!‘:.!.: IN ‘~TIM.ONY:~EREOF, the Washington International Insurance Company has caused this instrument to be signed and its corporate seal tr affixed by its authorbred officer, this 29th day of .- ;> .: ;? -5 . -.-p *- ‘: .C ‘.. -. : “.‘.” -....___ . --r z i..: : ‘+/ . .. ‘, . p;k‘: -- ATIONAL INSURANCE COMPANY : ;r,: : _. z gl; qYrd;e;: . . 2 %T*, Qbrr&2 ,& s+* l *.. ,,,.: q$ sT~&j-$-&#$ COUNTY d UPAGE) On this 29th day of November, 1999, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duty sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affied to said instrument is the Corporate Seal of said Company; reunto set my hand and affixed my Official Seal, the day and year first above written. STATE OF ILLINOIS) COUNTY OF DUPAGE) I. the undersigned, Vice-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 111. Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. ,c d and sealed in the County of Dupage. Dated the 14th day of MY 2001 DATE1 personally appeared INAMEISI OF SIGNERISIJ Kpersonally known to me -OR- Cl & roved to me on the asis of satisfactory evidence to be the person@ whose name@) Is/a& subscribed to the within instrument and acknowledged to me that he/s n-P /tMy executed the sa e 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 c$e2hlch the person(s) executed instru’ment. the Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. TIM CERTIFICATE TRIG or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Sioner(sl Other Than Named Above RIGHT THUMBPRINT (Optional) CAPACITY ClAIMED BY SIGNERIS) q INDIVIDUAL(S1 ~CORPORAIX _ OFFICER(S) lTm.Esl OPARTNERM q LIMITED q GENERAL OAlTORNEY IN FACT CITRUSTEE~S~ OGUARDIAN~C~NSERVAT~R q OTHER: SIGNER IS REPRESENTING: fNams of Per8onfrl or Entkyfiar) RIGHT THUMBPRINT (Optional] CAPACITY CLAIMED BY SIGNERIS) OIN~IVIDUALISI OC~R~J~RAE OFFICERfSl UITLES, q PARTNERW ~ILIMITED OGENERAL OATTORNEY IN FACT q TRUSTEE(SI q GUARDIANIC~NSERVAT~R q OTHER: SIGNER IS REPRESENTING: (Name of Perronlr) or Entityliar) WOLCOTTS FORM 83240 Rev. 3-94 Ipncc elms 8.2AI a ,994 WOLCOTTS FORMS, INC. AU. PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIAEPRESENTATlONfTWO FINGERPAINTS County of San On5 Pt 10 I 1 ‘IDATE) personally appeared o il~rhb c Ehe:JANE DOE. NOTARY PudLlC-1 INAMEISI OF SIGNER611 &personally known to me -OR- Cl E roved to me on the asis of satisfactory evidence to be the $‘SO” Y- F whose name,61 ubscribed to the wit in instrument and acknowledged to me that t&@#thw executed the same . in ;;tdhph’zte&+%%!!&;~ signature(a on the instrument the person(d), or the entity upon behalf zEte2hrch the person(g) executed instru’ment. the sm my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE T~le or Type of Document MUST BE AlTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Si~nerls) 0th~ Than Named Above RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) •INDIVIDUALLS~ OFFICER(S) ITITLES) OPARTNERM OLIMITED CIGENERAL OA~ORNEY IN FACT OTFWSTEE(SI OGUAR~~AN/C~NSERVATOR q OTHER: SIONER IS REPRESENTING: IName of Per~onW or Entityfih) RIGHT THUMBPfWNT (Optionall CAPACITY CLAIMED BV SIGNER&) OINDIVIDUAL(SI OCORWRATE OFFICERfSI ITITLES, q PARTNERW q LIMITED OGENERAL q Al-lORNEY IN FACT q TRUSTEEIS) OGUARD~AN/CONSERVATOR OOTHER: SIGNER IS REPRESENTINO: (Name of ParsonIs) or Entity(h) WOLCOTTS FORM 83240 Rev. 3-94 l,x,ce cI.,, S-2AI Q ,994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONiRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disdosure forms Bidders are urged to review the definitions in section l-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor, “Contract Price”, “Contract Unit Price”, ” Engineer”, “Subcontractor” and “Work” and the definitions in section 1-2 of the Supplemental Provisions especially “Own Organization” and “Owner Operator/Lessor.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS -cautioned that failure to provide complete and met infomlation may result in reiection of the bid as non-responsive. Any bid that proposes performance of-more than 50 percent of the work proposed to be erformed by the Bidder by other than the Contractor’s own organization will be reiected as non-responsivft. Specialty items of work that may be so designated . by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor who the Bidder proposes to perform work or labor or render service in o,r about the work or improvement, and every subcontractor licensed by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess on one-half on one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as in integral part of the bid offer. c Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor (O+O) of manpower and equipment that it proposes to use to complete the Work2 Additional copies of their forms must be attached if required to accommodate the Contractor’s declslon to use more than one Subcontractor or Owner Operator/.Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. 1 Neither the amount, in dollars, of work performed by the Bidder’s own forces (as Contractor) nor the Bidder’s overhead and profit for subcontracted items of the work is included to compute percentage of the work performed by Subcontractors or Owner Operators/Lessors. When the Bidder proposes that any bid item installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item by each Subcontractor or Owner Operator/Lessor must be entered under the columns “Amount of Subcontractor’s Bid in Bid hem including Subcontractor’s Overhead & Profit” or “Amount of Owner Operator/Lessor Work in Bid Rem lncluding Owner Operator/Lessor’s Overhead & Profit” unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Contract No. 3816 Page 18 of 104 Pages Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder’s overhead and profit shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator Lessor as the case may be, that the Bidder Operator/Lessor as the case may be, installing them Proposes as installer of said materials. The value of material incorporated in any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item.. The item number from the “CONTRACTOR’S PROPOSAL” (Bid Sheets) shall be entered in the “Bid Item No.” column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The number of additional form pages shall be entered on the first form page of each type so duplicated. Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If using this option the Bidder must indicate the bid item numbers to which the information in the row pertains. This option may not be used where the subcontractor or Owner Operator/Lessors constructing or installing less than 100 percent of a bid item. The percentages and dollar amounts may be the sums of the bid items listed in that row. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the Board of Directors in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the Board of Directors shall be final. q b 5/10/00 Contract No. 3816 Page 19 of 104 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: Fish MeId f n t\ 4 Subcontractor’s Location of Business wm GYdnd &Je h-d- c Street Address 0 State qm7q Zip *Subcontractor’s Telephone Number plus Area Code: 7 60 - 7 b I a 4-7Yq *Subcontractor’s California State Contractors License No. & Classification: 6 Od832 c b0 *Subcontractor’s Carlsbad Business License No.: rUO& SUBCONTRACTOR’S BID ITEMS Column 1 - Bid Item No. from the bid proposal, pages 9 through 10, inclusive. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Bidder’s overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10 inclusive. *Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids”. Page pages of this Subcontractor Designation form ! of q Q' % 5/10/00 Contract No. 3816 Page 20 of 104 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further Certifies that no additional subcontractor Ml be allowed to perform any pofiion of the Work in excess of one-half of or,t percent (0.5%) of the Eidder’s total bid or ten thousand dollars $10,000) whichever is greater and that no cbangzs in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: Go 5mc;m-l-Ps Inc* I \ Subcontractor’s Location of Business 120 fQ. Zn9 4% Stree: Addr )ss ChUIP u 15-m - cfi %%O City State - zip *Subcontractor’s Telephone Number plus Area Code: w?- Y&J- CIa-ou- -- l q,,hp-.??,c,r’-: .p,1;$)*:- c*-tL. r--..*-,.d - -- _ ,” ..___ _.>. _ a-..*- . . . . - v---w ““ltrl‘l’a‘u,a Licen~ Ns. & Classifica’.ion:-- a yJ.Sv3?,f3,C.32 *Subcontractor’s Carlsbad Business License No.: 1% 6704 CbilI feneti rti I~)O~LW~ or lob) SUBCONTRACTOR’S BID ITEMS Explanation: Column 1 - Bid Item No. from the bid proposal, pages 9 through 10, inclusive. Column 2 - The doliar amount of the item to be periormed by the subcontractor. Column 3 - The doliar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Bidder’s overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10 inclusive. ‘Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids”. Page 2 of ct pages of this Subcontractor Designation form DESlGNATlON OF SilBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. 3876 EL FUERTE TRANSMISSION LINE The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices A ot.” The Bidder further certifies that no additional subcontractor will be allowed to perform any pcrtion of the Work in excess of one-half of cr,e percent (0.5%) of the Bidder’s total bid 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. Full Company Name of Subcontractor: l3K 0 efs lT.cdW-e lfLM-f*nq J Subcontractor’s Location of Business Street Address n mAfzc.us f3 %@I -- City State zip ‘&bcontractor’s Telephone Number plus Area Code: 7 bO - 74-q- I/,,7 4 l Oe r*,-~n+c-Apr’r- P*li:nrni7 Ct*+- C;;;r.tracicrs License N,z. & C;css,n;r w .-we ._.__._. - w-...-.. ..- -.-.- ~~i~~:-~ 3.d b. _ Lu4e *Subcontractor’s Carlsbad Business License No.: .Jon @. SUBCONTRACTOR’S BID ITEMS Explanation: Column 1 - Bid Item No. from the bid proposal, pages 9 through 10, inclusive. Column 2 - The dollar amount of the item to be periormed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Bidder’s overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price 3f the item on bid proposal pages 9 through 10 inclusive. *Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids”. Page pages of this Subcontractor Designation form 3 of q DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE The Bidder certifies that it has used the sub-bid of ‘the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perfon any portion of the Work in excess of one-half of or,t percent (0.5%) of the Bidder’s total bid 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. Full Company Name of Subcontractor: mm cn-n Au-a If I I Sub&tractor’s Location of Business &a *Subcontractor’s ‘Subcontractor’s l Sutcontractor’s Street Address *-_hx Q2337 City State zip Telephone Number plus Area Coqde: 04 .4d7- cb 276 Caiif~.-;~ -‘!=!r rr-‘-l-‘, ’ ... ““I I.& CIk‘“l3 LlLtz! 13c F’, I & Lizssika!ion:-- $4. Lf3.?ss 1 fl .e.*- Carlsbad Business License No.: . /amh E$O 2l9alo2 SUBCONTRACTOR’S BID ITEMS Explanation: Column 1 - Bid Item No. from the bid proposal, pages 9 through 10, inclusive. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Bidder’s overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10 inclusive. *Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids”. Page q pages of this Subcontractor Designation form of $! DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et. eq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act. The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half on one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000 whichever is greater and that no changes in the Owner Operator/Lessor listed work will be made except upon the prior approval of the Agency. Full Owner Operator/Lessor Name: Location of Business fLm.K Street Address City State *Owner Operator/Lessor Telephone Number plus Area Code: Zip *City of Carlsbad Business License No.: OWNER OPERATOR/LESSOR WORK ITEMS Overhead CL Profit in Column 1 - Bid Item No. from the bid proposal, pages 9 through 10, inclusive. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Bidder’s overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10, inclusive. *Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids”. Page / of I pages of this Owner Operator/Lessor form q ‘EC 5/10100 Contract No. 3816 Page 21 of 104 Pages .- . -1_., .& Pullman Engineering, Inc. 4645 Ruffner Sk, Suite I? - Phone: San Diego, Ca. 92111 838-576-1500 Fax: 858-576-1115 Genzd Engineering Contractor License A 770533 Fax Transmittal From: Fax: ‘qbO* 602-8556 Pages: 5 Phone: Date: .5-/8 / of Re: c&.b~&a& al-0 hms H I/ hffC 7fd~S~~r&djl & U&gent Cl For Review !I Please CaElmn~ [7Please Reply .i. - I( I .i . --.LU”.L i. Sir,‘, NO.495 P.2 Ill . DESIGNATION OF SUBCONTRACTOR AND 1 AMOUNT OF SUBCONTRACTOR’S BID ITEMS r. CONTRACT NO. 3816 1 EL FUERTE TRANSMISSION LINE A IN i! ,n ‘. 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 potions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act,” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid or ten . I I thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: NA S h (nr6Z.l Cf L n 4 4 Stibcontractor’s Location of Business )4f2o Grant AJC lAgi% c SUwt Address ce qzO64 State ZP 9 . ‘Subcontractor’s Telephone Number plus Area Code: 7 60 - 7 b I - 47Y9 -2&: *Subcontractor’s California State Contractors License No. 8 Classification: 6 &83,7- c 60 P *Subcontractor’s Carlsbad Business License No,: NC& II I I prt I Year SUBCONTRACTOR’S BID ITEMS Column 1 - Bid Item No. from the bid proposal, pages 9 through 10, inclusive. Column 2 - The dollar amourit of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Bidder’s overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10 inclusive. *Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids”. Page ! of q pages of this Subcontractor Designation form DESIGNATION OF SUBCONTRACTOR AND AMOUNTOF SUBCONTRACTOR'SBIDITEMS CONTRACT NO. 3816 EL WERTE TRANSMISSION LINE The Bidder certifies that it has used the sub-bid of the f&wing listed subcontract06 in prepatif?g this bid for the Work and that the listed stibcontractors will be used to periorm the portions of ke Work as designated in the iis: in accxdance with applicable provisions of the specificaticns and section 4100 et seq. of the Public Contracts Cede “Subletting and Subcontracting Fair Practices Act.” Tie Bidder further ce@fieS that no. additicnal subcontractor Will be allowed to perfcn ar.y potion of the Wcrk in BXCESS of cne-half of 0r.a percent (0,5?G) G: the Sidder’s t&al bid of ien thotisand dollars $10,000) Whichever is greater and that no changes in the subcontractors listed wo& will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: I Subcontractor’s Location of business ta0 N- zng he Slteec Address owl&a u CS’tP CA City Stare 9710 Zip *Subcontractor’s Telephone Mmber plus Area Co&: WI- 4&a- ciao+ I* l c,: ,*-(yn-++++G <,&gmia _ .,u....--.r+4. - S+ZS Cxtxc:crs License NO. & C!assitistion:-$ 9v2m.G_37.,4 , C- 32 l Subcontr&x’s Carlsbad Business License No.: _ I%b5704 Cl.Alill feWrli, I+ (dDr&& ClP.lob) SUBCONTRACTOR’S BID (TEMS Explanation: Column 7 - Bid Item No. from the bid proposal, pages 9 through 10, inclusive, Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 -The dollar amount of the item to be performed by Contract&s own forces, Column 4 - The dollar amount of the Bidder’s overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10 inclusive. ‘Pursuant to section 4104(a)@)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids”. Page 2 of J+. pages Of this Subcontractor Designation form _. .-_. , .d . __ .-+-.d. - -- . DESlGNATlONOF SUBCONTRACTORAND AjYlOUNTOfSUBCONTRACTOR'SBID~TEMS CONTRACTNO.38~6 ELFUERTETlVtNSMlSSlON LINE me Bidder certifies thst 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 tc perionn the portions of the \flork as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Cede “Subletting and Subcontracting Fair Fractices Act.” The Bidder futiher cartifies that no additional subcontractor will be allowed to per;crm any pcfiion of the Work in eXC2-S Of one-half of or,? percent (0.5%) of the Bidder’s @al bid or ten thGusand dollars (310,000) whichever is greater and that no changes in the subcontractors lis:sd W&A till be made except upon the Prior approval of the Agency. Full Company Name of Submntractor: aKets L&W-e W'nq J Subantractors Location of Business ?sBd 848 . . Street Address 5x36(1 n ARCoS ca %7r w State Zip *SuboonQ-actor’s Telephone Number plus Area Code: 7 LO - 74&- Id> 4 *C:rbcon~~ct&s Ca!ifomk State Co,ltraticrs License Nc. & ticsu.l:ca?ion:& 3,1/-b-q be- -I)- Ob l Subcontraot&s Carisbad Business License No.:. r\ On 9- Column 1 - B’id Item No. from the bid proposal, pagas 9 through 10, inclusive. Column 2 - The dollar amount of the item to be perioned by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Bidder’s overhead and profit for the item. Total dollar amount of ColuMns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10 inclusive. ‘Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Ridder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids”. , Page 3 of ‘-!- pages of this Subcontractor Designation form / !- . -->a / .‘-t DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS *-. CONTRACT NO. 3816 -. EL FUERTE TRANSMISSION LINE The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Wok and that the listed subcontracton will be used to perform the potions of the Work as designated in the list in aCCOrdance with applicable provisions of the specifications and section 4200 et seq. Of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further C&ieS that no additional subcontractor will be allowed to pen’orm any portion of the Work in excess of one-half of ore percent (0.5%) of the Biddets total bid or ten thousand dollars ($10,000) whichever is greater a’ird that no changes in the subcontractors listed work will be made except Upon the prior approval of the Agency. Full Company Name of Subcontractor. m&k+n &oh3 I-t P I Subcontractor’s LOCatiOn Of Business 1+-!‘36 Al/s Street Address 2QI!es- 4a337 W state ZP ‘Subcontractor’s Telephone Number plus Area Code: qD4 .4J7- ‘i( 37b l Subcon~&fs Caii??Tk 1‘:?2% Csn&tZtr;rs L’c I ear; Ns. 8 Lrassi!icarion:>3_q-! I ,.a “Subcontractor’s Carlsbad Business License No.:. &J I \76.0 ‘SD aM 02 SUBCONTRACTOR’S BJD ITEMS Column 1 - Bid Item No. from the bid proposal, pages 9 through 10. inclusive. . Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Bidder’s overhead and profit for the item, Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10 inclusive. ‘Pursuant to section 4104(a)(2)(A) California Public Contracts Code receipt of the portions of the information precede by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids*. P&e q of 9 pages of this Subcontractor Designation form BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE Copies of the latest Annual Report, audited . financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. midp ?maki& UDOQ m+~ii:t thcrntl TOM) h’ddw ?3 5110100 Contract No. 3816 Page 22 of 104 Pages BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE 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 District to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Name and Address Name i No. o rnd Phone f Person 54 re 1 Type of Work ggpJ;gme*y( rnwsh411 we ,700ev fitins I’d n Lcodqr qfWn4 we+ (A+ 1 I ;ta’e~ c-0 sthoOl5 Q CRW0 Pedtetdn Amount of Contract 2% IL 6Co Y q % 5/10/00 Contract No. 3816 Page 23 of 104 Pages BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE . LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE 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: Comprehensive General Liability Workers Compensation Automobile Liability Employer’s Liability 2. Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Employer’s Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: (1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. (2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. pf% 5110100 Contract No. 3816 Page 24 of 104 Pages -_ .., . . . Am CERTIFICATE OF LIABILITY INSURANCE ~VEtuNlwlm O-!/26/01 swum A8grn Inuururae Brokrtm 5520 Wellomloy Street, #207 I ta Maoa, CA 91942 (619) 460-1240 THIS CLftTFK=I;IL W lSSUl!D As A UMTER OF H(MRWTK)N awLv AND caNFEll Na Rmfm urn THE cun-mcA= HOWR. THIS CERTlplcAl’E DQE5 NOT AMEN@ D(IwD DR ALTER THE COVEttAQE AFFORDED BY THE POUCILO bww. #wRm5AfFDRDmQwv5RMK wsuNcD -A: rana ean/Hutlwa mmuruma co. of An. pullnun ~giaaeriag, Inc3. e8ume: Ooldaa Eagle Xamuraaae Corporatioa 4645 Ruffaor Drive, WP MWEUCJ: San Diego, CA 92111 INSUROI 0: THE WLIUES OF INSURCNCE USTED BELOW MWE SEEN WD TO ME M WED ABOVE POR THE POLICY PERtW I)SICATED. -mMN6 ANY FEOLURENENT. TERM OR CONMTICM OF ANt CQNTRAOT DR OTHER DDCUWNT Wrrw RESPECT TO WWlM Tl49 CERTlFlCATE MIY L Is(KlliD OR MAY PERTJUN, ME INSURNC~ bFFDfWED By THE WUOES DESCRISED MREIN IS SUBJECT TO ALL THE TERMS. tZGl.l.BKXdS AND CDNDlTkXdS bF SUCti POLICIES. AQQIEGME UMTS SWMN MAY HAVE SEEN #DUGED 6~ PUD CLAMS. TWE W INIUUWCL f PouovNNwwn A /a&muwurf 1 CPP1249716-00 xcaurawLoENli8Murwm tb CUMSWE xoccua l-l Cl 1 I ! I ?olm LDC ~YoIuuAmLJlY ! CCP347690-00 XANVAUTCI NlwAllTos 3c+muLDAvToE nlnsoNm5 WDhvms H I I 03/26/02 gg$g!g-- 8 1000000 ra- 6 hurooNLY-uuxmNr s OWERl7W CIYIO $ AurooNLr: -8 mc+l- * maNNaArE 1 DoIwtloN OF W’BWma~ I Tlom-QertuDa+ylloae~N I I I -tw=ULMOYIO(OUO 'he aertificrta holder im additional insured par CC2010 11/85 attached. Thirr asuraxaae is prlnury Ipd non-coatributory. et Xl Puarta, Projrct No. 3816-00 nr1rBa8 wuaioipl latax bistriot City of Culmhd, Itm Offbmrm l ml0Y-a 18311 ramday Avaalla carlaad, c5 9aoo8-73~ ,’ ml! Jtm 26, zoo+ : 01:bS .QM PAQE 2 PoLlcxNuhwSk cPPl24m6 r;oMAQcRCiAt OW UABLTY THZS EmaZgE~frFT axuvam mt POLICY, PUASE mM.Ii XT CAREFULLY ADDI[lIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS @O=f J9 Ime daTmmmr ma iaxe under lhe c#MMmmu OmuzRN. s1ABlLITr ccmlMoB Pcmx Thir rlrdrrrmuu d th~poti~ dhkiv~ m me ifmqhri de oflhr pdiay rnlm rnOmg duo ii In&b6 belaw, pitdreDm*nt zwoctive I I I mm1 0 r/m2 ! 1 I I I NDt8dInwod I Pukm thA@a&q (.4&!w~Jte@@&ivz) - NAME OF m-08 OROAMZATZO~ cwbbed bfdcipd wua aaiar City af Cdew itr of!Iaes 4 av&yeu 16)s $6mdy Abwum cdDbr4 CA 9zm6-75nrq R+ 31PuslQ,pmjd1y111600 WHO W A)*’ RJ?IvRILD CScca~ Il) L uomd&I to iadde Y m isrued the pcre0n or or*rah Aown in tS8 SrrMufe, but only wirh rupaa M IhMlIty tib art of “your vmk” tk W iRlund by ar k ym *~~~rulanhprlmnyhrIhe~~rrgniaeiarrhamrfr.3roc~krsPrlyrrilh?upcdtslLrbilly~nlad(d. +u wnk’ for tht inwed far ar by your 0th irrwwue ddcd TV dmt inmmd riU mgp)r m p~dou urd net cmr&* w ~a3w-y 4, the ifmrum dfdd by tkir bwM#.’ ~?a 3BVd Copyri~!. huraace Gvioa Oft+ Inc., 19114 ~a&lofl hmw& :*4m ‘J . m$tw~ EG X! uB3il9Z 1% - STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE l=UND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE .Y!jNE 2i, 28til. POLICY NUMBER: l&J7375 - ‘31 CERTIFICATE EXPIRES: b- I +w, ; r CARLSMI I?i I#~.L v ‘f3.iL ‘#.hTEB DIS?yQL’T C:J-! CF C&Iii-LSBG ii532 “X!?h3A‘i X’zm!E CAx.SEAil ::A ‘i”,m?e-?3r 4 L This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved bythe California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days advance written notice to the employer. We will also give you TEN days’ advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT w,,,., -. -. -3 I - !Ab.?LL - da. 2 5>-31;; ;.( ., ‘--s-r‘ il.- 7;cLcJ;xG ;p:;.&; ccs’;s: Si, XX’, 608 PER CCCLRRENZE. EMPLOYER r ?UiLUt!N 3GI!KZRZNE, IHC. 4645 RI’F?YYEZ DR STZ i’ .T.!H 2IEGO LA 92111 RB BIDDER’S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes x no 2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: j I fmt3 Znsmee6-m 3-C (name of &tractor) BY: c .,.. ; -.b (sign here) Ch ids %?hnn / &GderrC: (print name/tit(e) Page of pages of the Re Debarment form ! of \ ?a 5/10100 Contract No. 3816 Page 25 of 104 Pages BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractors license ever been stayed? % Yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? \x Yes no 4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Y ork ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page I of 2/ pages of this Disclosure of Discipline form ?3 5110100 Contract No. 3816 Page 26 of 104 Pages BIDDER’S DISCLOSURE OF DISCIPLINE RECQRD (CONTINUED) (To Accompany Proposal) CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. If needed, attach additional sheets to provide full disclosure. BY CONTRACTOR: . (sign here) $3 u Imm Veh did (print name/title) Page pages of this Disclosure of Discipline form 2 of ‘L Ec 5/1OlOO q Contract No. 3816 Page 27 of 104 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE State of California County of R& A//,,, , being first duly sworn, deposes and says that he or she is (Title) / nf??mm he (Na’m 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 I $ day of M W ( 20%. Signature of Bidder Subscribed and sworn to before me on the /y day of MN-i ,200l . p3 5/10/00 Contract No, 3816 Page 28 of 104 Pages -- CONTRACT PUBLIC WORKS - - I This agreement is made this 15TH day Of Auqust iit% by and between the Carlsbad Municipal Water District of Carlsbad, California, a municipal &or&ion, (hereinafter called “District”), and PULLMAN ENGINEERING, INC. whose principal place of business is SUITE P, 4645 RUFFNER STREET, SAN DIEGO. CA 92111 called “Contractor”). (hereinafter District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: CONTRACT NO. 38161 EL FUERTE TRANSMISSION PIPIELINE (hereinafter called “project”) 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, 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 fulfil1 the intent of said documents. In all instances through the life of the Contract, the District will be the interpreter of the intent of the Contract Documents, and the District’s decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor’s performance of work under this Contract, District shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2000 Edition hereinafter designated “SSPWC”, as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. ?3 5/10/00 Contract No. 3816 Page 29 of 104 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overwme underground conditions. Any information that may have been furnished to Contractor by District about underground conditions or other job conditions is for Contractor’s convenience only, and District does not warrant that the conditions are as thus indicated. Contractor is satisfied’ with all job conditions, including underground conditions and has not relied on information furnished by District. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify District, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s costs,of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between District and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor’s cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control ,Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. e 5/10/00 Contract No. 3816 Page 30 of 104 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and . indemnify and hold harmless the District and the City of Carlsbad, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District or City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City and District against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by Contractor, whether intentional or otherwise, and Contractor.will pay all costs, including defense costs for the City and District. Defense costs include the cost of separate counsel for City and Distri$, if City or District request 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 District’s policy for insurance as stated in Resolution No. 772. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $l,OOO,OOO 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 and City, or its agents, offtcers or employees are additional insured. b. Automobile Liability Insurance: $1 ,OOO,OOO combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. c. Workers’ Compensation and Employers’ Liability insurance: Workers’ compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions: a. The District and City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor, The coverage shall contain no special limitations on the scope of protection afforded ?3 5/10/00 Contract No. 3816 Page 31 of 104 Pages to the District or City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability and employers’ liability. b. The Contractor’s insurance coverage shall be primary insurance as respects the District and City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District or City, its officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District and City, its officials, employees or volunteers. d. Coverage shall state that the contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days’ prior written notice has been given to the District by certified mail, return receipt requested. . (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District and City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the District or City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the Board of Directors in Resolution No. 772. (H) Verification Of Coverage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the District and are to be received and approved by the District before the Contract is executed by the District. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor’s bid. ?3 5/10100 Contract No. 3816 Page 32 of 104 Pages 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 the Supplemental Provisions I section. The contractor shalfinitially submit all claims over $375,000 to the District using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the Carlsbad Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the Carlsbad Municipal Water District to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s principal place of business as specified above, Contractor shall so inform the District by certified letter accompanying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter I, commencing with section 1720 of the Labor Code are incorporated herein by reference. @s kc 5/10/00 Contract No. 3816 Page 33 of 104 Pages 14. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted for any monies withheld by the District to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the District may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the “General Provisions” or ” Supplemental Provisions*’ attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL)- see belod f i$‘+ w CONTRACTOR: T II 5 *- -r DISTICT. a By: c 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. If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument. APPROVED AS TO FORM: RONALQR. BALL w General counsel %dry q kc 5/10/00 Contract No. 3816 Page 34 of 104 Pages State of e\ A I&*;& County of S&n plp;ic) d (NAMETTITLE OdOFFICER-ia.‘JAN6OOE. NOTAltY~PU6UC~l personally appeared O,bciJ 5, INAMEIS) OF SIGNERIS)I &ersonally known to me -OR- Cl g roved to me on the asis of satisfactory evidence to be the zFon(ti whqse name(A) k” subscrtbed to the wit in instrument and acknowledged to me that he/she/they executed the same in his/het/thetf authorited capacity(i&!, and that by his/her/therr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RIGHT THUMBPRINT IOptional) CAPACITY CLAIMED BY SIGNERBI O~NDIVI~UALISB q CORPORATE OFFICERIS) mwa?l OPARTNERISI q LMTED q GENERAL OAlTORNEY M FACT q TRUSTEE6) q GUARDIAN~C~NSER~ATOR q OTHER: SIGNER IS REPRESENTING: INsma of Person(s) or Entity(h) RIGHT THUMBPRINT (Optioml) II CAPACITY CLAIMED BY SIGNER(S) •INDIVI~UALW q CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorised document. InnEal OPARTNERW q LIMITED OGENERAL OA~ORNEY H FACT MIS CERTIFICATE Tiib or Type of Document q TRUSTEElS~ MUST BE ATTACHED •GUARD~ANICONSERVATOR TO THE DOCUMENT Numbar of Pqas Oats of Document q DTHER: DESCRIBED AT RIGHT: Siner(s) Other Than Named Above SIGNER IS REPRESENTIN& INam of Penonls) or EntitYfiW WOLCOTTS FORM 63240 Rw. 3-94 Iwce clan S-2Al CJ 1994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT VVlTli SIGNER CAPAClTYlREPRESENTATlONflWO FINGERPRINTS t State of Lpl4l ; mm County of 5 n D, p *G, fi U On%/q 2, 200 I before me, 1 (DATE1 Lfm DeMle .&A?& INAMEfT~F dFICER-i.e.‘JANE DbE. NOTARY i JibSLIC’l personally appeared INAMEISI OF SlGNERISIl RIGHT THUMBPRINT IOptionJI !i r-l f ‘j b c II CAPACITY CLAIMED BY SIGNERIS) II 0lNDIvl0uA~fS1 OCORPORATE &Z&ersonally known to me -OR- Cl g roved to me on the asis of satisfactory evidence to be the person&) whose name(s) Is/a* subscribed to the within instrument and acknowledged to me that t&/she/they executed the same in his/her/thgir authorized capacityU&), and that by h&/her/their signature(g) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. :- Witness my/hand and official seal, ,,r”l- --NV- I WGNktURE OF NOTARY) ATTENTION NOTARY OFFICER(S) mlnm OPARTNER6) OLMTED OGENERAL OATTORNEY iN FACT OTRUSTEE(S) OGUARDIANICONSERVATOR OOMER: SIGNER is REPRESENTING: ~Nmne of Personfr) or Entityfiis) RIGHT THUMBPRINT IOptional~ CAPAClTV CLAIMED BY SIGNERIS) OIN~I~I~UALIS) OCORPORATE OFFICER(S) The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. lTlnEsl q PARTNERW OLIMITED OGENERAL DAlTORNEY IN FACT MIS CERTIFICATE Rtb or Type of Oocwncn~ q TRUSTEE(SI MUST BE AlTACklED OGUARDIANI~ONSERVATOR TO THE DOCUMENT Number of Pager Date of Documnt OOMER: DESCRIBED AT RIGHT: Signer(sl Other Than Nuned Abovs SIQNER IS REPRESENTING: (Name of PsrsonW or EntitY(is) WOCCOTTS FORM 63240 Row. 3-04 kwce elm S-ZAI Q tSS4 WOCCOTTS FORMS, INC. AJL PURPOSE ACKNOWLEDGMENT VvlTH SIGNER CAPACIN/REPRESENTATlONITWO FINGERPRINTS BOND NO. s-900 1069 LABOR AND MATERIALi BOND ’ i$lEFZ$$S, the Board of Directors of the ?Y of Carl&ad, State of CaIKomla, by RasoWor~ adoptad ’ PULLMAN ENGINEEkING, INC. JU E 12, 2001 , has awazdrd to - (hereinafter designated as the “Principal”), a Contract for; El Fuerte Transmission Pipeline, Contract No. 38161 in the City of hIsbad, in strict conformity wlth the drawings and specikations, and other Contract Documents now on file in the Offza of the Sccratary of the Board of Directors (City Clerk of the City of Cartsbad) and all of whkh ara incorporated herein by this reference, WHEREAS, Principal has executad or is about to execute said Cpntract and the tarrns thereof require the furnishing of a bond, providing that if Principal or any of their subumtractors 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, THEREFOR, WE, PULLMAN ENGINEERING, INC. as Prindpal, (hereinafter designated as the “Contractor”), andUASEINGTQN INTERNAT IONAL INs&cE e Carl&ad Municipal Water District in the sum of CCIMP&J dlars ($ 524.488.00 ), said sum %) of the total estimated amount payable under said contract by the C&bad Municipal Water District under the terms of the contract when the total amount payable does not exceed five million dolIars ($5,000,000) or, Fifty percent (50%) of the total estimated amount payable under said contract by the City of Cartsbad under the terms of the contract when the total amount payable is not less than live million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000) or, Twenty-five percent (25%) of the total estimated amount payable under said contract by the City of Cartsbad under the terms of the contract K the contract exceeds ten million dollars ($lO,OOO,OOO) and for which payment well and truly to be made we blnd ourselves, our heirs, executors and administrators, successaw, or assigns, jointly and severally, firmly by these presents. THE CONDlTlON OF THIS OBLIGATION IS SUCH,that K the person or his/her subcontractors fall to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the t performance of the work contracted to be done, or fur any other work or iabor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work of labor, 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 23020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will pay for the same, not to exceed the sum spedfied in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses and fees, Including reasonable attomay‘s faas, to be fixed by the court, as required by the provisions of section 3248 of the California Civil Code. This bond shall inure to the benefit of any and all persons, companies and mrpoWiOn$ emled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (oommendng .wlth section 3082). Surety stipulates and agrees that no change, extension of t/me, alteration or addion to the tsmrS of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect Its obligations on this bond, and It does hereby wakre notice of any change, extension of time, alterations or addition tc the terms of the contract or to the work or to the specifications, Contract No. 3816 Page 35 of 104 Panes In the event that Contractor is an indMdua1, it is agreed that the death of any INI& Contr&x&r &all . not exonerate the Surety from its obllgatforts un*f this bond. Executed by CONTRACTOR this z!y dayof %tW- ,,2ooI . C0MRAcT0R: PULLMANENGINEERLNG, INC. (sign here) Ihw - - (print name here) Executed by SURRY thii 19th &Y of !!J= -. ,200l . SURETY; WASHINGTON INTJBNATIONAL IJSURANCE COMPBNY (name of Surety) 17411 IRVINE BOULEVARD SUITE H TUSTIN, CA. 92780. (address af Surety) 714-838-9065 (telephone number of SuWy /’ ,’ 3 ,/ 3 hc BY; GC4 &&,J A: ;g &&)7”’ (signature of AttoMey-in-Fact) CHRISTIN A. PATER!SON (printed name of Attomey4n-Fact) (attach corporate resolution showing current . CTOR and SURETY must be attached.) (Presfdent or vice-president and secretary or assistant secretary must sign far corporations. If only one of&r signs, the corporation must attach 8 resoWon certified by the secretary or assistant secretary under corporate seal empowering that officer trq bind the curporation.) APPROVED AS TO FORM: A6ekhWGeneral Counsel # 5M0100 Contraat No. 3816 PaQc 36 of 104 Panes CALlFORNlA AILPURPOSE ACKNOWLEDGMENT No. 5907 State of California County of San Diego On 6-19-01 DATE before me, America San Martin, Notary Public , NAME. TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC personally appeared Christ3ne A. Paterson , NAME(S) OF SIGNER(S) q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@) whose name(z) is&l% subscribed to the within instrument and ac- knowledged to me thatWshe&q executed the same in his/her/their authoriz‘ed capacity(h), and that by x&B/her&r&B signature(z) on the instrument the person@), or the entity upon behalf of which the person(z) acted, executed the instrument. P---F i ,-. --, ^/ , ! /-. , ! I’....* ) L ‘P’.., ,...I E tT-.:.. (‘.p’ r, ,-1 Al”[1,-,; -_ c: 1.. \,;.‘5.:~,~ - . ,.\ -~‘:. 5 -r-c, fgCT.Ai-‘: ’ “j;.‘.‘,; ;;, - ‘L:: <; ‘; \’ ’ :; +- F;, Z”,fA z ..u,!.‘I =>,..v,‘!‘.;,r’ :’ ip-:,,“cJ c : i I ‘,:; -:‘. ,, C..‘. ; Lz’-;, 5”’ 0 7-d -1 L ‘“I,,, ::.,- -. . E:- ;; - ,, ‘::, 2y-J t rr--.ew_C_----*_ - J OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of thts fem. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT c] 4NDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) q LIMITED 0 GENERAL q Al-l-ORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENlll-rfIES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. 60x 7184 l Canoga Park, CA 913DQ-7164 WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OFA77ORNEY I ,w ALL BY THESE PRESENTS: That the Washington international Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having its principal oftice in the Village of Itasca, Illinois does hereby constitute and appoint * JEROLD D. HALL, SANDRA J. LI’ITLE, CHRIS A. LYDICK, LETICIA SAN MARTINI CHRISTINE A. PATERSON, VALERIE M. PEARCE, BART B. STEWART AND J.T. WARNOCK EACH IN THEIR SEPARATE CAPACITY its true and lawful attomey(s>in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents. shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and I or its principal officers. This Power of Attorney shall be limited in amount to $7,500,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22.1978, July 3. 1980 and October 21, 1986 which read, in part, as follows: 1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fact, and authorize them to execute on behatf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attomeys-inFact. who are hereby authorired to certify copies of any power-of-attorney issued in pursuant to this section andlor any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President. vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company. may be affixed to any Power of Attorney. certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney. certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. -,..\i:::!“‘!:: ’ ~TIM.ONIY.WHEREOF. the Washington International Insurance Company has caused this instrument to be signed and fts corporate seal . officer, this 29th day of ATIONAL INSURANCE COMPANY On this 29th day of November, 1999, before me came the individual who executed the preceding instrument, to me ~personally known, and, being by me duly sworn, said that he is the therein described and authorized ofiiir of the Washington International Insurance Company: that the seal affiied to said instrument is the Corporate Seal of said Company; IN ~~~~~~~~~~~~~~~~~~~unto set my hand and affixed my Official Seal, the day and year first above written. OFFiClAL SEAL c YASMlN A PATEL NCTPRY PtlELlf, STATE OF ILLlNM MY c~~;Ts~o:l ExfwEs:oJI1a~P c . - - . . - - . .r,.&#&+.,y> CERflI%~~~~ STATE OF ILLINOIS) COUNTY OF DUPAGE) I. the undersigned, V&-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARlZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Artide 111 Section 5 of the By-Laws of the Corporation. and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. \ .ed and sealed in the County of Dupage. Dated the 19tbday of JUNE 2001 ‘A INAMEISI OF SIGNERISII ti--- ~~ ersonally known to me -OR- Cl g roved to me on the asis of satisfactory evidence to be the person whose name6) Is/ale subscribed to the within instrument and acknowledged to me that h&he/t&y executed the same in M/her/their authorized capacitylies!, and that by his/her/W% signature(s3 on the instrument the person(g), or the entity upon behalf ;Lte2hich the personb) executed instru’ment. the hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Tile or Type of Document MUST BE AlTACHED TO THE DOCUMENT Number of Pager Date of Document DESCRIBED AT RIGHT: Si~mr(sl Other Than Named Abow WOLCOTTS FORM 63240 Rev. 3-94 Iprw elm 8.ZAI UJ 1994 WOLCOTTS FOAMS. INC. ML PURPOSE ACKNOWLEDGMENT WlTH SIGNER CAPACITYIREPRESENTATlONrrWO FINGERPRINTS RIGHT TtfUM6PRlNT IOptIonal) CAPACITY CLAIMED BY SIGNERIS) DINDIVIDUALfS) OCORP~RA~E OFFICER(S) InnEsl DPARTNERIS) OLIMTED OGENERAL q ATTORNEY ‘IN FACT q TRUSTEEIS) q GUARDIANICONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of PcmonW or Entityffed RIGHT THUMBPRINT IOptiond) CAPACITY CLAIMED BY SlQNERfS) q INDIVIDUALfS) •CORP~~IATE OFFICERfS) lnn.Esl OPARTNERW ~LIMITED OGENERAL q AlTORNEY IN FACT !JTRUSTEE(S) OGUARD~ANIC~NSERVAT~R q OTHER: SIGNER Is REPRESENTINO: (Name of Parsonlr) Q, Entkyfii~) On 5(, 2;j@ I before personally appeared lNAMEl5.l OF SIGNERISII rsonally known to me -OR- Cl E roved to me on the asis of satisfactory evidence to be the person1 Is/a f? $ whose name(&) ubscribed to the wit in instrument and acknowledged to me that he/+&they executed the same in his/h&/their authorized capacity(i&!, and that by his/h&r/th&r signatureL46) on the instrument the person($), or the entity upon behalf z[te2hlch the person ) executed instru’ment. If t e c./fl Rzi%F . k itness $-IV hand and official seal. NoTARY- ,.//’ ,, nrb (SIGNMURE OF NOTARY) ATTENTION NOTARY The information requested below and in the column .to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Tinb or Type of Document MUST BE AlTACHED TO THE DOCUMENT Number of Pqas Date of Document DESCRIBED AT RIGHT: Siirierbl Other Than Named Above WOLCOTTS FORM 63240 Rev. 3-94 Iprm class 8.ZAI Q 19S4 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WlTH SIGNER CAPACIl-Y/REPRESENTATlON/TWQ FINGERPRINTS RIGHT MUMBRfNT IOptfocull CAPACITY CLAIMED BY SIGNERIS) •~NDIVIDUAL~S) OCORPORATE OFFICER(S) rImEsI q PARMERfS) OLlMfTED DGENERAL OAlTORNEY IN FACT q TRUSTEEIS) OGUARDIANICONSERVATOR OOTHER: SIONER Is REPRESENTING: (NMIIO of Person(r) or Entltvfh) RIGHT THUMBPRINT IOptional) CAPACfTY CLAIMED BY SIQNERfS) OINDIV~DUAL(S) OCORPORATE OFFICER(S) mllm q PARTNERW q LlMfTED OGENERAL q ATTORNEY IN FACT OTFtUSTEEfS) OGUARDIANIC~NSERVAT~R q OTHER: SIQNER IS REPRESENTINO: (Name of Per~onfs) or Entityfh) BOND NO. S-900 1069 FAITHFUL PERFORMANCEMMRRANIY BOND WHEREAS, the Board of Directors of the Carkb;ld Munidpal Water District of the City of Carl&d, State of California, by Resolvtron No. 1125 , adopted June 12, 2001 , has awarded to PULLMAN ENGINEERING, INC. ., (here!irIaftet designated es the %inoipa!“), a Contract for. El fuerte Transmission Pipeline, Contract No. 58161 in the Carl&ad Municipal Water district, in strict conformity with the contract, 4he drawings and spec#icaUons, and other Contract Documents now on file in the Office of the Seaatary of the Board of Directors (Cii Clerk of the Cii of Carlsbad), all of which are incorpo&ed herein by Thai teference. , WHEREAS, Principal has executed or is about to exeaBe said Contraot and the terms thereof ’ require the furnishing of a bond for the faithful performance and warranty of said Contract; . NOW,MEREFOR WE, PULLMAN ENGINEERING, INC. , as Principal, (hereinafter designated as the “Con&&of’), and WASNINGTON INTERNATIONAL INSURANCE COMPANY J as Surety, are heki and firmiy bound unto the Cartsbad Munidpal WarOise& in the sum of FIVE HUNDRED TWENTY FOUR THOUSAND, FOUR HUNDRED EIGHTY EfCHT AND NO/OO---------------------~ollars ($ 524,488.OO J said sum being equal to one hundred petcent (100%) of the estimated amount of me Contras, to be paid to District or its certain attorney, its su ccessow and assigns; 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 CONOITION OF THIS OBLlGATiON IS SUCH that If the above bounden Contractor, their heirs, executors, edmlnktrators, successors or assigns, shall in all things stand to and abide by, and well and tn~ly 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 specffied, and in all respects according to their tnre intent and meaning, and shall indemnity and save harmless the Carisbad Municipal Water District, its off~oers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it &&I remain in f$l force and effect. As a part of the obligation secured hereby and ‘in addition to the face amount specilied therefor. there shall be induded coats and reasonable expenses and fees, lncludhg reasonable attorney’s fees, incurred by the District in successfully enforcing suoh obligation, ail to be taxed as costs and inoiudcd In any judgment rendered. ’ Surety stipulates and agrees t&t-no change, extension of time, aiteration or addition to the krrne of the Contract, or to the work to be performed thereunder or the specifications accompanylog the same shall affect Its obligations on this bond, and It does hereby waive notice of eny change, extension of time. alterations or addition to the terms of the contract or to the work or to the speoiflcations. # 5/f 0100 Contract No, 3816 Page 37 of 104 PaQes In the event that Contractor Is an indlvlclual, it is agreed that the death of any such Contmtor shall not exonekte the8urety fiwn Its obllgatians under thls bond. l%cuted by CONTRAC+OR this 2 8 dayof %hJ~ ,20& CONTRACTOR; PULLMAN ENGINEERING, INC. HASNINGTON INTERNATIONAL INSURANCE CONPANT (namtg@ Contractof) (name of Surety) (sign here!) ChRisS.~Ilfnm~ (print name here) lawhrk - barw?-n &mwwl flY I2 c de and Organization of &a&y)’ A Executed by SURE-W this 19th d&f ,200l * WREN: 17411 IlwINE MNJLEvARD SUITE H TUSTIN. CA. 92780 (address of Suretym~ 714-838-9065 (talephone number of Surety) _ By: ,! L. ,/‘/ 1 -c( ~. f&-L ~ b . :-(; &/7 if (signature of Attorney-in=Fact) CHRISTINE A. PATERSON (printed name of Attorney-in-fact) (Attach corporate resolution showing current power of attorney.) . cknowiedge of exe CTOR and SURETY must be attached,) (President or vice-president and secretary or assistant secretary must sign for corporations. If only , one ofTicer.signs, the corporation must attach a resolution certified by the secretary or asWant se#etay under corporate seal empowering that ofker to btnd the qqoration.) APPROVED AS TO FORM: Contract No, 3816 Paue 38 of 104 hoes CALIFORNIA ALL-PURPOSE ACKNOWLEDBMENT No. SW7 State of California County of San Diego On '6-19-01 DATE before me, America San Martin, Notary Public I NAME. TITLE OF OFFICER -E.G., -JANE WE. NOTARY PUBLIC personally appeared Christhe A. Paterson > NAME(S) OF SIGNER(S) @ personally known to me - OR - a proved to me on the basis of satisfactory evidence to be the person(g) whose name(z) isb subscribed to the within instrument and ac- knowledged to me thatstrerlshem executed the same in his/her/their authorized capacity{&@, and that by xk%/herm signature(x) on the instrument the person@), or the entity upon behalf of which the person(z) acted, executed the instrument. y&‘J ,;,;i’“, ;z 4 WITNJhancJ and oe$- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fcrm. CAPACITY CLAIMED BY SIGNER a INDlVlDUAL a CORPORATE OFFICER DESCRlPTlON OF AllACHED DOCUMENT TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR a OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENlllWIES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 WASHINGTON INTERNATiONAL INSURANCE COMPANY POWER OF A77ORNEY ,W ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws bf the State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint * JEROLD D. HALL, SANDRA J. LI’ITLE, CHRIS A. LYDICK, LET/CIA SAN MARTIN, CHRISTINE A. PATERSON, VALERIE hl. PEARCE, &ART 6. STEWART AND J.T. WARNOCK EACH IN THEIR SEFARATE CAPACIN its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law. statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and / or its principal officers. This Power of Attorney shall be limited in amount to $7,500,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22.1978, July 3, 1980 and October 21, 1988 which read, in part, as follows: 1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact. who are hereby authoriued to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate. bond or undertaking relating thereto, by facsimile. Any such Power of Attorney. certiicate bond or undertaking bearing such facsimile signature or facsimile seal afixed in the ordinary course of business shall be valid and binding upon the Company. -,.., ;‘::!‘:.!:: ~TIM.ONYWHEREOF, the Washington International Insurance Company has caused this instrument to be signed and its corporate seal t>+.affixed by its authorized officer, this 29th day of .f? -Y v .- - . . ., -C * *.. : . .d - -7.f.. .. _ . ._ .;, c.2” I%; “cr&-&’ - -4;~ ATIONAL INSURANCE COMPANY ;&.;* &J.& & s,+ ‘.. *,*.’ $3 l *.,....** s&&q$&f+8 COUNTY 5 UPAGE) On this 29th day of November, 1999, before me came the individual who executed the preceding instrument, to mepersonally known, and, being by me duly sworn. said that he is the therein desaibed and authorized officer of the Washington International Insurance Company; that the seal affied to said instrument is the Corporate Seal of said Company; lN ~,~~,~~~~~~~~~~~~~~ceunto set my hand and affied my Official Seal, the day and year first above written. OFFlClAL SEAL 5 E YASMtN A PATEL $ NCfP.RY PiKXIC, STATE OF ILCtNorS < t&Y CO?iCXiSS8)0~1 WWILS:OSIl8/2 Q CEmlfpAyL -;.- - - -- - - .*r.bm%.*.ud STATE OF JLUMOIS) COUNTY OF DUPAGE) 1, the undersigned, Woe-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article ttl Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. led and sealed in the County of Dupage. Dated the 19th day of JTJL@I 2001 I- County of 5m D&a J Od&,, LA%” I before me,?&tm f.+n a&/e. h&d?& iNAME/TlTLE OF OFtiCER-,.e.‘JANE DdE. NOTARY PU&C’l personally appeared INAMEISI OF SGNERISII &personally known to me -OR- Cl g roved to me on the asis of satisfactory evidence to be the person&) whose name(g) rs/ar$ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h&/their authorized capacity(ies!, and that by his/her/therr signaturem on the instrument the person(s), or the entity upon behalf of which the person acted, executed If ) t e instrument. y hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. MIS CERTIFICATE Tflb or Tvpa of Document MUST BE AnACHED TO THE DOCUMENT Number of Pqar Dste of Document DESCRIBED AT RIGHT: Siinerlsl Other Than Named Above RK3HT THUMBPRINT (Options) I I CAPACITY CLAIMED BY SIDNERIS) OINDIVIDUALfS) OCORPORATE OFFICER(S) (TITLES) nPARTNERfS1 OLIMITED CIGENERAL OAJTORNEY IN FACT OTRUSTEEfS) OGUARD~ANICONSERVATOR OOTHER: SIONER IS REPRESENTINQ: (Name of Person(r) or Entity(iiml RIGHT THUMBPRINT (Optional1 CAPACITY CLAIMED BY SIONERISJ OINDIVIDUALfSI q CORF‘ORATE OFFICERW unLE83 OPARTNERfS) OLIMITED OGENERAL OAlTORNEY IN FACT q TRUSTEEIS) q GUARDlANiCONSERVATOR q OTHER: MINER IS REPRESENTIND: (Name of Parron or Entlty(iis) WOLCOTTS FORM 113240 Rev. 3.94 bmce clma S-2A) Q 1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACIP/IREPRESENTATlONlTWO FINGERPRINTS State of CL IrLnrb County of SR* D, Ida J /7 J (DATE) personally appeared INAME OF SiGNERIS &-personally known to me -OR- 0 ii roved to me on the asis of satisfactory evidence to be the person(S) whose name&) is/afi subscribed to the within instrument and acknowledged to me that b&she/thfl executed the same authorizs caE%$%$ and that b ~n/h;;~txi; signature( x instrument the person( or the entity upon behalf cHe;hlch the person(s) executed instru’ment. the y hand and official seal. RIGHT THUMBPRlNT ~Optfoml~ CAPACITY CLAIMED BY SIONERW q INDlWDUALfS) OCORPDRATE OFFICER(S) Inn884 OPARTNERfS) OLlMlTED OGENERAL q Al-fORNEY IN FACT q TRUSTEEIS) OGUARD~ANIC~NSERVAT~R q OTHER: SIONER IS REPRESENTIN& (Name 01 Pcwonb) or Entityliis) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THfS CERTlFlCATE Tiib or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pwet Date of Document DESCRIBED AT RIGHT: Siinerls) Other Than Nwned Above WOLCOTTS FORM (13240 Rw. 3-04 lwcs elm S-2Al UJ 1994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WlTH StGNER CAPACITYIREPRESENTATlONrrWO FINGERPRINTS RIGHT THUMBPRINT (Optbnd) CAPACfTY CLAIMED BY SIGNERIS) q IND~VIDUALISI q CORPORATE OFFICERfS) rnnrsl q PARTNERW q LIMITED OGENERAL OAlTORNEY IN FACT OTFlUSTEEfSI q GUARDIANIC~NSWWAT~R OOTHER: SIONER IS REPRESENTINO: (Name of Person(r) or Entltylms) 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 “Contractor” and whose address is hereinafter called whose address is called “Escrow Agent.” hereinafter For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the District pursuant to the Construction Contract entered into between the District and Contractor for El Fuerte Transmission Pipeline, Contract No. 38161 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 , 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. 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 District consents to the withdrawal of the amount sought to be withdrawn by Contractor. p3 5/10100 Contract No. 3816 Page 39 of 104 Pages 7. The District shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the District 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 Name Signature Address For Contractor: For Escrow Agent: For Contractor: k q Ir 5/10/00 Title Name Signature Address Title Name Signature Address Title Name Signature Address Contract No. 3816 Page 40 of 104 Pages At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For District: For Contractor: For Escrow Agent: VF$ 5/l 0100 Title Name Signature Address Title Signature Address Title Name Signature Address Contract No. 3816 Page 41 of 104 Pages 6“ . . “I - SUPPLEMENTAL PROVISIONS FOR CONTRACT NO. 3816 EL FUERTE TRANSMISSION LINE ’ SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-l TERMS . Add the following section: 1-l .I Reference to Drawings. Where words “shown “, “indicated”, “detailed”, “noted”, “scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: l-l .2 Directions. Where words “directed”, “designated”, ” selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to properly complete the work as required and as approved by the Engineer,” unless stated otherwise. Add the following section: l-l.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 Engineer”, unless otherwise stated. Where the words “approved”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. l-2 DEFINITIONS. Modify as follows: 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. ?3 5/10/00 Contract No. 3816 Page 42 of 104 Pages r .’ i , _ i$“ -v _ . II III c I .._,.. *e L’_ .U I Board of Directors - the Board of Directors of the Carlsbad Municipal District of the City of Carlsbad. Executive Manager - the Executive Manager of the Carlsbad Municipal Water District or his/her approved representative. Dispute Board - persons designated by the Executive Manager to hear and advise the Executive Manager on claims submitted by the Contractor. The Executive Manager is the last appeal level for informal dispute resolution. Engineer - the City of Carlsbad Deputy City Engineer or his/her approved representative. The Deputy City Engineer is the third level of appeal for informal dispute resolution. 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 or employee of the Agency or a public utility. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for informal dispute resolution. Project inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Project Manager - the District Engineer of the Carlsbad Municipal Water District or his/her approved representative. Senior inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS l-3.2 Common Usage, Add the following section: Abbreviation Word or Words AC Asphalt Concrete ACP Asbestos Cement Pipe Apts Apartment and Apartments AWWA American Water Works Association Bldg 5 Building Band Buildings Centerline a 5/l 0100 Contract No. 3816 Page 43 of 104 Pages yI_, -+-. -- . I.. ; *, -. ._ *.. s” CMLK CMWD CSSD CfS Comm DIA DR DWG E EL EXIST FM FT G gal Gar GNV gpm HORIZ ID IE LCWD MAX MIN MSL MTBM NCTD NO OHE OMWD PROJ RCE RPME S SDNR SDRSD SFM SPECS STA ’ STL t T TM TOL TOP TYP UE VERT ,W #ND Cement Mortar Lined and Coated Carlsbad Municipal Water District Carlsbad Supplemental Standard Drawings Cubic Feet per Second Commercial Diameter Dimension Ratio ’ Drawing Electric Elevation Existing Force Main Feet Gas Gallon and Gallons Garage and Garages Ground Not Visible gallons per minute Horizontal Inside Diameter Invert Elevation Leucadia County Water District Maximum Minimum Mean Sea Level (see Regional Standard Drawing M-12) Microtunneling Boring Machine North County Transit District Number Overhead Electric Olivenhain Municipal Water District Project Registered Civil Engineer Rubberized Polymer Modified Emulsion Right-of-Way Sewer or Slope, as applicable San Diego Northern Railway San Diego Regional Standard Drawings Sewer Force Main Specifications Standard Steel Minimum Thickness of Steel Plate Telephone Tentative Map Tolerance Top of Pipe Typical Underground Electric Vertical Water, Wider or Width, as applicable Vallecitos Water District Contract No. 3816 Page 44 of 104 Pages . . -_. , s ,-. ” _, < . I ..I, . Y. . . SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, Add the following section: 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. 24 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is listed in the latest version of U.S. Department of Treasury Circular 570.” Modify Paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful 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 bu the terms of the contract when the total amount payable does not exceed five million dollars ($5000,000. 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 ($1 O,OOO,OOO). 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 Engineer. The bonds to secure payment of laborers and material suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following section: 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. 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 aTi b 5/10/00 Contract No. 3816 Page 45 of 104 Pages c*. .y-~r .-c,wI*r.w- .d __.I c 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, Add the following section: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2000 Edition 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 construction plans consist of one sets of drawings. The set is designated as City of Carlsbad Drawing No. 388-9 and consists of 12 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent edition of the City of Carisbad Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.1.1 Reference Standards. Standards listed as “Reference Standards” in the various sections of these contract documents are hereby incorporated into this specification by reference. Referenced documents shall include all revisions, amendments, supplements or addenda issued on or before the date of advertising for bids. The Carlsbad Municipal Water District Standards, Rules and Regulations for Construction of Potable Water Mains, Reclaimed Water Mains, Standard Sewer System Design Criteria, and Standard Drawings are incorporated into these contract documents by their reference herein and will be enforced unless superseded by the project specifications or specific details of the contract documents. 2-5.2 Precedence of Contract Documents, modify as follows: 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 Carisbad 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. l m w 5/10/00 Contract No. 3816 Page 46 of 104 Pages -, ...j -.-. . . . . .> ,, 1 2-5.3.3 Submittals, Add the following section: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth submittal has been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractors letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractors certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals 6) Description of the contents of the submittals. 7) Identification of deviations .from the contract documents. When submitted for the Engineer’s review, Shop Drawings shall bear the Contractor’s certification that he has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: “I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval. By: Title: Date: Company Name: Add the following section: 2-5.3.4 Approved Materials List Related to Domestic Water. All the material used on this project, including pipe, valves, couplings etc., shall be in accordance with items listed in the Carlsbad Municipal Water District Rules and Regulations for Construction of Potable Water Mains, Reclaimed Water Mains, and the Standard Sewer System Design Criteria or as specified herein. Materials referenced in the standard may be used on this project, Materials not on the list must be submitted for the District’s approval in accordance with established procedure, and shall be accepted for use on this project prior to its purchase and installation as part of the work of this contract. 2-5.3.5 Submittals Relating to Domestic Water The shop drawings relating to the domestic water, improvements that shall be submitted to the Engineer for review by the Carlsbad Municipal Water District’s (CMWD) Representative shall include, but not be limited to, the following: 30-inch Steel Pipie Butterfly Valves Air and Vacuum Valve Assemblies Gate Valve and Valve Boxes Trench Shoring Details and Excavation Plans Painting and coatings Schedule Traffic control plans Q 5/10/00 Contract No. 3816 Page 47 of 104 Pages *. ?. _,. 7.l.” ._ . Submit seven copies of submittals unless otherwise stated. Three copies will be returned to the Contractor. Number submittals using numbering system as directed by the Engineer. Shop Drawing Transmittal Form. The form included at the end of this section shall be used unless otherwise directed by the Engineer. Submit a separate form for each submittal number. Submittals without completed Contractors Transmittal Form attached to each copy of each submittal listed in Schedule of Submittals will be returned without review and stamped “REJECTED”. Exceptions and departures from Contract Documents shall be clearly noted, along with justification for each exception or departure. Otherwise, review or approval of submittals- shall not constitute approval of exceptions or departures. Stock or standard drawings will not be accepted for review unless full identification and supplementary information is shown thereon in ink or typewritten form. Review of submittals shall proceed as follows: 1) Submit specified quantity of complete submittals together with Shop Drawing Transmittal Forms to the Engineer for review. Fold submittals to approximately S-inches by 12-inches. 2) Submittals will be stamped “NO EXCEPTION TAKEN”, “MAKE CORRECTIONS NOTED”, “AMEND AND RESUBMIT”, or “REJECTED - RESUBMIT”. Three copies with letter of transmittal will be returned to Contractor. 3) If drawing or data is stamped “AMEND AND RESUBMIT,, or “REJECTED - RESUBMIT”, make necessary corrections and resubmit documents as required in Instruction 1. The Shop Drawing Transmittal Form transmitting revised documents shall show that documents comprise a resubmittal. Revisions and re-submittals shall be numbered as Revision #1 , Revision #2, or as appropriate. 4) If changes other than those noted by CMWD’s Representative or the Engineer are made on a submittal before resubmittal, note such changes on resubmittal. 5) Revise and resubmit submittals as required, until confirmation of compliance is obtained. Costs incurred by CMWD for second and subsequent re-submittals will be deducted by the Engineer from payment due Contractor. Allow not less than 20 calendar days for review and response to submittals. Review may be delayed if contingent on receipt of other submittals. Upon timely written request by Contractor, the Engineer and CMWD will make reasonable efforts to shorten review periods which may fall on Contractor’s critical path. Do not begin work described in submittals until such submittals have been reviewed and returned by the Engineer from CMWD stamped “NO EXCEPTIONS TAKEN,, or “MAKE CORRECTIONS NOTED”. Acceptance of delivery of products prior to receipt of the Engineer’s satisfactory return of applicable submittals shall be at Contractor’s risk. rf’d 5/10/00 Contract No. 3816 Page 48 of 104 Pages Add the following section: 2-5.3.6 Initial Submittals Relating to Domestic Water. Submit to the Engineer for transmittal to CMWD the following within 48 hours after bid opening. Names and addresses of manufacturers furnishing products relating to the domestic water, recycled water and sewer improvements valued greater than either 5 percent of contract value or $50,000. State locations of shops at which manufacture will take place. Include a brief description of products proposed, including sizes and catalog numbers. Letter identifying Contractor’s superintendent, safety officer, and traffic control coordinator, including emergency telephone numbers and signature authorization, and listing names, addresses and telephones for subcontractors. The Schedule of Values required in Section 6-12 shall be submitted as Shop Drawings at least four (4) days prior to the Pre-Construction Meeting. A review of any comments regarding these schedules will take place at the Pre-Construction Meeting. The Contractor shall satisfactorily address these comments through a revised submittal prior to issuance of the Notice to Proceed. 2-5.3.7 Submittals On Engineer’s Request for Supplemental Information Relating to Domestic Water. Supplemental information will be requested for ‘approved equals” and may be requested when there is a question that a manufacturers product conforms to Contract Documents. Engineer and CMWD reserves right to require submittal of supplemental information as described herein before approval of product. Certification of compliance with listed reference standards shall be submitted by manufacturers on Engineers request. Failure of Engineer to request certification of compliance shall not serve as waiver of Contractor’s duty to comply with reference standards. Transcripts of results of acceptance tests performed at point of manufacture of products furnished shall be submitted by manufacturers on Engineer’s request. Samples shall be submitted on Engineer’s request, Names and addresses of nearest local service representatives that maintain technical service personnel and complete inventory of spare parts and accessories shall be submitted on Engineer’s request. List of three installations in which products comparable in size, capacity and rating with those required in Contract Documents are now in regular operation shall be submitted on Engineer’s request. Include listing of size capacity or rating of each installation. Include name and telephone number of at least one reference responsible for operations at each installation whom the Engineer may contact. 2-5.3.8 Shop Drawings And Product Data Relating to Domestic Water. Shop drawings shall clearly show dimensions, clearances, slopes, floor space requirements, tolerances, conduit, anchor bolt sizes and embedments, finishes, performance characteristics, and rfs 5/10/00 Contract No. 3816 Page 49 of 104 Pages **’ . .&” -,L- , *“.* ,. .r -.. ^ . ,. weight and type of products. Shop drawings shall indicate the location at which products are to be installed, how equipment will be mounted, how it relates to adjacent structtires or products, and how connection will be made between Work under this contract and work under other contracts. Shop drawings shall show parts lists and details of appurtenances to be furnished with specified items, along with references to appropriate ASTM, Federal Specifications and other reference standards .and grades. Use of contract drawing reproductions for shop drawings is subject to rejection. Catalog data shall clearly indicate applicable items when several products are covered on one page. Using black ink, indicate on submitted catalog data, specification section or plan reference being satisfied. Installation or Application Instructions shall be manufacturer’s printed instructions including warranty requirements, clearances required and proper field procedures to deliver, handle, install and prepare product for use. In the absence of manufacturer’s published literature, ASTM, AWWA or trade standards for proper installation will be accepted. Operation and Maintenance Instructions shall be manufacfurer’s printed instructions for correct operation and maintenance procedures for product, along with data which must accompany manual as directed by current regulations of government agency. Include operating instructions for each piece of equipment. Describe equipment function, operating characteristics, limiting conditions, operating instructions, startup procedures, normal and emergency conditions, regulation and control, and shutdown. Include preventative maintenance instructions. List warranty requirements. Explain and illustrate preventative maintenance tasks. Include lubrication charts, lists of acceptable lubricants, trouble shooting instructions, and lists of required maintenance tools and equipment. List recommended spare parts, their costs, and ordering information for 1 manufacturer who can supply these parts. Index instructions for easy reference. Include information for installed equipment only. Manufacturer’s Statement of Responsibility shall be copy of form attached, signed by authorized factory representative for manufacturer whose product is being furnished. Certification of Compliance shall certify materials have been sampled, tested and found to comply with applicable reference standards. Engineering Calculations shall be clearly legible, and shall demonstrate compliance with state and local codes, applicable standards, and contract requirements. Calculations shall be sealed by a licensed engineer. q b 5/10/00 Contract No. 3816 Page 50 of 104 Pages SHOP DRAWING TRANSMITTAL FORM (To be submitted to the Engineer for transmittal to Carl&ad Municipal Water District.) FROM: DATE: PROJECT NAME: El Fuerte Transmission Lime TO: Citv of Carlsbad PROJECT NO. : 1635 Faraday Avenue Carlsbad, CA 92008 OWNER: Citv of Carlsbad Al-l-N: Mr. Mark Biskup 1635 Faradav Avenue Engineer Carl&ad, CA 92008 THIS IS AN ORIGINAL THIS IS A REVISION SUBMITTAL NO.: SUBMITTAL OF SUBMITTAL NO.: SUBJECT OF SUBMl-lTAL: SPECIFICATION SECTION(S): PLAN SHEET NUMBER(S): CONTRACTOR’S CERTIFICATION: Check & Complete either (A) or (B) below: -(A) We have reviewed in detail and certify that the material, equipment or construction procedure(s) contained in this submittal meet all the requirements specified in or shown on the Contract Documents, Construction Specifications and Construction Plans with no exceptions. We have reviewed in detail and certify that the material, equipment or construction procedure(s) contained in this submittal meet all the requirements specified in or shown on the Contract Documents, Construction Specifications and Construction Plans except for the following deviations: CONTRACTOR’S AUTHORIZED SIGNATURE: +3 5110100 Contract No. 3816 Page 51 of 104 Pages Add the following section: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built” record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. 2-7 SUBSURFACE DATA Add the following section: A geotechnical investigation of the type of soils to be encountered along the.proposed pipeline alignment has been performed for the purpose of assisting in the design of the pipeline improvements. See Appendix ‘S”. If in the scope of the proposed construction soil conditions are encountered which differ from those described in the attached report, the Engineer shall be notified immediately to review and provide supplemental testing.. 2-9 SURVEYING. 28.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The surveyor shall file corner record(s) as required by Q§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to ‘the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and wvers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, ‘Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8’1,” by 11”) paper. The field notes, calculations and data shall be clear and complete with name of the Surveyor, the party chief, field crew t @B w 5/10/00 Contract No. 3816 Page 52 of 104 Pages members, preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any’ computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with $9 8700 - 8805 of the State of California Business and Professions Code when the surveyor performs any surveying that such map is required under $5 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property wmers and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contra&or and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Street Centerline Asphalt Pavemeni Finish Course Drainage Structures, Pipes & similar FacilitiesO. 0 Stake Centerline or Parallel to Centerline Description Spacing@, @I 0 SDRS M-10 r;300m (1 000’) Street Intersections, Begin Monument and end of curves, only when shown on the plans RP, paint on 5 7.5m (25’) or as per the intersection grid previous points shown on the plan whichever provides course the denser information RP + Marker intervisible 8 s 7.5m (25’) beginning and end Stake BC 8 EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers 8 similar facilities (except plumbing), Skewed cut-off lines Lateral Spacing 0, Q on street centerline edge of pavement, paving pass width, crown line & grade breaks as appropriate OF s .& 3 3 ,111 s . 9 s :lu !, ,it s 11 ra e Id II II I I El ‘C 3 I -.v L ,.Ol s .tn tic 3ti Setting Tolerance (Within) : ,n! ,i 7 mm (0.02’) Horizontal, also see section 2-9.2.1 herein 10 mm (Yr,“) Horizontal & 7 mm (‘/,“) Vertical 10 mm (“/,“) Horizontal 8 7 mm (‘I,“) Vertical t”s 5/10/00 Contract No. 3816 Page 53 of 104 Pages curb I I. Miscellaneous 0 Utilities 0, 0 Markers 0 Pavement Markers0 RP Stake RP + Marker Stake RP + Marker Stake RP 0 Staking for feature may be omitted when adjacent marker stakes reference tl s 15 m (50’) on tangents 8 curves when Rr 300m (1000’) & s 7.5m (25’) on curves when R s 300m (1 OOO’) or where grade s 0.30% for asphalt street surfacing S 15 m (50’) on tangents & curves when Rr 300m (1000’) & s 7.5m (25’) on curves when R s 300m (1000’). 60 m (200’) on tangents, 15m (50’) on curves when R 2 300m (1OOO’) & 7.5m (25’) on curves when R s 300m (1000’) For PCC surfaced streets lane cold join& will suffice he s 7.5m (259, BC 8 EC, at XA, 9’LI & “A on curb returns 8 at beginning 8 end I constant offset) as appropriate At marker location(s) at pavement marker location(s) 10 mm (“I.,-) Horizontal 8 7 mm (‘I,“) Vertical 10 mm (“/,“) Horizontal 8 7 mm (I/,‘) Vertical 7 mm (‘1,“) Horizontal 7 mm (I/;) Horizontal I offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature 0 Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & insp+ion of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table 0 Perpendicular to centertine. 0 Some features are not necessarily parallel to centerline but are referenced thereto @ Multi-plane surfaced features shall be staked so as to provide line 8 grade information for each plane of the feature Q 2 means greater than, or equal to, the number following the symbol. s means less than, or equal to, the number following the symbol. 0 The cut datum for storm drainage 8 sanitary sewer pipes 8 similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the wlor specified in TABLE 2-9.2.2(B) TABLE 2-9.2.2(B) Survey Stake Color Code for Construction Staking Type of Stake Horizontal Control 1 Description 1 Colof 1 Coordinated control points, control lines, control reference points, centerline, 1 White/Red I alianments. etc. I Vertical Control 1 Bench marks I Clearing Grading Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final arade. etc. White/Orange Yellow/Black Yellow Structure I Bridaes. sound and retainina walls. box culverts. etc. I White Drainage, Sewer, Curb Riaht-of-Wav Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Blue Fences, FU W lines, easements, property monuments, etc. White/Yellow Sions. railinas. barriers. liahtino. etc. Oranae l Flagging and marking cards, if used. Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of corner records shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. v3 5/10/00 Contract No. 3816 Page 54 of 104 Pages _ __ ,. ..- I 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractor’s performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to the contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all of its subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. Add the following section: 2-12 Notices To Owners And Authorities. Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. When it is necessary to temporarily deny access to property, or when any utility service connection must be interrupted, Contractor shall give notices sufficiently in advance to enable the affected persons to provide for their needs. Notices will conform to any applicable local ordinance and, whether delivered orally or in writing, will include appropriate information concerning the interruption and instructions on how to limit their inconvenience. Add the following section: 2-13 Unfavorable Construction Conditions During unfavorable weather, wet ground, or other unsuitable construction conditions, Contractor shall confine his operations to Work which will not be affected adversely by such conditions. No portion of the Work shall be constructed under conditions which would affect adversely the quality of efficiency thereof, unless special means or precautions are taken by Contractor to perform the work in a proper and satisfactory manner. Add the following section: 2-14 DESIGN ENGINEER The engineering firm that is responsible for preparation of the Plans and Specifications for the El Fuerte Transmission Line is Dokken Engineering. Dokken Engineering 3914 Murphy Canyon Road., A-153 San Diego, CA 92123 8581514-8377 Contact: David Ahles ?3 5/10/00 Contract No. 3816 Page 55 of 104 Pages Add the following section: 2-15. COORDINATION WlTH CARLSBAD MUNICIPAL WATER DISTRICT FOR DOMESTIC WATER, RECYCLED WATER AND SEWER IMPROVEMENTS Contact Carlsbad Municipal Water District (CMWD) 72 hours before start of construction at the following location: CARLSBAD MUNICIPAL WATER DISTRICT 1635 Faraday Avenue . Carlsbad, CA 92008 Do not begin Work until Contractor’s schedule, traffic control plans, haul routes, and permits have been reviewed and approved by the City of Carlsbad and CMWD. Notify Engineer and CMWD Operations Department in writing at least 72 hours before shutdown of water, sewer or drainage facilities. Do not assume water or sewer lines can be shut down. Do not shut down utilities without prior written authorization. Shut down schedules for either recycled water or sewer shall be submitted and reviewed as a shop drawing. Contractor shall follow procedure as outlined in Section 2-5.6. Coordinate draining and filling of water lines, and operation of existing valves with the CMWD or appropriate Utility Owner. Coordinate with CMWD and Vallecitos Water district for operation of interdistrict tie-in valve during Alga Road water main shut down. Coordinate with CMWD Operations Department regarding time of day that system tie-ins are made. , 2-16 COORDINATION WITH UTILITIES Obtain service requirements from public utilities for water, sewer, gas, power, telephone, telemetering and other utility requirements. Work needed to connect to public utilities shall comply with utility service requirements. Pay service charges of utilities, including charges for trenching, piping, conduit, cables, boxes, metering, grounding and backfill. Notify utility 72 hours before commencing any work directly or indirectly affecting utility facilities. Protect existing underground utilities. Electrical utility companies may maintain energized aerial electrical power lines in immediate vicinity of Work. Do not consider these lines to be insulated. Construction personnel working near these lines are exposed to an extreme hazard from electrical shock. Contractors, their employees and construction personnel working on this project must be warned of the danger and instructed to take adequate protective measures, including maintaining a minimum of 10 feet clearance between lines and construct@ equipment and personnel. (See OSHA Std. 1926.550(A)15). As an additional safety precaution, call electrical utility company to arrange, if possible, to have these lines de-energized or relocated when Work reaches their immediate vicinity. Cost of such temporary arrangements shall be borne by Contractor. SECTION 3 -- CHANGES IN WORK 3-3 EXTRA WORK. 3-3.2.1 Contract Unit prices, Add the following section: 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 v3 5/10/00 Contract No. 3816 Page 56 of 104 Pages excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra work. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: 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 tht compensation for bonding. WY W 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, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 34 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph five (5) and Add the following section: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency or ‘. upon their discovery and before they are disturbed shall constitute a waiver of all claims in , thr connection therewith. v3 5/10/00 Contract No. 3816 Page 57 of 104 Pages 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. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” By: Title: Date: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following section: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and Add the following section: Prior to proceeding with dispute resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. Public Works Director 5. Executive Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the District will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the District will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s Contract No. 3816 Page 58 of 104 Pages position up to the Executive Manager after which Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the Executive Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or !ess 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)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that “public work” does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not 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)(l) 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)(l) 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 G 5/l o/00 Contract No. 3816 Page 59 of 104 Pages 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 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)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141 .lO) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141 .ll 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 .lO) 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. tfs 5/10100 Contract No. 3816 Page 60 of 104 Pages 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as othewise 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. SECTION 4 - CONTROL OF MATERIALS 4-l MATERIALS AND WORKMANSHIP. 4-1.3.1 General, Add the following section: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfil1 this Contract. 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. Add the following section: 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 Engineer, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, Add the following section: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility t”d 5/10/00 Contract No. 3816 Page 61 of 104 Pages 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. The Engineer has 20 days to review Substitution Request. Add the following section: 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 acwmpanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 -- UTILITIES 5-l LOCATION. Add the following section: 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. .5-4 RELOCATION. Delete the first paragraph and substitute the following: 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 Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Revise the last sentence of the second paragraph of subsection 6-l to read: “The Work shall start within 10 calendar days after receipt of the “Notice to Proceed” unless otherwise prohibited by permits from other agencies as may be required by law.” Add the following section: ?a 5/10/00 Contract No. 3816 Page 62 of 104 Pages 6-l .l Pre-Coristruction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’: management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be wnvened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 64.2 Measurement And Payment Of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. The Contractor shall use commercially available software equal to the Windows 95 compatible ‘Suretrack” program by Primevera or Project Program by Microsoft Corporation to prepare Baseline Construction Schedule and all updates thereto. Add the following section: 64.3 Scheduling Software. The contractor shall use commercially available software equal to the Windows 95 compatible ‘Suretrack” program by Primavera or “Project” program by Microsoft Corporation, to prepare Baseline Construction Schedules and all updates thereto. The Contractor shall submit to the Agency an 89 mm (3.5”) data disk with all network information contained thereon, in a format readable by Microsoft Windows 95 System. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified-in the Specifications. The following descriptions outlining the order of work are provided for the Contractors review and information. The descriptions for Phase 1 through 4 are overviews only and shall not relieve the Contractor from its responsibilities to perform the coordination and work in accordance with the plans and specifications. Some phases or portions of phases may overlap each other and/or occur during the same time period. Add the following section: 6-2.2 General Construction Sequence. Phase 1: Pothole utilities - crossings, connections and potential conflicts. Phase 2: Submit shop drawings. Phase 3: Construct proposed 30-inch Waterline. Phase 4: Complete testing and disaffection of 30-inch Waterline. Phase 5: Complete connection of 30-inch waterline to existing 27-inch water main in Agua Road and connection to existing 30-inch domestic water system. Phase 6: Place new water pipeline into service. Phase 7: Project Closeout Add the following section: v3 5/10/00 Contract No. 3816 Page 63 of 104 Pages 6-2.3 Project Meetings. The Engineer will establish the time and location of (weekly) Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Projec’ Representative shall be the individual determined under section 7-6, The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. The Contractor shall submit to the Agency an 89mm (3.5”) data disk with all network information contained thereon in a format readable by Microsoft Windows 95 System. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following section: The Contractor shall diligently prosecute the work to completion within 130 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following section: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7100 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-6 COMPLETION AND ACCEPTANCE. Delete the second paragraph and Add the following section: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. trr4 5/10/00 Contract No. 3816 Page 64 of 104 Pages Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year atIer rewrdation 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. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and Add the following section: 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 Five Hundred Dollars ($500.00). Execution of the Contract shall constitute agreement by the Agency and Contractor Five Hundred Dollars 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. SECTION 7 - RESPONSIBILITIES of the CONTRACTOR 7-1 CONTRACTOR EQUIPMENT AND FACILITIES Add the following section: 74.1 Staging Area. The Contractor is responsible for locating and leasing all property necessary for the engineer’s and Contractor’s trailers including, but not limited to, storage of materials and parking. Completely fence the sites for staging areas with chain link fence. Maintaion all staging areas according to all applicable sanitation and safety regulations. Applicable requirements include the provisions contained in Section 7 - Responsibilities of the Contractor. Site security shall be the sole responsibility of the Contractor. Staging areas shall be returned to their original condition upon completion of the work. 74.2 Contractor’s Field Office. Provide a Contractor’s field office with the following minimum facilities: 1. Telephone service and electrical power 2. Sanitary facilities which comply with Section 7-8 3. Fax machine and copy machine 4. Project Sign 5. Contractor’s company sign no larger than 4’ x 8’ All permits required for implementation of the field office shall be obtained and paid for by the Contractor. The field office shall’be removed from the site upon Final Acceptance. 7-3 LIABILITY INSURANCE. Add the following section: 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. ?a 5/10/00 Contract No. 3816 Page 65 of 104 Pages 74 WORKERS COMPENSATION INSURANCE. Add the following section: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers’ compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights- of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-6 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following section: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following section: 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 therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. Add the following section: 7-8.6 Water Pollution Control. The Contractor shall be required to prepare a storm water Preventive and Monitoring program in accordance with the California State Water Resources Control Board order number 2001-Ol-DWQ, NPDES and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity”. Fees shall be paid by the Contractor. +Q 5/10/00 Contract No. 3816 Page 66 of 104 Pages Add the following section:. 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. \ 740 PUBLIC CONVENIENCE AND SAFETY. 740.1 Traffic and Access. Add the following section: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shal! be a 24 hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-l/2 inches by 8-l/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card,stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix “A”. In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. t @s w 5/10/00 Contract No. 3816 Page 67 of 104 Pages 740.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: At least 5 working days prior to closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer.. ............................................................................... (760) 438-2720 2) Carlsbad fire Department Dispatch ................................................ (760) 931-2197 3) Cartsbad Police Department Dispatch ........................................... (769) 931-2197 4) Carlsbad Traffic Signals Maintenance ............................................ (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations ............................................... (760) 438-l 161 X-4500 6) North County Transit District .......................................................... (760) 743-9346 7) Coast Waste Management ............................................................. (760) 929-9400 740.3 Street Closures, Detours, Barricades. Add the following section: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 21 O-l .6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-l .6 for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may bs portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic wnes rather than post-type delineators are used during +3 5110100 Contract No. 3816 Page 68 of 104 Pages the hours of darkness, they shall be affixed or covered with reflective wne sleeves as specified in CALTRANS ‘Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Persona’ vehicles of the Contractots employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic wnes or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9) wnes or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.2 Maintaining Traffb. The Contractor’s personnel shall not work closer than 1.8 m (S’), nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the 0.6 m (2’) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of two paved traffic lanes, not less than 12’ wide, shall be open for use by public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS “Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control System for Lane Closure” of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until he has submitted its plan to the Engineer and has received the Engineer’s written approval of said plan. Add the following section: rf% 5/10/00 Contract No. 3816 Page 69 of 104 Pages 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish ttie alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the “MANUAL OF TRAFFIC CONTROLS”, 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review vg 5/l o/o0 Contract No. 3816 Page 70 of 104 Pages requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-I 0.3.7 Payment ‘The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for “traffic control” shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these special provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for “Traffic Control.” The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item for the cost of labor and material for portable concrete barriers, they will be paid as an incidental to the work being performed, and no additional payment will be made therefor. Progress payments for “Traffic Control” will be based on the percentage of the improvement work completed. Add the following section: 7-10.4.4 Safety and Protectlon 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. 7-13 LAWS TO BE OBSERVED. Add the following section:- Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-16 GEOLOGIC CONDITIONS 7-16.1 General. A geotechnical investigation has been performed. The findings of the investigation are presented in the following report: Limited Geotechnical Sampling El Fuerte Transmission Line dated May 31, 2000. A copy of the report is provided in Appendix “B” of this document. 7-16.2 Subsurface Soil Conditions. The geotechnical information shown on the plans and data in the geotechnical report is not intended as a warranty of continuity of the conditions between soil borings. Groundwater levels shown are specific to the dates of the investigation. The contractor should anticipate that groundwater levels may be 2 to 3 feet higher during the wet season. The Contractor shall be responsible for interpreting the data and developing conclusions. % @S * 5/10/00 Contract No. 3816 Page 71 of 104 Pages SECTION 9 - MEASUREMENT & PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modii as follows: The system of measure for this contract shall be the U.S. Standard Measures. . 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substiite the following: Guarantee periods, shall not be affected by any payment but shall wmmence on the date of rewrdation of the “Notice of Completion.” 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental . payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon . . as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After%nal inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. The estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item 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. a 511 o/o0 Contract No. 3816 Page 72 of 104 Pages If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following section: 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 Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. . Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lump-sum price paid for mobilization shall not exceed Twenty Thousand dollars $20,000.00, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. . . e 511 o/o0 Contract No. 3816 Page 73 of 104 Pages Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. 99.5 Other Payment for protecting or replacing destroyed monuments, or survey stakes and the cost of replacing such staking will be included in the price bid for items of Work for which alignment or limits must be staked. Payment for verification of field dimensions and utility locations will be induded in the price bid for items of work which may require relocation or refitting if field dimensions differ from those shown on plans. Payment for power to be furnished by Contractor for construction use will be included in the price bid for items to which it is appurtenant. Payment under these items will include full compensation for furnishing labor, products, tools, and equipment and doing work necessary to obtain and distribute power for construction purposes. Payment for dust control, including dust palliatives and water supply and application will be included in the price bid for items of work for which dust control during construction is appurtenant. Payment for costs arising from fire or prevention of fire will be included in the price bid for items of work for which fire protection during construction is needed. Payment for noise control facilities will be included in the price bid for items of work where noise control facilities are required during construction. . Add the following section: 9-3.6 Bid Items For This Work. This section wvers methods of measurement and payment for items of Work under this Contract, The total Bid Price shall cover all Work required by the Contract Documents. All costs in connection with the proper and successful completion of the work, including furnishing all materials, equipment, supplies, and appurtenances; providing all construction plant, equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the unit and lump sum prices bid. All Work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid. 9-3.7 Estimated Quantities. All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate and are to be used only (a) as a basis for estimation the probable cost of the Work and (b) for the purpose of comparing the bids submitted for the Work. The actual amounts of work done and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for work and materials will be the actual amount of work done and materials furnished. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the estimated amounts therefor. ?a 5/10/00 Contract No. 3816 Page 74 of 104 Pages SECTION IO - GENERAL 1 O-1 GENERAL 104.1 Work Included. Specific administrative procedures, closeiut submittals, and forms to be used at substantial completion and final completion of work, and project record documents. 10-l .2 Quality Assurance. Upon completion of Contract, Work shall be finished, tested and ready for operation. Work shall fulfilI its intended purpose as described in Contract Documents, in submittals, and in manufacturer’s literature. 10-l .3 Warranty. Warranties shall cover improper assembly or erection, defective workmanship and products, and incorrect or inadequate operation. For equipment bearing manufacturer’s warranty in excess of 1 year, furnish copy of warranty to Owner named as beneficiary. :h, 3 it: on Itt nd e Ip - rd It s.. rlly s II t”4 5/10/00 Contract No. 3816 Page 75 of 104 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS Part 2 - Special Provisions - Construction Materials Part 2 shall conform to Part 2 of the’ standard specifications for Public Works Construction, 2000 editions and the City of Carlsbad rules and regulations for construction of public potable water mains, October 1993, except for the following changes and/or additions: Section 20740 Steel Pipe 207.2.1 General: Add the following section: Acceptable pipe materials for this project are: 1. Welded steel pipe AWWA C 200. Spiral-seam or straight-seam and AWWA M-l 1 with field welded joints: The manufacturer shall furnish a sworn statement that the inspection and all specified tests have been made and the results thereof comply with the requirements of the specified AWWA standards. Drawings and design calculations of the pipe shall be submitted to the engineer for approval. Pipe shall be of the type described below to the minimum size shown and minimum pressure rating as shown on the drawings. The size shown shall mean the clear inside dimension manufactured by one company in the business of designing and manufacturing pipe, complete with lining and coating, of the type specified. Pipe class shown on the plans is the pressure in PSI measured by the distance between the pipe centerline and the operating hydraulic gradient. Welded steel pipe, fittings and specials shall conform to AWWA C 200, “standard for steel water pipe 6-inches and larger.” And shall be cement mortar lined and coated in conformance with AWWA C 205 “standard for cement mortar protective lining and coating for steel water pipe. 4-inches and larger-shop applied.” All welding procedures used to fabricate pipe shall be prequalified under the provisions of ANSI/Awl Dl .l or ASME sec. IX. Welding procedures shall be required for, but not necessarily limited to, longitudinal and girth or spiral welds for pipe cylinders, spigot and bellring attachments, reinforcing plates and ring flange welds, and plates for Lug connections. All welding shall be done by skilled welders, welding operators, and tackers who have had adequate experience in the methods and materials to be used. Welders shall be qualified under the provisions of ANSVAWS Dl .l not more than 6 months prior to commencing work on the pipeline. Machines and electrodes similar to those used in the work shall be used in qualification tests. The manufacturer shall furnish all material and bear the expense of qualifying welders. Steel plates or sheets used in the manufacture of fabricated steel pipe shall comply with table 1 in AWWA C 200 with minimum yield point strength of 30.0000 PSI. Steel to be fully kilned and made to fine grade practice. Design stress shall not exceed 15,000 PSI. 3 Ec 5/10/00 Contract No. 3816 Page 76 of 104 Pages The contract price paid per linear foot for steel pipe shall include all labor, materials, tools, equipment and incidentals required to install the pipe in accordance with the plans and specifications, including pipe, fittings, field coatings, excavation, disposal of excavated materials, bedding, backfill, flushing, pressure testing and disinfection. 207-10.2.2 Design criteria: Add the following section: The minimum steel thickness shall be X inch. 207-10.2.5 Field Assembled Joints: Add: Field welds shall be of a size equal to the thickness of the bell or cylinder, whichever is greater, and shall be built up in passes of not more than one-eighth inch (118”) per pass. Field welding shall conform to AWWA C 206, “standard for field welding of steel water pipe.” In order that the proper shop modifications may be made to the joints to be field welded, the shop fabrications shall indicate details of the typical filed welded joint and the required coating and lining hold-back. All closure and makeup joints shall be made with field welded butt straps with handholes. Butt . straps shall be field welded on the inside and the outside of the pipe joint. 207-10.2.7 Special Sections: Add the following section: Unless otherwise shown on the plans, all specials and fittings shall conform to the dimensions of AWA standard C208. Reinforcement and/or crotch plate design for wyes, tees, outlets and nozzles shall be designed in accordance with AWWA manual M-l I, ‘steel water pipe - a guide for design and installation.” The dished heads required for this project shall be of a size equal to the thickness of the bell or cylinder, whichever is greater and the approved shop drawings, the lining and coating holdbacks shall be shown on the pipe shop drawings. Pipe materials used in fittings shall be of the same material as the pipe, minimum thickness shall be l/4 inch. The minimum radius of elbows shall be 2.5 times the pipe diameter and the maximum miter angle on each section of the elbow shall not exceed 11 % degrees. Fittings shall be equal in pressure design strength and shall have the same lining and coating as the abutting pipe. Specials and fittings, unless otherwise shown on the plans, shall be made segmentally welded sections from hydrostatically tested pipe, with ends to mate with the type of joint or coupling specified for the pipe. Specials and fittings that cannot be mechanically lined and coated shall be factory lined and coated by hand-application using the same materials as are used for the pipe and in accordance with the applicable AWWA standards. Coating and lining applied in this manner shall provide protection equal to that specified for the pipe. Fittings may be fabricated from pipe that has been mechanically lined and/or coated. Areas of lining and coating that have been damaged by such fabrication shall be repaired by hand-applications in accordance with applicable AVVWA standards. 207-10.2.8 Welding: Add the following section: The Contractor shall furnish the engineer with a certified laboratory report stating the results of required welding tests performed during pipe fabrication. ?3 5/10/00 Contract No. 3816 Page 77 of 104 Pages 207-10.4.2 Cement-Mortar Lining and Coating for Steel Pipe: 207-10.4.1 General: Modify to read: “The interior and exterior surface of all steel water pipes shall be protected from corrosion by cement lining and coated with a cold-applied plastic tape with protective motor overcoat as shown on the plans and these specifications.” 207-10.4.2 Cement-Mortar Lining and Coating: Add the following section: All cement to be used shall be Type II Low Alkali Portland cement conforming to ASTM Cl50. The cement mortar lined and coated pipe shall have cement mortar lining thickness of 3/8 inch that shall be in accordance with AWWA C205. Lining tolerance shall be per AWWA C20.5: - l/16*” + l/8. Cement mortar lined and coated pipe shall have a mortar coating thickness of 1%” in accordance with AWWA C205. The cement mortar lining placed after the joints are welded shall be inspected by the city. Add the following section: 207-l 0.4.7 Cement Mortar Lining and Plastic Tape Coating with Protective Mortar Overcoat, Related to Potable Water improvements. (a) General. The steel water pipe shall be cement mortar lined and coated with a cold-applied plastic tape and have a protective mortar overcoat. Cement mortar lining shall comply with the requirements of 207-10.4.2. Cold-applied plastic tape coating shall comply with the requirements of AWWA C 209 and C 214, as modified herein, and with a protective mortar overcoat. The plant and field applied primer and plastic tape, and plant and field applied repair tape shall be by a single manufacturer. The exterior tape coating system shall consist of a primer on the blast cleaned bare metal surface of steel pipe, a three-layer cold-applied plastic tape system and a protective cement-mortar coating applied over the tape system. This system shall be applicable to: 1) Plant applications on straight run of pipe. 2) Plant applications on special sections, connections and fittings, and plant repairs of wld- applied tape. 3) Field applications to pipe joints, field coated fittings and repair of field cold-applied tape. (b) Primer. Primer shall be comprised of 100 percent butyl rubber with resins for adhesion, cathodic disbonding, and stress corrosion cracking inhibitors. The primer shall be Polyken No. 1039 or approved equal. (c) Storage Primer. Storage primer on the exposed steel at the tape cutbacks shall be Polyken No. 924 or approved equal. Color is black. (d) Plant Cold-Applied Plastic Tape System for Straight Run Pipe. 1) Anti-corrosion inner layer tape shall be Polyken No. 989 or approved equal with the following properties. v3 5/10/00 Contract No. 3816 Page 78 of 104 Pages Tape Color: Black. Backing: Consist of a minimum of 98% blend of high and low density polyethylene with the remaining portion of blend of wlorants and stabilizers. Adhesive: Consist of a 100% butyl based elastomers with resins for adhesion, cathodic disbonding, and long-term’inground performance. Thickness: Total thickness 20 mil: Backing, 9 mil; Adhesive, 11 Mil. Tolerance: -5%, + 10%. 2) First mechanical outer layer shall be Polyken No. 955 or approved equal, with the following properties: Color: Black. Thickness: Total thickness 30 mil: Backing, 25 mil; Adhesive, 5 Mil. Tolerance: -5%, + 10%. 3) Second mechanical outer layer shall be Polyken No. 956 UVI or approved equal, having ultraviolet radiation protection properties as follows: Color: White. Thickness: Total thickness 30 mil: Backing, 25 mil; Adhesive, 5 Mil. Tolerance: -5%, + 10%. 4) Total system shall be Polyken YGIII or approved equal. (e) Plant Cold-Applied Plastic Tape Coatings for Specials and Fittings, and Plant Repair of Cold-Applied Tape. 1) Anti-corrosion inner layer shall be Polyken No. 932-50 or approved equal. Total thickness 50 mil. 2) Mechanical layer outer tape shall be Polyken No. 955 or approved equal. Total thickness 30 mil. (f) Field Joint, Field Coated Fittings, and Field Repair of Cold-applied Material. 1) Joint filler tape to be Polyken No. 939 or approved equal. Color: black. Thickness 125 mil. 2) Field joint, field fitting and field repair outer layer shall be Polyken No. 932-50 or approved equal. (g) Mortar Overcoat. 1) Cement shall be Type II, low alkali conforming to ASTM C 150. Mortar overcoat thickness shall be 3/4 inch. 2) Sand shall conform to ASTM C 33 with 100 percent of the sand passing through a No. 4 sieve. Contract No. 3816 Page 79 of 104 Pages 3) Water shall be free of organic materials and shall have a pH of 7.0 to 9.0, a maximum chloride concentration of 50 mg/l (Caltrans 422) and a maximum sulfate concentration of 50 mg/l (Caltrans 417). 4) Reinforcement shall be welded wire fabric 2- by rlinch mesh, ungalvanized conforming to ASTM A 185. Wire with excessive rusting shall not be used. Add the following section: 20740.5 Affidavit of compliance: Affidavit of compliance is required from the manufacturer that the pipe, specials, and fittings furnished under this contract comply with these special provisions, applicable standards and as specified in AWWA C200, C205, and the following supplemental requirements: 1. Physical and chemical properties of all steel 2. Hydrostatic test reports 3. Results of production weld tests All expenses incurred in making samples for certification of tests shall be borne by the contractor and/or manufacturer. Add the following section: 20740.6 Shop Drawings: Manufacturer shall submit copies to the engineer for approval prior to manufacture of any pipe and fittings for the following: 1. Detailed drawings. 2. Tabulated layout schedule. 3. Design calculations for pipe wall thickness. 4. Field joint details. 5. Welding and buttstrap handhole details. Shop drawings shall be in accordance with the requirements of AWWA C200, and C205. Data to be furnished by the contractor shall be in accordance with all applicable provisions of section 2-5.3, :shop drawings,” of the standard specifications where not inconsistent with the plans and the express provisions of these specifications. The drawings accompanying these specifications indicate only the general features of the work, and all proportioning and detailing for the pipeline, specials, and connections shall be done by the contractor. The contractor shall prepare, and submit for review and approval before starting fabrication, a tabulated layout schedule and detailed fabrication drawings. The drawings shall include the configuration, essential dimensions, and materials to be used in fabricating the pipe, pipe specials, and fittings, and shall include details of standard pipe joints, and of typical field welded joints showing the lining and coating holdback. The minimum radius of any fabricated bend shall be at least 2.5 times the nominal pipe diameter. The layout and marking schedule shall include the specific number of each pipe and fitting and the location of each pipe and the direction of each fitting in the completed line. In addition, the layout schedule shall include the pipe station and top of pipe elevation at all changes in grade or horizontal alignment; the station and top of pipe elevation to which the bell end of each pipe will be laid; .and all @B Ec 5/10/00 Contract No. 3816 Page 80 of 104 Pages elements of curves and bends, both in horizontal and vertical alignment. Dimensional drawings of all valves, fittings and appurtenances shall be provided with the layout schedule. Joint and pipe/fitting wall construction details which indicate the type and thickness of cylinder, the position, type, size, and area of wire or reinforcement if required; manufacturing tolerances; and all other pertinent information required for the manufacture of the product. Fittings and specials details such as elbows, wyes, tees, outlets, connections, test bulkheads, and nozzles or other specials where shown on the drawings which indicate amount and position of all reinforcement. All fittings and specials shall be properly reinforced to withstand the internal pressure, both circumferential and longitudinal, and the external loading conditions as indicated in the contract documents. Material lists and steel reinforcement schedule which include and describe all materials to be utilized. Joints directly below existing utilities shall be avoided. The contractor shall determine where to use cut-to-fit pieces and/or field weld on flanges. These shall be shown on the pipe shop drawings. The pipe alignment and grade, the location of valves, fittings and appurtenances, as shown on the contractor’s layout schedule shall conform essentially with those shown on the contract plans. The engineer, at his discretion, may approve minor changes made for economy or convenience in manufacture or construction. Unless otherwise ordered or permitted by the engineer, construction shall conform to the approved layout schedule and fabrication drawings. When approved by the engineer, changes in alignment or grade may be accomplished by deflections at the joints between lengths of standard pipe, or by use of beveled pipe, or by a combination of the two. Before preparing the schedule and fabrication drawings, the contractor shall expose the existing pipe at points of connection and determine their precise locations and alignment relative to the alignment of the new pipe as shown on the drawings. The contractor shall furnish the agency with tracings or transparencies of the approved schedule and drawings, from which the agency can obtain the required prints. The as-built pipe shop drawings provided by the contractor shall be provided to the engineer in electronic format so that they can be incorporated into the project plan sheets at the completion of the project by the engineer. Add the following section: 20740.7 Testing and inspection: All material used in the manufacture of the pipe shall be tested and inspected in accordance with the requirements of ANSVAWWA C200 and C205 as applicable. The manufacturer shall submit certified test reports to the owner for review and/or approval. Acceptance of the testing and inspection shall be based on the certified test reports that are submitted. The contractor and/or manufacturer shall perform said material tests at no additional cost to the owner. The engineer shall have the right to witness all testing conducted by the contractor and/or manufacturer; provided, that the manufacturer’s and/or contractor’s schedule is not delayed for the convenience of the engineer. All pipe shall be subject to inspection at the place of manufacture in accordance with the provisions of ANSVAWWA C200 and C205 and as supplemented by the requirements herein. The engineer shall have the right to inspect the pipe during manufacture as long as the schedule is not delayed for said inspection. The contractor shall provide a written notice of the manufacturing schedule to the engineer and city, so the city wn schedule their plant inspection. ?a 5/10/00 Contract No. 3816 Page 81 of 104 Pages Add the following section: 20740.8 Gaskets, bolts and nuts: Gaskets for flanged joints shall be full face l/8” thick, non- asbestos materials. External bolts and nuts shall conform to AWVVA standard C207-94. For buried service, they shall be corrosion resistant and galvanically compatible with the materials to be bolted. Bolts and nuts shall be zinc-plated carbon steel ASTM-A307, grade ,B” or equal. Add the following section: 207-10.8.1 Flanges: Steel ring, hubless flanges shall conform to AWWA C207-94 and shall be suitable for use with the connecting valve. Flanges shall be Class E or F. 207-10.8.2 Buried Pipe Flanges and Valves: All underground valves, flanges, nuts and bolts shall be liberally coated with non-oxide grease or approved equal and then double wrapped with 8 mil polyethylens film (ANSVAWA) (or equivalent to 16 mil total) and all seams taped to prevent moisture entry, wrap to be snug against fittings and valves. Add the following section: 20740.10 installation, Storage and Handling: Bracing shall consist of at least two (2) sets of stulls for each standard length pipe. Stull struts and stull blocks shall be of such size, shape and material that the pipe is held round and its interior surface protected from damage under all loads encountered in handling, installing and backfilling. Bracing shall remain in place until after the pipe is laid in the trench, and pipe is firmly held in place. Pipe stulls may be removed during the welding process. . . Pipe shall be stored on sand ribbons during both curing operations and during yard storage. Until installation is complete, al! pipe ends shall be covered in a manner to prevent excessive drying of mortar lining as well as entry of dirt, debris, ground water, etc. into the pipe. Until the pipe installation and backfilling are completed, all concrete surfaces of the pipe shall be sprinkled periodically to prevent excessive drying and thermal stressing. At all times after application of the mortar coating or removal of the exterior forms, standard pipe lengths shall be handled by approved means which avoid inflicting any damage. Chain slings shall not be used, and wire rope slings may be used only if encased in heavy rubber hose. During transportation, pipe shall be mounted on padded bolsters curved to fit the pipe. Heavy padding shall be used under the tie chains. The pipe ends shall be closed to prevent air circulation and drying of the pipe interior in transit and during storage until the pipe is laid. The pipe shall be handled by use of 12“ wide nylons slings, padded cradles, or other devices, acceptable to the engineer, designed and constructed to prevent damage to the pipe coating/exterior. The use of chains, hooks, or other equipment which might injure the pipe coating/exterior will not be permitted. All other pipe handling equipment and methods shall be acceptable to the engineer. The contractor shall be fully liable for the cost of replacement or repair of pipe which is damaged. Stockpiled pipe shall be supported in sand or earth berms. The pipe shall not be rolled and shall be secured to prevent accidental rolling. *. a. ?3 5/10/00 Contract No. 3816 Page 82 of 104 Pages The contractor and/or manufacturer shall consult the owner if any anticipated outdoor storage will be required prior to installation so that necessary precautions can be taken. Add the following section: 207-25 Butterfly Valves 207-25-l .l General This subsection applies to both Class 150B and Class 2508 Butterfly Valves. Class 1508 Valves with ANSI Bl6.1 Class 125 flanges, shall be used for main line pipe class 150 PSI. Class 2508 valves with ANSI B16.2 Class 250 flanges, shall be used for main line pipe class greater than 150 PSI. Valves and operators shall be Class 1508 or Class 250B as shown on the plans and as specified herein. The valves shall be designed for one-hundred and fifty pounds per square inch (150 PSI) working differential pressure across the valve disc. Each valve shall be shop-tested to one-hundred and fifty pounds per square inch (150 PSI) water working pressure differential over the seat with disc in the closed position without leakage. The valve body shall be hydrostatically tested with the disc in the slightly open position to three-hundred pounds per square inch (300 PSI). The valve and actuator shall be designed to meet all the applicable provisions of AWWA C504 (latest edition) and to withstand torque and operating conditions as specified herein. 207-25-l .2 Materials Butterfly valves shall be short body, flanged type, conforming to AWWA C504. Valve shafts shall be type 304 or 316 stainless steel. Valve shafts shall be sub shaft or one-piece units extinding completely through the valve disc. Materials of construction shall be as follows: Component: Body Material: Cast Iron or ductile iron Specifications: ASTM A48, Class 40, ASTM A126, Class B; or ASTM A536, Grade 65-45-12. Component: Material: Specifications: Exposed body capscrews and bolts and nuts. Stainless Steel ASTM A276, Type 304 or 316 Component: Material: Specifications: Discs Cast Iron, ductile iron, or Ni-Resist ASTM A48, Class 40, ASTM A536, Grade 65-45-12, ASTM A436, Type I; or ASTM A126, Class 8. Component: Material: Specifications: Disc fasteners, seat retention segments, and seat fastening devices. Stainless Steel ASTM A276, Type 304 or 316 Component: Material: Specifications: Seat Material Buna-N None Pa 5/10/00 Contract No. 3816 Page 83 of 104 Pages The valve seat shall be secured to or retained in the valve body. The valve seat shall be fully adjustable and replaceable while installed in the pipeline. The valve disc shall be bolted to the stainless steel shaft and the bolts shall extend completely through the shaft and disc. The valve seat shall be attached to the valve body. Retaining rings, clamps, screws, and bolts used to attach the rubber seat shall be fabricated from stainless steel, Type 316. For valve sizes twenty-four inches (24”) and larger, valve seats shall be field adjustable around the 360 degree circumference and replaceable without dismantling the operator, disc, or shaft and without removing the valve from the pipeline. The valve manufacturer shall certify that the rubber seat is adjustable and replaceable as specified above. Valves employing the use of snap rings or wedge-type fasteners to retain the rubber seat will not be acceptable. Valve shafts shall be ASTM A-276 Type 18-8 304 stainless steel. Butterfly valves shall be designed for a flow od sixteen (16) feet per second in both directions. On valves larger than 24-inches, the port diameter shall not be more than 1.5-inches smaller than the nominal valve’size. Shaft seals shall be designed to allow replacement without removing the valve shaft. Provide thrust bearings to hold the valve disc in the center of the valve seat. No bearings shall be mounted inside the valve body within the watennray. Do not use thrust bearings in which metal . bearing surface on the disc rubs in contact with an opposing metal surface on the inside of the body. All interior ferrous surfaces of the valve exposed to water shall be sandblasted as specified for white blast cleaning and immediately epoxy-coated with sixteen (16) mils of TNEMEC 140 or an approved equal. The coating shall be spray-applied without any addition of epoxy thinner in accordance with the manufacturer’s printed instructions. After the coating cures, the coated surface shall be checked for porosity with a holiday detector. All holidays and irregularities shall be repaired and tested again. All exterior surfaces of the valve and operator, except finished or bearing surfaces, shall be sandblasted and shall be painted with two (2) coats of Koppers Co. Pug. Primer or an approved equal and then shall be tape wrapped in accordance with AWWA C217-95. All butterfly valves shall be leak tested in both directions of the valve disc and no leakage will be allowed in either direction. The affidavit of compliance provided by the manufacturer shall state that this test was complied with and satisfactory results were obtained. The manufacturer shall submit to the engineer all test reports (including hydrostatic) and an affidavit of compliance that each valve complies with all applicable provisions of these specifications. The valve manufacturer shall have at least five (5) years of recent continuous service in the United States for all valve models proposed. Valves shall be Pratt, DeZurik Figure 670, or equal 207-25-I .3 Manual Actuators Provide enclosed gear actuators on butterfly valves. Gear actuators shall be worm gear type. The valve operator shall be fully grease-packed and have field adjustable mechanical stops in the open and closed positions which will withstand an input torque of three-hundred foot-pounds (300 ft. - Ibs) in either direction. The valve shall be equipped with a worm gear operator, lubricated and @% GC 5/10/00 Contract No. 3816 Page 84 of 104 Pages sealed to prevent entry of dirt or water into the housing. The operator shall have a built-in packing leak by-pass to eliminate possible leakage into the operator housing. The operator shall be designed to hold the valve disc in any intermediate position between fully opened and fully closed without creeping or fluttering. The operator shall be sized to provide adequate torque to operate the valve on which it is mounted at the full pressure rating of the valve with a maximum input of one- hundred and fifty foot pounds (150 ft.- Ibs.) set forth in AWWA C504. All buried valves shall be supplied with an AWWA nut on the operator. The valve operator shall be mounted on the valve at the valve manufacturer’s facility. The valve manufacturer shall ensure proper operator sizing and shall fully test the operator and valve assembly for satisfactory operation prior to shipping to the project site. The shop drawings to be submitted by the contractor shall include certified drawings and material specifications. The drawings shall be sufficiently detailed to show that the equipment proposed meets these specifications. In addition, the submittal shall include torque data and minimum number of turns to close. Worm gear actuators shall be Limitorque Model HBC, EIM Type WO, or equal. 207-25-l .4 Valve Boxes Valve boxes for manually operated valves shall be provided and installed as shown on the plans. Each valve box shall be equipped with a valve position indicator and adapter plate designed to fit securely in the valve box. The indicator shall show valve position and direction and number of turns required to fully open or close the valve. The valve well frame, assembly and wver shall be constructed as shown on the CMWD Standard Drawing W13. 207-25.1.5 Valve Stem Extensions Extension stems shall be hot-dipped galvanized round steel bar or pipe and shall be complete with a 2-inch AWWA square operating nut and adapter socket. Extension stems fitted with position indicators shall have a I-l/4-inch square adapter for operating the indicator. The extension stems shall be designed to withstand 300 foot-pounds of input torque. Valve stem extension brackets shall be hot-dipped galvanized steel. 207-25-l .6 Payment The unit price bid for butterfly valves shall include full compensation for furnishings and installing the valve in accordance with manufacturer’s recommendations (including any field service required by the manufacturer). Valve well, valve key extension, gaskets, nuts, bolts, lining, coating, testing, excavation, backfill, disposal of hardware, equipment, labor and incidentals required to manufacture, test, and install the butterfly valve as specified, complete, in place, and no additional compensation will be allowed. v3 !YlO/OO Contract No. 3816 Page 85 of 104 Pages Add the following section: 207-26 UNDERGROUND UTILIN MARKING TAPE Add the following section: 207-26.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.605”) overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-25 (B). TABLE 207-26.1 (A) DETECTABLE UNDERGROUND UTILIN MARKING TAPE PROPERTIES ProDertv 1 Method I Value Thickness 1 ASTM 02103 1 0114 mm fO.O056”1 Tensile strength ASTM D882 Elongation ASTM D882-88 Printabilitv ASTM D2578 4500g/cm’(25 Ibs/inch) (5,500 PSI) ~50 percent at break >50 dvnes/sauare centimeter Flexibilitv- 1 ASTM D671-81 I Pliabl;? hand ’ Inks . Message repeat Foil Top layer Bottom layer Adhesives Bond strength Colors Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Boiling Hz0 at 100 degrees Celsius APWA Code Heat-set Mylex Every 500 mm(20”) Dead soft/annealed Virgin PET Virgin LDPE >30 percent, solid 1.5#/R Five hours without peel See Table 207-25.1 (B) TABLE 207-26.1 (B) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS I Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and fire communications, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. Add the following section: 207-26.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321 (e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. V?# 5/l o/o0 Contract No. 3816 Page 86 of 104 Pages C. American Petroleum Institute (API). Recommended practice for marking buried liquid . petroleum pipelines - APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. Add the following section: @s tc 5/10/00 Contract No. 3816 Page 87 of 104 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS. Part 3 shall conform to Part 3 of the standard specifications for public works construction, 2000 edition, and the City of Carlsbad rules and regulations for construction of public potable water mains, October 1993, except for the following changes and/or additions: SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-l SUBGRADE PREPARATION 301-l .2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading ‘150mm (6 inches)” to ‘300 mm (12”)“. 3014.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-l 557-91. 3014.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price as an incidental to the work that the pipeline installation which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or rewmpact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. No separate payment for preparation of the Subgrade. Add the following section: SECTION 302 - ROADWAY SURFACING 302-l 1 ASPHALT PAVEMENT REPAIRS Add the following section. 30211.1 General. Asphalt pavement Repairs and Redemption shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-I .3, compaction of existing subgrade in conformance with section 301-1, grading and compaction of base material in conformance with section 301-2, application of grade SS-1 h emulsified asphalt and the placement of asphalt concrete base and wearing wurses as specified herein q % 5/10/00 Contract No. 3816 Page 88 of 104 Pages Add the following section. Measurement and Payment. Payment for Asphalt Pavement repairs shall be included in the contract price as an incidental to the work of the pipeline installation and shall include all labor, materials; including operations and equipment to repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement, and no further compensation will be allowed. No separate payment for Asphalt Pavement Repairs. SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-l OPEN TRENCH OPERATIONS Add the following section: 306-1 .1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the uselof steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 3. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: P$ = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 1001 X LANES 1000 8 PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (I?IDh) + SLOPE X 1001 X LANES 1000 5 where: PS ADT EWL DAYS site WEEKEND utilized NIGHTS WEATHER = plate score. = average daily traffic as defined in the CALTRANS Trafftc Manual. = equivalent wheel loads as defined in the CALTRANS Traffic Manual. = total number of 24 hour periods during which the plates will be utilized at the being considered. = total number of Saturdays, Sundays and holidays that the plates will be at the site being considered. = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. q b 5/10/00 Contract No. 3816 Page 89 of 104 Pages SPEED = number SLOPE = spanning a proposed steel LANES = the design speed in kilometers per hour or miles par hour, as applicable in the formulae above, of the street where the plates are to be installed. This shall not be reduced for construction zone speed reductions. the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations distance of 15 m (50’) up and downstream of the position of the plate bridging. the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the’ Engineer’s approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with. all provisions of section Z-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-l 5 Add the following section: 306-l .1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified herein before. b) Steel plates used for bridging must extend a minimum of 610 mm (2’) beyond the edges of the trench. c) Steel plate bridging shall be installed to operate with minimum noise. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1”) and shall be filled with elastomeric sealant material which may, at the contractor’s option, be mixed with no more that SO%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(B) and 203-5.3(A) . ?a 5/10/00 Contract No. 3816 Page 90 of 104 Pages =k 3d. Blocking . 2 [For speeds 70 KmIhr (45 MPH) or less]: Approach plate(s) and ending plate (if 1111. inal placement) shall be attached to the roadway and shall be secured against displacement 1 two adjustable cleats that are no less than 50 mm (2”) shorter than the width of the trench 3 the underside of each plate and located within 150 mm (6”) of the beginning and end of the Dr plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm r (12” x w) steel bolts placed through the plate and driven into holes drilled 300 mm (12”) pavement section, or other devices approved by the Engineer. Subsequent plates shall be I each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum 5% with a minimum 300 mm (12”) taper to wver all edges of the steel plates. When steel re removed, the dowel holes in the pavement section shall be completely filled with Eric sealant material. At the Contractor’s option, the methods required for Method 1 may be the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall ! the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street during and after their use. . following section: 7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 7.4(A) 306-I .1.7.4(A) :ED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH rm Trench Width (‘) 1 Minimum Plate Thickness 10") 1 13 mm (‘/*“) C( brm to the C 16 and AWS -I. I within the past IS Id verify that :umstance. All in ector shall !iv .he special 23”) 31”) 19 mm (3/4”) 22 mm (71.w) ’ b’ v\( , C206. 41”) 25 mm (1”) 63”) 32 mm (1 X”) ns greater than 1.6 m (5’), a structural design shall be prepared by a registered civil engineer and submitted to la, r of deposited is y a power- er for review and approval in accordance with section i-5.X - - te bridging shall be steel plate designed to support the HS20-44 truck loading per NS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface ?el plate with no less than a coefficient of friction of 0.35 as determined by California Test p42. If a different test method is used, the Contractor may utilize standard test plates with lefficients of friction available from the CALTRANS District 11 Materials Engineer to skid resistance results to California Test Method 342. In addition to all other required ion signing, the Contractor shall install Rough Road (W33) sign with black lettering on an ackground in advance of steel plate bridging. I t applied by all not exceed s L SO10 run down. 35 *ound the entire ran l/8-inch of JR d fillet welds . lring welding, a Dllowing section: ‘25 Measurement and Payment. Steel plate bridge materials including, but not limited to: 3s. anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and signage, placing, installation, removal, relocation, preparation and processing of shop and submittals to support the use of steel plate bridging and all other materials, labor, In, overhead of any type or description will be paid for as an incidental to the work that the ; installed to facilitate. No separate payment for steel plate bridging will be made. No to contract time will be allowed for, or because of, the use of steel plate bridging. i.C -- table: q b 5/10/00 -A ible). Contract No. 3816 Page 91 of 104 Pages 3064.2 INSTALLATION OF PIPE Modify 306-l .2.1 Bedding 306-1.2.1 Bedding: Delete the third, five, and seventh paragraphs of subsection 306-l .2.1 (A) of the stand& specifications for public works wnstruction and add the following paragraphs: The bedding shall be 1Zinch of sand bedding beneath the bottom of the pipe and extend to 1 foot above the top of pipe. The bedding material shall be imported sand and shall be free from clay balls, organic matter, and other deleterious substances and shall have a coefficient of permeability greater than 0.14 measured in accordance with ASTM 02434 or a sand equivalent greater than 30 per ASTM 02419. Resistively for imported sand shall be not less than 2,000 ohm-cm when measured in accordance with California Teat Method 643. Imported sand shall not exceed a maximum chloride concentration of 200 mg/l when measured in accordance with California Test Method 422 and a maximum sulfate concentration of 500 mgll when measured in accordance with California Test Method 417. The contractor shall furnish tests reports to the engineer of the imported sand bedding material to be supplied. Pipe bedding shall be compacted to a relative compaction of not less than ninety percent (90%). . . . Add the following section: 306-l .2.2 Pipe Laying: The tolerance in line and grade’at each joint shall be 0.1 feet from the location and elevation called out in the plan. Each section of pipe shall be carefully lowered into the trench using slings in such a way that the coating and lining are not damaged by flexure or abrasion. The spigot shall be entered into the bell or collar and forced home. The joint shall be made carefully to avoid undue stressing of, or impact damage to, the pipe, and stabbing as a method of installation will not be permitted. Cut a 12-inch minimum depth depression to accommodate exterior welding, flange assembly, cement motor, and any testing at pipe joints. Pipe shall not be set on blocks of any kind (including wood) in the trench bottom. If blocking becomes necessary;bags filled with sand may be placed under the pipe. These bags shall be broken after the haunches are packed. The pipe shall not be dragged along the bottom of the trench, but shall be securely supported by the slings until the joint is assembled. Each spigot shaH be inserted into the bell or collar the distance shown on the approved fabrication drawings so as to be properly seated and to avoid cumulative gain or loss of laying length. Suitable excavations shall be provided in the bedding material for removal of the slings, without damaging the coating, after assembly of the joint. These sling removal holes shall be filled, the pipe ?a 5/10/00 Contract No. 3816 Page 92 of 104 Pages length securely blocked on its proper alignment, and the pipe barrel1 partially backfilled. Blocking shall be removed as soon as the pipe length is firmly held by its partial backfill. All joints shall be cleaned with a wire brush before mortaring. Filed mortar shall conform to the applicable provisions of AWWA C205. Add the following section: 306-l .2.2.2 Field Welding: Field welding shall be performed by certified welders in accordance with AWWA C206 and AWS Dl .l . Any welder performing work shall have been qualified for the process involved within the past three years. A. Qualification of welders, equipment and procedures: Priorto the start of welding, the special inspector shall check welder qualifications and verify that procedure specifications to be used have been approved. B. Field Welded Joints: Prior to welding, remove all tack welds and equalize joint clearance around entire circumstance. All joint fit-up shall be done in the presence of the special inspector and the special inspector shall approve fit-up before starting the root pass. Complete the interior weld and receive the special inspector’s approval prior to welding the outside weld on any single joint. Preheat the joints to be welded where required in accordance with Table 1 of AWWA C206. Where weld metal is to be deposited, clean joints by wire brushing. Clean each layer of deposited weld metal prior to depositing the next layer of weld metal, including the final pass, by a power- driven wire brush. Welding shall be done by Shielded Metal Arc Weld (SMAW) method. SMAW will be applied by means of continuous stringer beads. The total width of each individual weld bead shall not exceed 2-l/2 times the electrode diameter. The electrode used on the root pass shall be E-6010 run down. The remaining passes shall be E-7018 run down. Complete and clean each pass around the entire circumference of the pipe before commencing the next pass. Do not deposit more than l/8-inch of throat thickness per pass. Electrode diameter shall not exceed 5/32-inch. Completed fillet welds shall be convex. Only one welder will be allowed per weld at any one given time. During welding, a welding foreman shall be on site at all times. C. Inspection of field welds: The special inspector shall visually examine 100% of all welds performed in the field. Acceptance standards for visual examination. The following indications are unacceptable: 1. Cracks - external surface; 2. Undercut on surface which is greater that l/32-inch (1.0 MM) deep; 3. Lack of fusion on surface; 4. Incomplete penetration (applies only when opposite surface is readily accessible). ?a 5/10/00 Contract No. 3816 Page 93 of 104 Pages Any weld not conforming to the above acceptance standards shall be ground smooth and blended in to the satisfaction of the special inspector. . D. Nondestructive testing of field welds: Test all double-welded joints by the soap and compressed air test after steel is wol to the touch and before completing joint coating or lining. Perform all soap and air tests in the presence of the Engineer. Maintain records of test performed and results of testing for each location. Use wmpressed air at maximum 40 psi pressure into the joints, and while the joint is under pressure, swab every portion of every welded seam forming a part of the joint with a heavy soap solution or a commercial bubble-producing leak test fluid. Examine for leakage. Repair any defects disclosed by the test by chipping out, rewelding the chipped section, and retesting. Drill and tap the necessary test holes, and plug weld the holes after testing. Nondestructive testing shall be performed on one-hundred percent (100%) of all joints. The special inspector shall ensure that the work of each welder is tested in acwrdance with this section. Add the following section: 306.1.2.2.3 Deflection: . After completion of backfill, densification, and removal of interior bracing (stulls) and prior to any permanent trench resurfacing, the maximum acceptable deflection of the pipe shall be one percent from the nominal diameter. Any pipe found to have deflected in excess of the allowable deflection limits shall be remedied at the contractor’s expense and as approved by the engineer before approval for payment. 3064.3 Backfill and Densification: Under roadways, native material above the pipe zone shall be acceptable as backfill as long as the compaction requirements are met and shall be compacted to a relative compaction of not less than ninety-five percent (95%) in the top twelve inches of subgrade. The area from one foot above the pipe to the top of subgrade less twelve inches (middle zone) shall be compacted to a minimum 90% relative density. Backfill material shall conform with this section with a maximum size of material to be six (6) inch minus. Should evidence of pipe settlement be observed during any stage of backfilling by mechanical means, such operation shall be immediately discontinued and the remainder of backfilling in the affected portions of the trench shall be backfilled by water settling. Add the following section: 306-l .3.9 Excess Material: Excavated material not required or suitable for fill, backfill, landscape or grading operations as determined by the engineer shall be disposed of by the contractor offsite at a legal disposal site, as specified herein. Payment for removal and disposal of all excess excavation material and of stockpiling is to be included in the unit price bid for the various elements of work and no separate payment will be made therefor. prg 5/l o/00 Contract No. 3816 Page 94 of 104 Pages Add the following section: 306-I .4 Testing Pipelines: It is the responsibility of the contractor to remove the flushing water or the chlorinated water from the project area. The contractor is responsible for any damages as a result of flushing operations. When the pressure test, leakage test, chlorination or bacteriological test fail to meet the requirements of the specifications, the contractor shall make all necessary repairs, replacement, or repetition of procedures to conform to the specified requirements at no additional cost to the owner. Full compensation for the pipeline testing, and any required re-testing, shall be included in the price bid per linear foot of pipeline and no separate payment will be made therefor. Add the following section: 306-1.4.5.1 Test for Steel Diameter Pipe: 306-1.4.7 The water pressure test and disinfection testing shall be conducted in accordance with the CMWD Rules and Regulations, Part IV, Testing and disinfection and the following provisions. The pipeline shall be hydrostatically tested by the contractor in the presence of the agency and/or the engineer after all pipe and appurtenances have been installed, all anchors, thrust blocks and encasement have been placed and have attained sufficient strength, and the required select and/or other specified backfill has been partially completed. The new pipeline shall be hydrostatically tested, disinfected, and flushed prior to connection to the existing pipeline as shown on the plans. The test pressure shall be applied by means of a pump connected to the pipeline in a manner approved by the engineer. A test pressure of 815’ HGL shall be used. At Station 30+10, test pressure shall be equivalent to 205 PSI. At Station 10+05, test pressure shall be equivalent to 124 PSI. Means shall be provided for accurately measuring the quantity of water pumped into the pipe during, or immediately after, the test periods, in order to maintain or restore the initial test pressure. Allowable leakage shall be zero. The test pump and gauge shall be connected to the pipeline at a location other than the highest point in the line, in order to allow release of air from the high point. All air shall be vented for mall high spots in the pipeline before performing any pressure test. If hydrants or other outlets are not available, taps shall be made at the high points to expel the air by the contractor at his own expense. These taps shall be capped after testing. The pump, pipe connection, measuring devices, gages and all other equipment, labor and materials required for performing the pressure and leakage tests shall be furnished by the contractor. The engineer may, however, use the city’s measuring device in place of contractor’s equipment. In case of a difference in the measured leakage rate between the measuring devices, the city’s measured leakage shall govern. The contractor shall have all flanged joints at valves, outlets, access manholes, or special fittings exposed for visual inspection during the pressure test. After the pipeline has successfully met the k @S c 5110100 Contract No. 3816 Page 95 of 104 Pages pressure and leakage test requirements, the pipeline and appurtenances shall remain filled and so maintained until draining is required for disinfection or until the pipeline is accepted for use by the agency. All blow-off valve assemblies, combination air-vacuum valve assemblies, outlets, valves, and appurtenant facilities shall be tested with the main line pipe. The contractor shall be solely responsible for locating leaks and damage to other improvements resulting from leaks discovered during the pressure test or subsequent pipe failures. All noticeable leaks shall be repaired by the contractor at no additional cost to the agency regardless of the results of the test and all defective pipe, fittings, valves, and other appurtment facilities discovered in consequence of the test shall be removed and replaced. Repair clamps of any kind or type shall not be allowed. Additional test shall be performed at the contractor’s expense until a satisfactory test has been completed. The connections to existing pipelines will be tested at line pressure after refilling the existing pipelines. The contractor shall repair all leaks in the connections that occur as a result of his operations. Source of water: The contractor is responsible for obtaining all permits nessesary to obtain water . from the Vallecitos Water District. Cost of water: The contractor shall pay for all water required for filling and flushing, regardless of the number of times the pipeline may be tested before the testing is accepted by the City of Carlsbad. Test period: The time duration of the pressure test shall be 8 hours. The test pressure shall be maintained for the duration of the test. Whenever test pressure falls five pounds per square inch (5 PSI) or more, it shall be restored and the testing shall be restarted. For convenience, the contractor may conduct a preliminary test at any time prior to the pressure test required for acceptance of the pipeline by the agency. The results of the preliminary test will not be considered by the agency. After completion of test, the contractor shall remove the test bulkheads and other temporary testing facilities, and shall repair any pipe lining or other improvements which are damaged. Payment: The cost of all testing shall be included in the price per linear foot bid for water main and no separate payment will be made therfor. 306-l .5 Trench Resurfacing. 306-l 51 Temporary Resurfacing: Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the @% b 5/10/00 Contract No. 3816 Page 96 of 104 Pages associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1.5.2 Permanent Resurfacing: Add the following section: Except as provided in section 306- 1.5.1, “Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 3068 STEEL PIPE 306-9.1 Steel Pipe - Payment: Payment for construction of Steel pipe water pipe will be made at the unit price per linear foot named in the Bid Schedule, which price shall constitute full compensation for furnishing and placing such pipe including excavation, backfill, bedding, compaction, compaction testing, pipe, including all bends, tees, adapters, saddles, flanges pipe identification, fittings, thrust blocks, disposal of excess excavated material removal of nuisance water from excavation, testing, flushing and disinfection and any. appurtenant work as shown in the Plans or called for in the Specifications, complete for the unit price. Pavement removal and replacement is to be included in this work. Replacement of traffic striping, pavement markers, curb markers and traffic loops is to be included in this work. 30640APPURTENANCES FOR PRESSURE PIPE 306-10.1 General. This section pertains to the installation of all appurtenances for a complete and operable underground pressurized domestic water system. 306-10.2 Valves. Installation of all valves for potable water mains shall conform in all respects to Part III, Public Water System Supplemental Standard Specifications, Installation of the Carlsbad Municipal Water District Rules and Regulations for Construction of Potable Water Mains, latest edition and the District Standard and Drawings. 30-inch Butterfly Valves shall be rated for 150 psi working pressure or 250 psi working pressure as indicated on drawings. 306-I 0.2.1 Buttemy Valves. Measurement for payment for construction of 30-inch Butterfly Valves per Section 207-25.1.6 Payment. Payment for furnishing and installing valves on 30-inch water main will be made at the unit price, each, named in the Bid Schedule, which price shall constitute full compensation for each complete and operable valve installation. 30640.3 Appurtenances. The installation of all fire hydrants, air release and vacuum relief valves, manual air release valves, blow-offs and other appurtenances for Carlsbad Municipal Water District potable water mains shall conform in all respects to the Carlsbad Municipal Water District Rules and Regulations for Construction of Public Potable Water Mains, latest edition, and the District Standard Drawings. The installation of all air release and vacuum relief valves, manual air release valves, blow-offs and other appurtenances for Carlsbad Municipal Water District recycled water mains shall conform in all respects to Part II, Public Water System Supplemental Standard Specifications, Materials, Section C of the Carlsbad Municipal Water District Reclamation .Rules and Regulations for Construction of Reclaimed Water Mains, latest edition and the District Standard Drawings. Contract No. 3816 Page 97 of 104 Pages 306-10.3.2 Air Release and Vacuum Relief Valve Assembly. Measurement for payment for construction of air release and vacuum relief assembly on water main of the sizes shown on the . Plans, will be based upon the actual quantity, each, of such assembly furnished and installed, all in accordance with the requirements of the Contract Documents. Payment for furnishing and installing air release and vacuum relief assembly on water main will be made at the unit price, each, named in the Bid Schedule, which price shall constitute full compensation for each complete and operable air release and vacuum relief assembly installation. 306-I 0.3.3 Blow-off Assembly. Measurement for payment for construction of blow-off assembly on water main of the sizes shown on the Plans, will be based upon the actual quantity, each, of such assembly furnished and installed, all in accordance with the requirements of the Contract Documents. Payment for furnishing and installing blow-off assembly on water main will be made at the unit price, each, named in the-Bid Schedule, which price shall constitute full compensation for each complete and operable blow-off assembly installation. 306-10.3.4 Cathodic Test Stations. Measurement for payment for construction of Cathodic Test Stations on water main of the sizes shown on the Plans, will be based upon the actual quantity, each, of such assembly furnished and installed, all in accordance with the requirements of the Contract Documents. Payment for furnishing and installing cathodic test stations on water main will be made at the unit price, each, named in the Bid Schedule, which price shall constitute full compensation for each complete and operable cathodic test station installation. 306-I 0.3.5 Exploratory Excavations Exploratory excavations shall be made to confirm the location and conditions of the connection points of the 30”CML&C 30-inch Steel pipe and at all utility crossing points along the proposed 304nch transmission main. The excavations shall conform to the provisions of 306-1, Open Trench Operations. Payment for Exploratory shall be made at the lump sum price bid for Perform Exploratory Excavation at Utility Crossing. Payment shall include all costs for said work including but not limited to, flagging and traffic control, shoring and safety measures, saw-cutting pavement, backfilling, and patching pavement, as required. Add the following section: 306-I 1 Plastic Tape Coating with Mortar Overcoat for Potable Water Mains. 306-11.1 Plastic Tape Coating with Mortar Overcoat for Potable Water Mains. The pipe manufacturer shall retain the services of a representative of the tape manufacturer to ensure proper installation of all tape materials in the pipe manufacturer’s shop. The Contractor shall retain the services of a representative of the tape manufacturer to ensure that the application of tape to field joints and the coating repairs made in the field are done properly and in accordance with the manufacturer’s recommendations. The tape manufacturer shall submit certification that the Contractor has been properly trained to apply tape coatings in the field and that the procedures used by the Contractor in the field meet the v3 5/10/00 Contract No. 3816 Page 98 of 104 Pages tape manufacture’s requirements. This certification shall be received by the Engineer within two weeks of the beginning of pipe laying operations. 306-l 1.2.1 Straight Run Pipe Application. (4 Cold-applied plastic tape applied in the plant on straight run pipe shall be a four-layer system consisting of: (1) primer; (2) corrosion prevention tape (inner layer); (3) mechanical protective tape (first outer layer); and (4) mechanical protective tape (second outer layer). U-4 The coating operation on each pipe section shall be performed with the pipe supported at the ends continuously throughout the application of the primer, plastic tape and mortar overcoat. intermediate handling of the pipe involving rollers or blocks to support the pipe shall not be permitted. (c) Remove the exterior weld bead along the entire exterior surface of the pipe. The exterior weld bead shall be flush with the exterior surface of the pipe with a tolerance of plus l/64 inch. Removal of the weld bead is to be conducted in such a manner that no gouging or nicking of the plate surface will occur. This operation is to result in a smooth exterior surface with no ridges or valleys which may result in bridging or disbonding of the tape from the surface of the pipe: (d) 1) 2) @I 1) 2) 3) 4) Surface preparation shall conform to AWWA C 214 and the following: Bare pipe shall be clean of ail foreign matter such as mud, mill scale, dirt, organic matter, weld slag and splatter, wax, coal tar, asphalt, oil, grease, or any contaminants. Wash pipe with hot water and allow the surface to dry. Prior to blast cleaning, inspect surfaces and, if required, preclean in accordance with the requirements of SSPC SP-1, Solvent Cleaning, to remove oil, grease, and ail foreign deposits. Blast cleaning shall conform to AWWA C 214 and the following: Prior to primer and coating application, blast pipe surface using a commercially available shot grit mixture to achieve a prepared surface equal to that which is specified in SSPC SP-6, Commercial Blast Cleaning. - For plant mortar-lined pipe, perform blast cleaning of pipe exterior surfaces after the initial curing of the spun mortar lining. Perform the exterior blast cleaning in such a manner as not to damage the mortar lining in the pipe. Completely remove corrosion and foreign substances from the exterior of the pipe in the blast cleaning operation, and apply primer immediately after completion of blast cleaning. The shot grit mixture shall not exceed 40 to 60 percent grit. The shot grit mixture is to be determined prior to start of blast cleaning operations and this mixture ratio is not to be modified throughout the duration of the blast cleaning operations without the written approval of the Engineer. Achieve from abrasive blasting an anchor pattern profile a minimum of 1.0 mii, but not exceeding 2.0 miis. Use NACE No. 3 Surface Profile Standard per NACE TM-01-75 as a visual comparison to define the acceptable anchor pattern profile during blast cleaning operations. q b 5/10/00 Contract No. 3816 Page 99 of 104 Pages 5) inspect the blast cleaned exterior of each pipe section for adequate surface preparation prior to application of the primer. Surface wmparitor tapes are to be used by the pipe manufacturer in three (3) random areas along any given 40-foot length of pipe. The results of the surface wmparitor tapes are to be included in the quality control records. 6) Coat each pipe section with primer and tape within the same day of being blast cleaned. Do not allow blasted and/or blasted and primed pipe to sit overnight. All blasted and primed pipe must be coated by the end of the day. No coating will be permitted on pipe sections showing evidence of rust. (9 Primer application shall conform to AWA C 214 and the following: 1) Apply the primer in a uniform thin film at the coverage rate and thickness recommended by the manufacturer. Apply the inner layer of tape only after the primer is dried as specified by the tape manufacturer. 2) Apply primer only to those sections of pipe that can be taped within the same workday. Pipe coated with primer which was not taped within the same workday may be rejected at the discretion of the Engineer. The primer shall be removed from rejected pipe sections and the surface shall be re-primed. 3) Protect primer-coated pipe sections from moisture, dirt, sand, and other potentially contaminating materials. Suspend primer application operations or provide full protection for the pipe during high wind periods. Pipe sections not adequately protected shall be rejected by the Engineer. if rejection occurs due to contamination of the primer, completely remove the primer from the exterior of the pipe section and re-application of the primer will be required. 4) Store, mix and apply primer in strict compliance with the manufacturer’s recommendations. (9) inner layer tape application. 1) Apply the inner layer of tape directly onto the primed surface using mechanical dispensing equipment recommended and approved by the tape manufacturer. Rollers shall be used to apply pressure on the tape as it wmes in contact with the pipe. Tape shall be applied with uniform tension such that the surface is tight, smooth and wrinkle-free. The tape overlapped shall be a nominal l-inch with a 3/4-inch minimum overlap. 2) The application of tension shall be such that the width of tape will be reduced between l-1/2 to 2 percent of tape width prior to the pull. Provide instrumentation to measure and record tape tension throughout the tape application operation. Documentation of tape tension data shall be suitable to the Engineer. 3) Apply inner layer tape at a minimum roil temperature of 70°F. Continuously monitor and record the temperature of the tape within 12 inches of the point of contact with the pipe surface. Document the temperature of the tape during application suitable to the Engineer. Pipe sections where the tape application tension and temperature is not maintained within manufacturer’s recommendations shall be rejected and the tape removed from the entire pipe section and re-applied. 4) Provide continuous electronic holiday testing of the inner tape layer at 6000 volts. The holiday test equipment shall be permanently mounted to the tape application station such rfs !YlO/OO Contract No. 3816 Page 100 of 104 Pages 5) (h) 1) 2) 0) 1) 2) 3) (i) 1) 2) that the tape is tested immediately aftei the tape is applied. The test equipment shall be equipped with an indicator light and audio buzzer suitable to the Engineer to alert the,, workmen of the presence of holidays in the coating system. Holidays shall be marked as found and repaired after the inner tape layer is completely applied to the pipe section but before the mechanical protection tape layers are applied. Splice each new roil with an overlap of’at least 6 inches over the end of the previous roil. Provide cutbacks 10 inches from and parallel to the end of the pipe. Perform cutbacks using a cutting device that is guided from the end of the pipe to ensure a uniform, straight cutback. Mechanical outer layer tape application. The first mechanical outer layer of tape shall be applied using the same mechanical equipment used in the application of the ‘inner layer tape. Longitudinal tape spiices.shaii be a least 6 inches away from a longitudinal tape splice on the inner tape layer. Apply two mechanical outer layers of tape. The inner layer tape shall be electrically tested, inspected, and approved prior to the application of the first mechanical outer layer. Visually inspect the first mechanical outer layer prior to the application of the second mechanical outer tape layer. Both mechanical outer tape layers shall be smooth, tight, and wrinkle-free. Apply the outer layer mechanical protection tapes in a similar manner to the inner protective tape except that the minimum tape roil application temperature shall be 90°F. Monitor’ tension and temperature during the application of the mechanical outer layer tapes. The use of rollers to apply pressure on the outer tape layers is not required during application. Holiday testing of the mechanical outer layer tapes in not required. Storage primer application shall conform to AWA C 214 as modified herein: Clean the pipe surface free from foreign matter such as sand, grease, oil, grit, rust particles, and dirt prior to storage primer application. Store, mix and apply storage primer in strict accordance with the primer manufacturer’s recommendations. Apply storage primer to the exposed steel pipe at tape cutbacks to prevent oxidation of the cleaned metal surface. Spray apply a minimum of 1.5 miis and maximum of 2.5 miis of storage primer to exposed steel per the manufacturer’s recommendations. Do not place storage primer on the edge of the steel plate. Mortar Overcoat. Apply cement-mortar overwating in accordance with AWA C 205 immediately after the application and testing of the tape coating layers. Allow 3-l/2-inch cutback beyond the edge of the tape coating Allow the mortar to cure properly before the pipe section is removed from the coating fixture and placed on rollers or timbers. ?a 5/10/00 Contract No. 3816 Page 101 of 104 Pages 306-l 1.2.2 Fittings Coated at the Plant. (a) Coat fittings which cannot be machine coated in accordance with AWWA C 209 using materials as specified herein. Weld bead preparation, surface preparation, blast cleaning, primer and tape application shall be as specified for straight run pipe. Apply an inner layer tape of Poiyken No. 932-50 or approved equal, with a l-inch nominal, 3/4-inch minimum, tape overlap on ail plant coated fittings. Apply an outer layer of cold-applied plastic tape as specified herein with a 55 percent overlap on ail plant coated fittings. Provide a minimum thickness of 110 miis for the total tape coat system for plant coated fittings. (b) Test ail completed tape coated fittings in the presence of the Engineer with an electrical holiday detector prior to application of cement-mortar coating. Applied voltage shall be in the range of 11,000 to 15,000 volts. Repair any holidays found. 6) Follow the procedure described herein for field tape coating repairs on fittings and for coating field joints. (d) Apply cement-mortar coating in accordance with AWWA C 205 immediately after completion of tape coating, holiday testing indicating no holidays and inspections. 306-11.2.3 Coating of Field Joints. (a) Field cold-applied plastic tape coating shall be in accordance with AWWA C 209, as modified herein. 08 Protect the plastic tape coating from heat and weld splatter damage at welded joints by wrapping an l&inch-wide strip of heat resistance material completely around the coated pipe sections covering the exposed tape on each side of the joint prior to welding. Do not use the coated portion of the pipe for grounding. (0) For exterior welded lap joints, remove the storage primer and wire brush areas to be welded immediately prior to welding. W No field tape coating will be permitted until the welding has been completed and the pipe section has cooled sufftciently so as to not damage the integrity of the tape coating system. (e) Do not permit trapped air under the tape in the joint. (9 After joint welding, remove flash rusting by mechanical means, such as a wire brush. Wire brush the weld, storage primed steel and ail exposed steel. Remove ail burrs and weld slag to achieve a smooth surface. (9) Clean the pipe surface free of dirt, mud, mill scale, wax, tar, grease, or any foreign matter. Remove visible oil or grease using an approved solvent that will not leave any residue on the pipe surfaces. The pipe surface shall be free of any moisture and ail foreign matter prior to the application of primer. O-0 Pack irregular surfaces in the joint with elastomeric joint filler. 0) Apply primer immediately after surface is cleaned by brush or roller (4 mil wet, 1 mii dry). Overlap primer onto plant applied tape coating. ?a 5/10/00 Contract No. 3816 Page 102 of 104 Pages (i) After primer has dried, apply tape to the joint and extend a minimum of 3 inches onto the plant applied tape coating. End splices shall be a minimum of 6 inches and shall be staggered. Maintain 55 percent overlap on ail field joint tape to produce a minimum thickness of 100 miis. (k) Apply tape with sufficient tension to conform with the surface irregularities. The finished tape wrap shall be smooth and wrinkle-free. 0) Test the final applied joint tape coating in the presence of the Engineer with an electrical holiday detector. Repair ail holidays and physical damage to the final applied tape coating prior to application of the mortar coating. (m) Apply mortar joint coating and reinforcement over tape coating using fabric diapers to retain the mortar. Apply the mortar coating immediately upon completion of tape wrapping, testing and inspections. Mortar at field joints shall overlap the shop-applied mortar overcoat a distance of not less than 5 inches. The thickness of the mortar shall be l-inch minimum. 306-I 1.2.4 Inspection of Tape Coating. (a) inspection: The Engineer shall have access to witness the application of coatings on ail pipe sections at his or her discretion. 1) Provide the Engineer with reasonable facilities and space at the pipe fabrication mill for the inspection and testing of the pipe coating. Assist the Engineer in obtaining any information required to determine the characteristics of the material to be used. Furnish to the Engineer at least two electrical pipe coating flaw detectors at the plant and one electrical pipe coating flaw detector per pipe installation heading in the field to aid in the inspection of the tape coating. 2) Provide free access to the Engineer to plants of the manufacturer furnishing the materials and to mill or the worksite. (b) Holiday detection for tape coating. 1) Prior to the application of the mechanical outer layer tapes, electrically test the inner layer tape for any flaws in the coating with a suitable holiday detector as approved by the Engineer. The detector shall impress a voltage conforming to NACE Standard RP-02. The voltage to be used to electrically test the tape shall be fully documented. 2) Clearly mark all holidays electrically or othenvise detected and immediately repair. Do not start wrapping the first mechanical outer layer tape until ail detected holidays have been repaired. Perform repairs per tape manufacturer’s recommendations. After the repair, retest the affected areas with the holiday detector prior to the application of the outer layer wrap. This process will be done until the coating has successfully passed the test. 306-I 1.2.5 Protecting Coated Pipe. (a) The mortar overcoat provides mechanical protection for the underlying tape coating; however, normal precautions are required to protect the mortar from damage and additional care must be taken to protect the exposed tape at the ends of each pipe section. At the fabrication plant, handle the coated pipe sections only after application of the cement-mortar coating using minimum 12-inch-wide belt slings with spreader bars or padded forklifts. q b 5/10/00 Contract No. 3816 Page 103 of 104 Pages W Apply a storage wrap to the exposed tape ends- to protect against ultraviolet exposure. . Remove the storage wrap prior to completing the field joint. Tape exposed to ultraviolet light for more than 90 days without protection is subject to being rejected by the Engineer. SECTION 310 - PAINTING Add the following section: 31045.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Delete Section 310- 5.6 and substitute as follows Traffic signing, striping and pavement marking shall conform to the Plans; the State of California Traffic Sign specifications; the State of California department of Transportation Standard Specifications, January 1995, Section 56,82, 84 and 85; only insofar as they relate to construction materials and methods and the State of California Department of Transportation Traffic Special Provisions shall remain in full force and shall not be superseded by the CALTRANS Standard Specifications. Contractor shall m-stripe all surface striping removed or damaged per Chapter 6 of the CALTRANS Traffic Manual unless otherwise noted. Payment shall be in accordance with Section 306-9.1, Steel Pipe-Payment. SECTION 313 --TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING Add the following section: 313-2.1 General. The Contractor shall provide and install ail temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. if temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain ail temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 3134 MEASUREMENT AND PAYMENT Payment shall be .in accordance with Section 7-10 Public Convenience and Safety in the Gemerai Conditions. ?3 5/10/00 Contract No. 3816 Page 104 of 104 Pages State Farm Mutual Automobile Insurance Company 900 Old River Road Bakersfield CA 93311 49250-3-C MATCH 00243 MUTL VOL *COPY* DECLARATIONS PAGE ‘COPY*’ POLICY NUMBER 5 5181 -F24-558 Policy Period from JUN 29 2001 to JUN 24 2002 00243 55-8190-334C THE CITY OF CARLSBAD MUNICIPAL WATER DISTRICT 1635 VERDE AVE CARLSBAD CA 92008-7314 NAMED INSURED: PULLMAN, CHRISTOPHER DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE. AGENT DICK HESS INSURANCE AGENCY INC ;;;O&AIREMONT MESA BLVD SAN DIEGO, CA 92123-l 223 PHONE: (858)277-7222 1997 CHEVROLET FLAT BED 1 GBKC34J5VJ102632 50400000 I--?r_lem.m-.i-..-. -.- Uninsured Motor Vehicle $26.03 Your policy consists of this declarations those issued to you with any subsequen f age, the policy booklet - form 9805.5, and any endorsements that apply, including renewal notice. Replaced policy number 0055181-55A. Your total current 12 month premium for JUN 24 2001 to JUN 24 2002 is $1,032.00. 6028E.5 ADDITIONAL INSURED-THE CITY OF CARLSBAD MUNICIPAL WATER DISTRICT, 6031 YD 1635 ERDE A E CARLSBAD CA 92008-7314 6082AG.l PlLtCY PERIOD CHANGE-12 MONTHS AMENDATORY ENDORSkMENT: CHANGES-DEFINED WORDS. FINANCED VEHICLES; INSURED S DUTIES; COVERAGES AND CONbITIONS. USE-COMMERCIAL. Named Insured- PULLMAN, CHRISTOPHER 4645 RUFFNER ST STE P SAN DIEGO CA 9211 l-2249 I lSSB66cbl O7-2OOO$W3jb)(olaO254b) Agent: DICK HESS INSURANCE AGENCY INC Telephone: (858)277-7222 Prepared JUL 25 2001 8190-409 Important. . . California law requires us to provide you with information for filing complaints with the State Insurance Department regarding the coverage and service provided under this policy. Complaints should be filed only after you and State Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. Please forward such complaints to: California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 Or call toll free . . . I-800-927-HELP (4357) NOTICE We are required to furnish you with the following information: 1. An automobile liability insurance company may cancel a policy before the end of the current policy period if an insured fails to pay the premium when due or if an insured, a resident spouse, a relative who lives with the insured or any other person who usually drives the car has had his or her driver’s license under suspension or revocation during the 180 days just before the renewal date of the policy, if renewed, or during the policy period. 2. An automobile liability insurance company may increase the premium or refuse to renew the policy for any of the following reasons: a. Accident involvement by an insured, and whether an insured is at fault in the accident. b. A change in, or an addition of, an insured vehicle. c. A change in, or addition of, an insured under the policy. d. A change in the location of garaging of an insured vehicle. e. A change in the use of the insured vehicle. f. Convictions for violating any provision of the Vehicle Code or the Penal Code relating to the operation of a motor vehicle. g. The payment made by an insurer due to a claim filed by an insured or a third party. An automobile liability insurance company may increase the premium or refuse to renew the policy for reasons that are not listed above but which are lawful and not unfairly discriminatory.