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Home My WebLink AboutRaven CLI Construction Inc; 2019-01-29; PWS19-511UTILProject: 5036, Maerkle Reservoir Floating Cover Replacement Change Order No. 03 Final CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT CHANGE ORDER NO. 03 FINAL PROJECT: 5036, Maerkle Reservoir Floating Cover Replacement CONTRACT NO. 5036 P.O. NO. P136927 ACCOUNT NO. 50570000-9060/50361-9066 CONTRACTOR: Raven CLI Construction Inc. ADDRESS: 205 E. 6th Street Sioux Falls, SD 57104 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the Board and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the Executive Manager and/or the President of the Board or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Credit for City of Vista encroachment permit deposit. Decrease to contract cost……….…………………………………..…..……($10,000.00) Item 2: Relocate electrical panels MPC-2 and PNL-2. Increase to contract cost……….…………………………………..………..…$13,389.56 Item 3: Install additional electrical conductors. Increase to contract cost……….…………………………………..……………$7,114.90 Item 4: Increase size of pull box no. 2. Increase to contract cost……….…………………………………..……………$1,223.08 DocuSign Envelope ID: D8AD73D0-94F2-4780-8CD6-426392D20A07 Project: 5036, Maerkle Reservoir Floating Cover Replacement Change Order No. 03 Final Item 5: Install Programmable Logic Controller (PLC) enclosure stanchion. Increase to contract cost……….…………………………………..……………$5,016.90 Item 6: Provide reservoir disinfection and support. Increase to contract cost……….…………………………………..……..……$88,906.65 Item 7: Re-power light pole at gate entrance. Increase to contract cost……….…………………………………..……………$1,525.70 Item 8: Re-installation of depth markers and recalibration of depth sensors. Increase the working days by eleven (11). Increase to contract cost……….…………………………………..……..……$15,320.94 Item 9: Add four stainless-steel grates on the drain inlets. Increase to contract cost……….…………………………………..……..…..…$2,286.30 Item 10: Increase the working days by nine (9) due to weather delays affecting work activities. Additional working days are provided for 9/27/19, 11/20/19, 11/21/19, 11/27/19, 12/4/19, 12/23/19, 12/24/19, 12/26/19 and 1/16/20. Increase to contract cost……….…………………………………..…………………$0.00 Item 11: Increase the working days by thirty-one (31) due to a delivery delay for the specified valve actuators impacting work activities. Increase to contract cost……….…………………………………..…………………$0.00 Item 12: Delete Bid Item No. 8, Repair Existing Reservoir Lining Porous Asphalt. Decrease to contract cost……….………………………..……………..……($90,000.00) TOTAL INCREASE TO CONTRACT COST…………………….………………….…$34,784.03 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY FIFTY-ONE (51) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. THIS IS THE FINAL CHANGE ORDER FOR THIS CONTRACT. RECOMMENDED BY: APPROVED BY: MUNICIPAL PROJECTS MANAGER (DATE) CONTRACTOR (DATE) 7/30/2020 DocuSign Envelope ID: D8AD73D0-94F2-4780-8CD6-426392D20A07 8/4/2020 Project: 5036, Maerkle Reservoir Floating Cover Replacement Change Order No. 03 Final ENGINEERING MANAGER (DATE) FINANCE DIRECTOR (DATE) _____________________________________ DEPUTY CITY MANAGER, PW (DATE) EXECUTIVE MANAGER / PRESIDENT OF THE BOARD (DATE) APPROVED AS TO FORM: CITY ATTORNEY (DATE) DISTRIBUTION: RECORDS MANAGEMENT (ORIGINAL), PURCHASING CONTRACTOR DocuSign Envelope ID: D8AD73D0-94F2-4780-8CD6-426392D20A07 8/6/2020 8/6/2020 8/6/2020 8/11/2020 8/21/2020 Project: 5036, Maerkle Reservoir Floating Cover Replacement Change Order No. 2 CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT CHANGE ORDER NO. 2 PROJECT: 5036, Maerkle Reservoir Floating Cover Replacement CONTRACT NO. 5036 P.O. NO. P136927 ACCOUNT NO. 50570000-9060/50361-9066 CONTRACTOR: Raven CLI Construction, Inc. ADDRESS: 205 E. 6th Street Sioux Falls, SD 57104 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the Board and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the Executive Manager and/or the President of the Board or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Item 2: Item 3: Item 4: Realign storm drain on north side of reservoir by 20 feet, including sawcut pavement and slurry backfill. Increase to contract cost. .............................................................. $19,258.05 Stainless-steel guard repairs for inlet, overflow and three (3) outlets. Increase to contract cost. ................................................................ $5,014.17 Epoxy coating replacement for inlet pipe, deflector plate and three (3) outlet pipes. Increase to contract cost.. ............................................................. $38,456.25 Unforeseen rock removal in trench line and associated asphalt repair. Increase to contract cost. ................................................................ $6,803.72 Project: 5036, Maerkle Reservoir Floating Cover Replacement Change Order No. 2 Item 5: · Increase Bid Item No. 6, repair reservoir existing perimeter ringwall concrete joints, by 27 at the contract unit price of $150 each. Increase to contract cost ............................................................... $4,050.00 Item 6: Increase number of working days by ten (10) due to weather delays affecting work activities. Additional working days are provided for 2/14/19, 2/15/19, 2/20/19, 2/21/19, 3/6/19, 3/11/19, 3/20/19, 4/29/19, 5/9/19 and 5/16/19. Increase to contract cost.. ................................................................... $0.00 TOTAL INCREASE TO CONTRACT COST ................................................. $73,582.19 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY TEN (10) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. APPROVED AS TO FORM: (v~ ;:_ }-{d-&iu4J 1l(2;/ Nt9 CITY ATTORNEY · (DATE) ~ 1/t'] /, 9 ~AtE)J/ ~ i o//5° 19 FINANCE DI CT R (DATE} /(}, ZZ· 1'1 (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR Project: 5036, Maerkle Reservoir Floating Cover Replacement Change Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: 5036, Maerkle Reservoir Floating Cover Replacement CONTRACT NO. 5036 P.O. NO. P136927 ACCOUNT NO. 5057000-9060/50361-9066 CONTRACTOR: Raven CU Construction Inc. ADDRESS: 205 E. 6th Street Sioux Falls, SD 57104 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this cha·nge order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Deposit for City of Vista encroachment permit. Future change order will credit the District the returned deposit from the City of Vista after the project completion. Increase to contract cost ............................................................... $10,000.00 TOTAL INCREASE TO CONTRACT COST .................................................... $10,000.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE INCREASED AS A RESULT OF THIS CHANGE ORDER. (DATE) /MAYOR (DATE) 1-J/!9 DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENT AL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR MAERKLE RESERVOIR FLOATING COVER REPLACEMENT CONTRACT NO. 5036 BID NO. PWS19-511UTIL ,, •+' Revised 6/12/18 Contract No. 5036 Page 1 of 112 TABLE OF CONTENTS CONTRACT/ BID FORMS Notice Inviting Bids ................................................................................................................ 9 Contractor's Proposal ........................................................................................................... 16 Bid Security Form ................................................................................................................. 23 Bidder's Bond to Accompany Proposal ................................................................................. 24 Guide for Completing the "Designation of Subcontractors" Form .......................................... 25 Designation of Subcontractor and Amount of Subcontractor's Bid Items .............................. 27 Bidder's Statement of Technical Ability and Experience ........................................................ 28 Bidder's Acknowledgement of Intent to Provide Qualified Contractor's Representative ......... 30 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation .................................................................................... 31 Bidder's Statement Re Debarment. ....................................................................................... 32 Bidder's Disclosure of Discipline Record ..................................................................... 33 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ........................ 35 Contract Public Works .......................................................................................................... 36 Labor and Materials Bond .................................................................................................... .43 Faithful Performance/Warranty Bond ................................................................................... .45 Optional Escrow Agreement for Surety Deposits in Lieu of Retention .................................. .47 ,, •f' Revised 6/12/18 Contract No. 5036 Page 3 of 112 Section 1 1-1 1-2 1-3 1-4 1-5 Section 2 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 2-10 2-11 Section 3 3-1 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5-1 5-2 5-3 5-4 5-5 5-6 Section 6 6-1 6-2 6-3 6-4 6-5 6-6 TABLE OF CONTENTS GENERAL PROVISIONS Terms, Definitions Abbreviations and Symbols Terms ........................................................................................................... 51 Definitions ..................................................................................................... 51 Abbreviations ................................................................................................ 55 Units of Measure ........................................................................................... 58 Symbols ........................................................................................................ 59 Scope and Control of The Work Award and Execution of Contract .................................................................. 60 Assignment ................................................................................................... 60 Subcontracts ................................................................................................. 60 Contract Bonds ............................................................................................. 61 Plans and Specifications ............................................................................... 62 Work to be Done ........................................................................................... 66 Subsurface Data ........................................................................................... 66 Right-of-Way ................................................................................................. 66 Surveying ...................................................................................................... 66 Authority of Board and Engineer ................................................................... 67 Inspection ..................................................................................................... 68 Changes in Work Changes Requested by the Contractor ......................................................... 69 Changes Initiated by the Agency .................................................................. 69 Extra Work .................................................................................................... 70 Changed Conditions ..................................................................................... 73 Disputed Work ............................................. ···········:·····································74 Control of Materials Materials and Workmanship .......................................................................... 80 Materials Transportation, Handling and Storage ............................................ 84 Utilities Location ........................................................................................................ 85 Protection ..................................................................................................... 85 Removal ....................................................................................................... 86 Relocation ..................................................................................................... 86 Delays .......................................................................................................... 86 Cooperation .................................................................................................. 87 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work .................................... 88 Prosecution of Work ..................................................................................... 92 Suspension of Work ...................................................................................... 93 Default by Contractor .................................................................................... 93 Termination of Contract ................................................................................ 94 Delays and Extensions of Time ..................................................................... 94 l'\ •~ Revised 6/12/18 Contract No. 5036 Page 4 of 112 6-7 6-8 6-9 6-10 Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 8-1 8-2 8-3 8-4 Section 9 9-1 9-2 9-3 9-4 Time of Completion ....................................................................................... 95 Completion, Acceptance, and Warranty ........................................................ 96 Liquidated Damages ..................................................................................... 97 Use of Improvement During Construction ..................................................... 97 Responsibilities of the Contractor Contractor's Equipment and Facilities ........................................................... 98 Labor ............................................................................................................ 98 Liability Insurance ......................................................................................... 98 Workers' Compensation Insurance ............................................................... 98 Permits ......................................................................................................... 99 The Contractor's Representative .................................................................. 99 Cooperation and Collateral Work ................................................................ 100 Project Site Maintenance ............................................................................ 100 Protection and Restoration of Existing Improvements .................................. 102 Public Convenience and Safety .................................................................. 103 Patent Fees or Royalties ............................................................................. 106 Advertising .................................................................................................. 106 Laws to be Observed .................................................................................. 106 Antitrust Claims ........................................................................................... 106 Facilities for Agency Personnel General ....................................................................................................... 107 Field Office Facilities ................................................................................... 107 Removal of Facilities ................................................................................... 107 Basis of Payment ........................................................................................ 107 Measurement and Payment Measurement of Quantities for Unit Price Work ........................................... 108 Lump Sum Work ......................................................................................... 108 Payment ..................................................................................................... 108 Bid Items .................................................................................................... 112 ,, •ti Revised 6/12/18 Contract No. 5036 Page 5 of 112 TABLE OF CONTENTS TECHNICAL SPECIFICATIONS DIVISION 01 -GENERAL REQUIREMENTS 01010 01011 01015 01025 01040 01050 01050 01200 01300 01312 01400 01500 01510 01530 01540 01560 01590 01610 01700 01720 01730 01740 Summary of Work Drawings and Specifications General Information Measurement and Payment project Coordination Construction Surveying Construction Coordination Project Meetings Contractor Submittals Contractor Construction Schedule and Reports Quality Control Construction Facilities and Temporary Controls Temporary Utilities Security Load Restrictions Temporary Environmental Controls Field Office Delivery, Storage and Handling Project Closeout Record Drawings Operations and Maintenance Data and Manuals Guarantee and Warranty DIVISION 02 -SITE WORK Demolition 02050 02778 02780 Reservoir Geomembrane Floating Cover Reservoir Dewatering and Startup DIVISION 03 -CONCRETE 03250 Concrete Anchors DIVISION 04 -MASONRY DIVISION 05 -METALS 05500 Miscellaneous Metalwork DIVISION 06 -WOOD AND PLASTICS DIVISION 07 -THERMAL AND MOISTURE PROTECTION 07120 Fluid Applied Membrane DIVISION 08 -DOORS AND WINDOWS DIVISION 09 -FINISHES DIVISION 10 -SPECIAL TIES l' • .., Revised 6/12/18 Contract No. 5036 Page 6 of 112 DIVISION 11 -EQUIPMENT 11215 11220 Water Quality Monitoring Pumps Floating Cover Rainwater Removal Pumps DIVISION 12 -FURNISHINGS DIVISION 13 -SPECIAL CONSTRUCTION DIVISION 14 -CONVEYING SYSTEMS DIVISION 15 -MECHANICAL 15064 15075 15110 15140 Polyvinyl Chloride (PVC) Pipe Hose and Appurtenances Outlet Valve System Pipe Supports DIVISION 16 -ELECTRICAL 16010 16060 16080 16120 16130 16135 16140 16180 16195 16463 16955 Basic Electrical Requirements Grounding Acceptance Testing Wire and Cable Raceways and Boxes Electrical Exterior Underground Wiring Devices Equipment Wiring Systems Electrical Identification Mini Power Centers Control Devices DIVISION 17-INSTRUMENTATION AND CONTROL APPENDICES A. B. C. NPDES Permit SWPPP Template Contractor's Submittal List ,, • ., Revised 6/12/18 Contract No. 5036 Page 7 of 112 CONTRACTING/BID FORMS l'\ • ., Revised 6/12/18 Contract No. 5036 Page 8 of 112 CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on September 26, 2018, the Carlsbad Municipal Water District (District) shall ac- cept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carls- bad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: remove and dispose existing approximately 18 acre floating cover and associ- ated appurtenances; remove, store, and reinstall existing chain link fence; remove and replace three existing outlet valves, actuators, and hydraulic power u_nit system; install additional buried piping associated with floating cover rainwater removal system; site electrical improvements; and associated miscellaneous work for an existing 600 acre-foot, potable water storage, earthen res- ervoir. MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 PWS19-511 UTIL INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevoca- ble offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the Carlsbad Municipal Water District and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Depart- ment. 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 sub- stituted for any obligation required by this notice or for any monies withheld by the District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from partici- pating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water District or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the City Clerk's Office. The spec- ifications for the work include Project Technical Specifications, City of Carlsbad Technical Speci- fications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edi- tion at time of bid opening and the supplements thereto as published by the "Greenbook" Com- mittee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Spec- ification Reference is hereby made to the plans and specifications for full particulars and descrip- tion of the work. The General Provisions (Part 1) to the SSPWC do not apply. ,, • ., Revised 6/12/18 Contract No. 5036 Page 9 of 112 The Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabrica- tors and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. SUMMARY OF BIDDING SCHEDULE An overview of the bidding schedule is included in the following table. Details for each activity can be found in relevant section. ACTIVITY SCHEDULE TIME Released for bid Thursday, August 9, 2018 Mandatory pre-bid meeting and site visit Wednesday,August22, 2018 9 a.m. Deadline for questions Monday, September 10, 2018 5 p.m. Final addendum/Q&A posted Wednesday, September 19, 2018 Bid opening Wednesday, September 26, 2018 11 a.m. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Bidder's Acknowledgement of Intent to Provide Qualified Contractor's Representative 7. Proof of Contractor's Representative OSHA 30-hour Construction Training Course 8. Acknowledgement of Addendum(a) 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) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $8,432,000 (eight million four hundred and thirty-two thousand dollars). TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. ,, •+; Revised 6/12/18 Contract No. 5036 Page 10 of 112 SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with Cali- fornia 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, expira- tion 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 classification; additionally, the specialty contractor / subcontractor performing the geomembrane floating cover work shall possess a valid State of California Class C61 Limited Specialty/ 012 Synthetic Products contractor license. STATEMENTS OF TECHNICAL ABILITY AND EXPERIENCE FOR CONTRACTOR, CONTRACTOR'S REPRESENTATIVES, AND CONTRACTOR'S SUPPLIERS Bidder shall demonstrate that they are qualified for the project by providing proof of their experi- ence and technical ability for construction in the disciplines of construction required to complete this project. Bidder shall also demonstrate that the firm will provide a qualified Contractor's Representative (as defined in Section 7-6) for the Project. Proof of Bidder's experience and technical ability (as outlined below) shall be attached to The Bidder's Statements of Technical Ability and Experience to be included with the Contractor's bid. The statement and listing of information shall include but not be limited to the successful con- struction of the following: 1. Flexible geomembrane floating covers. a. Reference Specifications section 02778, 1.5 for detailed requirements. Bids shall include detailed qualifications for the following: i. Geomembrane Contractor (firm experience) ii. Geomembrane Project Manager (individual experience) iii. Geomembrane Superintendent (individual experience) iv. Geomembrane Quality Assurance Manager (individual experience) v. Geomembrane Material Manufacturer (firm experience) vi. Geomembrane Fabricator (firm experience) 2. Outlet Valve System. a. Reference Specifications section 15110, 1.04, A. Contractor's Representative shall include completion of OSHA 30-hour Construction Training Course. Submit certification with bid. Agency reserves the right to disqualify bidders if bidder does not demonstrate the required tech- nical ability and experience. Agency reserves the right to disqualify bidders if the required technical ability and experience for the Contractor's Representative is not established. In the event that the Contractor would like to change the Contractor's Representative through the course of Project completion, Contractor shall notify the Agency at least two weeks prior and l' •+; Revised 6/12/18 Contract No. 5036 Page 11 of 112 submit the same paperwork for the Agency's review demonstrating the proposed Contractor's Representative meets the minimum requirements of the position. Agency will review qualifications of proposed Contractor's Representative within 5 working days of receipt. In the event of a change in Contractor's Representative, Agency reserves the right to suspend work, at the Contractor's cost, until a qualified Contractor's Representative is assigned to the Project. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and sub- mitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained from the City's website http://www.carlsbadca.gov/services/depts/finance/contracting/bids.asp. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the draw- ings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Graham Jordan, Contract Administrator graham.jordan@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, de- tails or specification sheets. The cutoff date to submit questions is identified in the bidding schedule. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project no later than the date specified in the bidding sched- ule. REJECTION OF BIDS The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Con- tract shall be those as determined by the Director of Industrial Relations pursuant to the sections ,., •ii' Revised 6/12/18 Contract No. 5036 Page 12 of 112 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the District's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. MANDATORY PRE BID MEETING A mandatory pre-bid meeting and tour of the project site will be held at 9 a.m. on Wednesday, August 22, 2018 at the reservoir entrance gate at the end of Applewood Lane, approximate ad- dress 2021 Applewood Lane, Vista, California 92081. Late arrivals may be disqualified from the bidding process. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full l'\ •ti' Revised 6/12/18 Contract No. 5036 Page 13 of 112 force and effect and be retained by the District until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. 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 (commenc- ing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of Cal- ifornia by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The District does accept policies issued by the State Compensation Fund meeting the require- ment for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the District is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Con- tractor 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. INSPECTIONS The Project is under the jurisdiction of the Division of Safety of Dams (DSOD) and Division of Drinking Water (DOW) and will periodically inspect the Work throughout the Project. The valve or actuator manufacturer shall, assemble and test the outlet valves, actuators, and hy- draulic power unit off-site to validate performance prior to shipping to the site for installation. The Contractor shall test the complete outlet valve system (outlet valves, actuators, and hydraulic power unit) after installation with the on-site supervision of representatives from the outlet valve, actuator, and hydraulic power unit manufacturers. EXTENDED WARRANTIES In addition to the standard warranty provisions (General Provisions Section 6-8) additional war- ranty durations are required as noted in applicable Technical Specification sections. Floating cover (Technical Specifications section 02778) installation warranty shall be 2 years after "Notice of Completion" and material warranty shall be 30 years after "Notice of Completion". Outlet valve system (Technical Specification section 15110) materials and installation warranty shall be 2 years after "Notice of Completion". {'\ •+' Revised 6/12/18 Contract No. 5036 Page 14 of 112 BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the Board of Directors of the Carlsbad Municipal Water District, Carlsbad, California, by Resolution No. 1599, adopted on the 10th day of July 2018. ~-August 8, 2018 Date Graham Jordan, Deputy Clerk l'\ •,;' Revised 6/12/18 Contract No. 5036 Page 15 of 112 MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 5036 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE FLOATING COVER REPLACEMENT Item No. Description 1 Mobilization at ·:two \:--\Dorir:ed. -~~~~fs' 2 Prepare and imple- ment Storm Water Pollution Prevention Plan (SWPPP) ~~'if Prf:e in Words) 3 Remove, store, and reinstall existing chain link fence Eo · ,, •~ Revised 6/12/18 Approxi- mate Quantity And Unit Not to Exceed 3% of Bid LS LS Unit Price (Figures) $ ).~ QCO -Ol• Contract No. 5036 Total Amount (Figures) $ w,.cro .oo I $1.-\~ooo.oo Page 16 of 112 Approxi- Item mate Unit Price Total Amount No. Description Quantity (Figures) (Figures) And Unit 4 Remove and dispose existing Floating cover and identified appurte- $ l<J '6, 000 • OD $ 11'.b,roJ. 00 nances LS ~~~~~-S~t\tq ~ice in Words) 5 Dewater reservoir, re- move and dispose sediment, and clean $ r1, 000.00 $ f']100D,.OO reservoir interior LS ~~ (Price in;:; s) 6 Repair reservoir exist- ing perimeter ringwall l \L'.50~ oo $ 1, &00~00 concrete joints 12 QOf J..-\~uvJceli E f·.\-u • _l· __ (Unit Pride in Words) 7 Provide, install, and test outlet valves, ac- tuators, and HPU sys- $ Bb~ OOU~oo $86Cl ~~ .. OD tern replacem nt LS I I 8 Repair existing reser- voir lining porous as- j CfttOO $ qo, ooo .. oo phalt 1,000 sf n·1ne·b1 .... , (Unit Price in Words) 9 Replace existing galled nuts and dam-~ 1~,,00 $ .,,, 600 .. oo aged studs 200 ea. e 1 q h:\::el,t\ (Unit Price in Words) ('\ •+;' Revised 6/12/18 Contract No. 5036 Page 17 of 112 Approxi- Item mate No. Description Quantity And Unit 10 Provide Reservoir CSPE geomembrane floating cover and chafer geomembrane materials and ge- omembrane fabri- cated panels LS ~-~\~~a (Price in Words) 11 Install reservoir ge- om~mbrane chi; LS -~~: l (Price in Words) 12 Install reservoir ge- omembrane floating cover nJ . LS t~~v ~ fo --~~fe, =,Ka,110\ (Pl-ice in Words) 13 Provide and install 14 Provide, install, and test floating cover rainwater removal LS pump_ assemblie: j\ LS -too \-:\0odcm Se\JenhA F1 \Te. 1bot,~nd (Prlce in Words) Unit Price (Figures) $ 3100C\1 oco .. oo $ ),} Q . QOO • 00 I $ 5431000. OD $ C\~Q .QDOa vO ' $ J.15', ooa ,. oo $ \'5"3 ;OOO.oo l' •~ Revised 6/12/18 Contract No. 5036 Total Amount (Figures) $ ~Q[q .CCXJ~CfJ 1 $ 1-\0 1000., oo $ Sl:13 1 ◊00 ., c,o $ tJHO; coo .. oo Page 18 of 112 Approxi- Item mate No. Descri12tion Quantity And Unit 16 Provide and install floating cover vents LS s1ttten fu f)( 2$GH1 d (Price in Words) 17 Provide and install water quality sampling system LS -~i~hl (Price in Words) 18 Provide and install site electrical improve- ments LS r~f ~oosMCl (Pri in ords) 19 Provide reservoir fill and startup support h LS -ru.,eo~ ·:\hol2:>aM (Price in Words) 20 Perform floating cover cleaning after reser- voir fill 'f"1 fbtt :::fua, KtJf\lj (Price in Words) 21 Demobilization ~ -re.n =moo Ia oc (Price in Words) LS LS Unit Price Total Amount (Figures) (Figures) $ l~. 000 .• 00 $ lh.aOCl~OO I J $gb I QQQ,,00 $ ~~ ow.oo J $ 65<8. 00D .. 00 $ w 006 .. 00 I $ so,000 .. 00 Total amount of bid in words for Schedule: Se\Jf n m ·, \ \ i 00 fo, >C h u ad r-e~ ±u.,eo:b{ n,o-e +ho0sa.nd .P,H;r bond red o\oilacs Total amount of bid in numbers for Schedule:$ "7, 4'Jt'.1, Hoa. 00 Price(s) given above are firm for 90 days after date of bid opening. l'\ •+; Revised 6/12/18 Contract No. 5036 Page 19 of 112 Addendum(a) No(s). __ 1_&_2 ______ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District, the District may administratively au- thorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 1044411 , classification A which expires on 09/30/2020 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Board member, officer agent, or employee of the City of Carlsbad is personally inter- ested, 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 __ B_o_n_d __________ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-in- surance 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. {' • .., Revised 6/12/18 Contract No. 5036 Page 20 of 112 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) A)A City and State ____________________________ _ (4) Zip Code ________ Telephone No. ______________ _ (5) E-Mail ____________________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted _________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business __________________________ _ (Street and Number) City and State ___________________________ _ (4) Zip Code ________ Telephone No. ______________ _ (5) E-Mail _____________________ _ l' • .., Revised 6/12/18 Contract No. 5036 Page 21 of 112 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted Ba \ }:LY::) ( {_ J: e,c0 ,y-tyu ch ~h r:. (,[ . (2)~/~ (Title) j' Impress Corporate Seal here (3) Incorporated under the laws of the State of __ :;""-t)""""-------- (4) Place of Business <@Di;:) f tith S + ,-. (Street and Number) City and State -~ l DLl.')( ~t===-:zt \ \S S D ' I (5) Zip Code 5 ·1 \DY Telephone No. 6D~) -33 / -0 2,5q (6) E-Mail Qi'.)-t-h vn~ , ,:":Lh1'11\ rd +-c_g 1/71 / Jif1/,nd, C-01>-, 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: A1rrt11 \)D~ ~c \rqy\ 1cl t-fh.s f cL?. n + L. e.e, 1'\J\a ~ i::11..J>S '(SY' ~ !\'st S,e cnl:rurcj ,, •+;' Revised 6/12/18 Contract No. 5036 Page 22 of 112 Certificate of Acknowledgement Stateof SD County of~ On :1 I ~, \ l :f . before me. _Ah~J _b-+--y Vo_o~_u_~ (date) T (notary) personally appeared • ...J'Antb ___ -'--'-_~..,__1+---i--"--u---'-h___._.VVt-'--~' cl~+ ____ ~ (signers) personally known to me --OR -- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted. executed the instrument WITNESS my hand and official seal My Commission Expires: ~ J 13) ~v (seal) ~.,c,e~~~~~c.,c;,c..,c.,,,,1,C&,+ I ABBY VOSTAD I ~ NOTARY PUBLIC~ ~ SOUTH DAKOTA~ .................................. , • .,,,.....+ BID SECURITY FORM (Check to Accompany Bid) MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of ________________ _ ______________________ dollars($ ______ __,, this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the District, provided this proposal shall be accepted by the District through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the District if the un- dersigned 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 con- tract 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.) (' •ff Revised 6/12/18 Contract No. 5036 Page 23 of 112 BIDDER'S BOND TO ACCOMPANY PROPOSAL MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 KNOW ALL PERSONS BY THESE PRESENTS: That we, Raven CLI Construction, Inc., 1062 Singing Hills Road, Parker, CO 80138 , as Principal, and Great American Insurance Company , as Surety are held and firmly bound unto the Carlsbad Municipal Water District, California, in an amount as follows: (must be at least ten per- cent (10%) of the bid amount) Ten Percent of the Amount Bid (10%) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District. 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. SIGNED AND SEALED, this ___ 2_6_th ___ day of ____ s_e ___ p_te_m_b_er ____ , 20_1_8 _ Raven CLI Construction, Inc. (SEAL) Great American Insurance Company (SEAL) (Principal) (Surety) By:~~~ By~ .l&(~Qnlli f±Dfu\'1V\\~ ,SC \'\~\A\(\t Nicole L McCoUam CA Ljcense#0F09039 Attorney-in-Fact , 1 -l"'l _ (1rint ame/Title). (\ _ r\. (Print Name/Title) V ,-(.~ DE-Nvti\ \'\ \(\_f\(l(U>V t:: Fb (SEAL AND NOTARIAL ACKNOWLEDGEME~ 0~ SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER General Counsel/7 ./ By: ____ ~-----~=....<-+/ ______ _ Deputy General Counsel D ,, •ff Revised 6/12/18 IMA, Inc. CA License #0H64724 Contract No. 5036 Page 24 of 112 STATE OF COLORADO COUNTY OF DENVER } SS -------- On _S_e_.p_te_m_be_r_2_6'-, 2_0_1_8 ___ before me Amy Coonts PERSONALLY APPEARED Nicole L. McCollam personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature My Commission Expires: June 23, 2020 OPTIONAL AMY COONTS NOTARY PUBLIC • STATE OF COLORADO Notary ID #20164024146 My Commission Expires 6/23/2020 T71is area for Official Notarial Seal 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 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) 0 PARTNER(S) [8J ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 LIMITED 0 GENERAL 0 GUARDIAN/CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Great American Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ALL PURPOSE ACKNOWLEDGEMENT ' . GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TEN No. 0 14754 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. SARAH FINN ROBERT J. REITER JESSICA JEAN RINI ROBERT L. COHEN KRISTEN L. McCORMICK SHERYLL SHAW Name JENNIFER L. CLAMPERT NICOLE L. McCOLLAM MICHAEL LISCHER, JR. BRANDI J. TETLEY Address ALL DENVER, COLORADO Limit of Power ALL $100,000,000.00 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 18TH day of MAY , 2018 Attest GREAT AMERICAN INSURANCE COMPANY 4"c c. 5____ ~t IL~ Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON -ss: DAVID C. KITCHIN (877-377-2405) On this 18TH day of MAY , 2018 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. A -This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be aifixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company. to be valid and binding upon the Company with the same force and effect as though manually aifixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of c:Sef ft n-i fu¥' , .2o IS · 4-cc.5_.._ Assistant Secretary S 1029AF (06/15) Certificate of Acknowledgement Stateof ~~ County of~ On_4_j ?-___._il~J 1_~• before me. Ahbu~W . U (notary) (date) personally appeared, --tn±h ruy ' \Ch /'.V1 I a+ ' (signers) personally known to me --OR -- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal (notary signature) My Commission Expires: (seal) +~~~~':/-':/-.;+:,~'N-r:,G,C,C,,+ f. ABBY VOSTAD l f ~SEAL NOTARY PUBLIC~ f ~ SOUTH DAKOTA~ +tl-i'a/-/arJ.F,,C./ca/i/-Jial-,,t,~,,,,~-,a,s;1,1,+ GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer'', "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes perfor- mance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of Cali- fornia whom the Bidder proposes to specially fabricate and install any portion of the work or im- provement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcon- tractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the District of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. ,, •+;' Revised 6/12/18 Contract No. 5036 Page 25 of 112 Determination of the subcontract amounts for purposes of award of the contract shall be deter- mined by the Board of Directors in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the Board of Directors shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. l' •tr Revised 6/12/18 Contract No. 5036 Page 26 of 112 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Phone No. DIR Subcontractor's Amount of Portion of Subcontractor Name and Work by and Email Registration License No. and Work Location of Business Subcontractor Address No. Classification in Dollars* Bid ltem(s): 2 Ground Service Technology, Inc. (760) 745-2010 1000008918 847034 $33,261.00 1348 La Mirada Dr. Suite A yleal@igst.com Class A, B, C10, C27 San Marcos, CA 92078 Bid ltem(s): 3, 6, CW Crosser Construction, Inc. (714) 693-9800 1000012068 821697 k I i,'3.~1'!()_00 7, 8, 14, 17, 18 1250 North Lakeview Ave. Suite J patrick@cwcrosser.corr Class A Anaheim, CA 92807 Page _l__ of _j__ pages of this Subcontractor Designation form • Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." {' •+;' Revised 6/12/18 Contract No. 5036 Page 27 of 112 -- BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 The Bidder is required to demonstrate technical ability and experience stipulated under "State- ment of Technical Ability and Experience" in the Notice Inviting Bids. Bidder shall 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 Agency to judge his/her re- sponsibility, experience and skill. Bidder shall complete the following form. Bidder shall reference Project Technical Specifications Section 02778, 1.5 for specific require- ments and positions to be included with their Bid Proposal. Bidder shall reference Project Technical Specifications Section 15110, 1.04 for specific require- ments to be included with their Bid Proposal. Agency reserves the right to disqualify bidders if the required technical ability and experience is not established. ,, • .,., Revised 6/12/18 Contract No. 5036 Page 28 of 112 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 As described in the NIB, 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 Agency to evaluate his/her responsibility, experience and skill. Form shall be copied to provide additional experience. An attachment can be used to supplement. Contract Value Water Infrastructure Improvements Com leted Date Con-Name of Project Prime Owner Name Owner Contact Person Contract Value of Area {square feet) tract Com-Owner Address Number and Size pleted Project Description or Sub Project Address Name and Phone No. Total Contract Only Reinforced Contract Value of of Installed Rein-of Potable Water Value Geomembrane Only Valve Work forced Geomem-Valves Work braneWork October Franzen Reservoir Floating Cover City of Salem, OR Public Works s 555 Liberty Street $ 1.5 Million $ 1.5 Million 2003 503-588-6311 2,800,000 SF Salem, OR 97301 March Encana Oil & Gas Mike Sanville Encana Hunter Mesa Floating Cover p 370 17th Street 303-623-2300 $ 550,000.00 S 550,000.00 2012 Denver, CO 200,000 SF 80202 December Mayacama Golf Course Irrigation Cover s MayacamaGC Greg Brown 2017 1240 Mayacama Drive 707-569-2900 $ 360,000.00 S 360,000.00 200,000 SF Santa Rosa, CA 95403 April Cal Poly Univ 2018 Cal Poly Pomona Floating Cover s 3801 W. Temple Ave George Lewin $ 290,000.00 S 290,000.00 160,000 SF Pomona, CA 91768 909-869-3034 Metro Water District Current Palos Verdes Floating Cover PO Box 54153 Everett Mundowsky s Los Angeles, CA 90054 213-217-6000 $ 10 Million $10 Million 2,400,000 SF Page _I_ of __ I pages of this Bidder's Statement of Technical Ability and Experience form l'. .... Revised 6/12/18 Contract No. 5036 Page 29 of 112 Johann Konrad Project Manager Installation Qualifications Raven CLI Construction, Inc. 1062 Singing Hills Rd. Parker, CO 80138 -800-524-8672 Material Mil Quantity Project Name City State Year of Completion Total Square Ft Bremerton Res 4 Cover Bremerton WA 2018 Geocomposite Total Square Ft 430,215 8 430,215 55th Ave Landfill Long Beach CA 2016 Geotextile Total Square Ft 845,000 8 26,000 lone WW Ponds 1-4 lone CA 2018 12 9,000 Bremerton Res 4 Cover Bremerton WA 2018 8 270,000 BNN Tallgrass Energy Beirely Lochbuie co 2018 8 360,000 Solar Power & Water AZ Wellton AZ 2017 8 18,000 AES Alamitos Long Beach CA 2017 8 50,000 Tilden Project Mesa AZ 2016 8 85,000 Sangiacomo Sonoma Winery Sonoma CA 2016 27,000 Pauma Valley Reservoir Pauma Valley CA 2016 HOPE Total Square Ft 121,940 60 86,940 Mule Creek lone CA 2017 40 35,000 Sugarloaf Custom Crush Winery Santa Rosa CA 2016 Hypalon Total Square Ft 3,070,773 45 164,846 Bremerton Res 4 Cover Bremerton WA 2018 45 9,000 La Palma Anaheim CA 2018 60 48,128 La Palma Anaheim CA 2018 60 2,561,832 Palos Verdes Rolling Hills CA 2017 60 65,298 Santa Ynez Reservoir 1 Santa Ynez CA 2017 45 110,219 Mayacama Floating Cover Santa Rosa CA 2017 60 61,450 Beverly Manor Reservoir Seal Beach CA 2016 45 50,000 Tilden Project Mesa AZ 2016 LLDPE Total Square Ft 23,400 23,400 San Vicente Reclamation Plant Ramona CA 2016 Monday, October 1, 2018 Page 1 of 2 Material Mil Quantity Project Name City State Year of Completion LLDPE Textured Double Sided Total Square Ft 223,560 60 223,560 55th Ave Landfill Long Beach CA 2016 RPE Total Square Ft 1,412,211 45 47,000 Cal Poly Pomona CA 2018 45 256,836 BNN Tallgrass Energy Beirely Lochbuie co 2018 45 228,744 lone WW Ponds 1-4 lone CA 2018 30 587,000 Kendall Water lmpoundment Roosevelt UT 2017 30 38,842 AES Alamitos Long Beach CA 2017 45 143,818 lone WW Ponds 2 & 3 lone CA 2017 45 25,830 AES HB Pond Reline Huntington Beach CA 2017 30 84,141 Sangiacomo Sonoma Winery Sonoma CA 2016 RPP Total Square Ft 2,877,798 45 15,600 Montecito CC Floating Cover Montecito CA 2018 45 2,750,000 Solar Power & Water AZ Wellton AZ 2017 45 29,086 Pauma Valley Reservoir Pauma Valley CA 2016 45 83,112 Valley View Reservoir Rehabilitation Tucson AZ 2016 XR-3 Total Square Ft 24,990 30 24,990 4S Ranch Water Reclamation Facility San Diego CA 2017 XR-5 Total Square Ft 1,369 40 1,369 Commerce CA Repair Commerce CA 2016 Monday, October 1, 2018 Page 2 of 2 Nicholaq Lavin d Super1nten ent Installation Qualifications Raven CLI Construction, Inc. 1062 Singing Hills Rd. Parker, CO 80138 -800-524-8672 Material Mil Quantity Project Name City State Year of Completion 30 PE Anti-Skid Total Square Ft 52,155 30 22,155 Whiting Oil Pit Meeker co 2012 30 30,000 Encana J27 Overlay Parachute co 2012 Ecodur Spray Liner Total Square Ft 27,700 Highline North Cell Colorado Springs co 2013 Johnny G. Martinez ReseNoir Tempe AZ 2013 700 Roxborough Clarifier Roxboro ugh co 2012 1,000 McWane Retaining Walls Ft. Worth TX 2012 10,000 Rentech Tanks Commerce City co 2012 10,000 AIIChem Roof Coating Houston TX 2012 6,000 BBL Tanks Williston ND 2012 EPDM Total Square Ft 4,486,633 45 21,250 Spring Head Installation St. Peters, Barbado 2011 45 6,000 Aztec NM Post Office Aztec NM 2009 45 25,000 Flying Horse Colorado Springs co 2007 45 16,383 Ft Collins Water Features Ft Collins co 2007 45 321,500 Dexter Fish Hatchery Dexter NM 2007 45 2,608,500 Texas Parks & Wildlife -A.E. Wood San Marcos TX 2007 45 1,000,000 Texas Parks & Wildlife -CCA Marine Corpus Christi TX 2005 45 484,000 Fair Oaks Dairy Farm Rensselaer IN 1999 45 4,000 Bradbury Well Facility Parker co 1999 GCL Total Square Ft 3,836,493 309,225 Pawnee Station Landfill Brush co 2011 2,292,718 Rooney Road Landfill Golden co 2003 254,800 Fountain Landfill -Cell B Phase 1 Fountain co 2002 879,750 Golden Golf Course Cap Golden co 2002 100,000 Shattuck Chemical Denver co 1997 Monday, October 1, 2018 Page 1 of 17 Material Mil Quantity Project Name City State Year of Completion GCL Bentoliner NSL Total Square Ft 1,046,250 411,525 East Regional LF Cell 2 Bennett co 2014 383,625 Laramie LF Laramie WY 2013 251,100 SG Interests Somerset co 2011 GCL Bentomat CL Total Square Ft 96,750 27,000 Dodd WTP Niwot co 2016 69,750 Encana J25 Pond Parachute co 2010 GCL Bentomat ON Total Square Ft 2,185,575 2,250 Summit County LF Summit County co 2012 43,500 Lifetime Fitness Centennial co 2010 23,925 Rocky Mountain Energy Keenesburg co 2010 600,000 RMA Channels Commerce City co 2009 1,263,600 RMA Elf Cap Commerce City co 2009 252,300 Fountain Landfill -Cell B Phase 1 Fountain co 2002 GCL Bentomat ST Total Square Ft 3,321,209 472,500 Bluegrass Pond 5 Gillette WY 2017 294,750 Southern Cross Pond 7 Baggs WY 2015 769,500 East Regional LF Bennett co 2011 272,250 Summit County Landfill Dillon co 2010 243,000 River Point ACC Littleton co 2008 245,000 Riverpoint Sheridan Swale Pond Littleton co 2008 24,209 Summit County LF Dillon co 2007 1,000,000 Rocky Flats Weapons Plant Arvada co 2005 GCL Claymax Total Square Ft 279,000 279,000 TDS Landfill Cell 7 A Torrington WY 2014 Geocomposite Total Square Ft 11,725,095 6 210,250 Western Gravel Meeker co 2015 6 54,375 Metro NTP Ponds Brighton co 2015 8 400,200 East Regional LF Cell 2 Bennett co 2014 6 32,625 Summit County LF Summit County co 2012 677,005 East Regional LF Bennett co 2011 Monday, October 1, 2018 Page 2 of 17 Material Mil Quantity Project Name City State Year of Completion 8 69,600 Encana J25 Pond Parachute co 2010 275,500 Summit County Landfill Dillon co 2010 8 500,000 Five Part Disposal Bennett co 2010 600,000 RMA Channels Commerce City co 2009 1,263,600 RMA Elf Cap Commerce City co 2009 1,000,000 Rocky Flats Weapons Plant Arvada co 2005 416,358 Cheyenne Sanitary Landfill Cheyenne WY 2004 770 Fisher Canyon Reservoir Colorado Springs co 2004 1,400,000 Franzen Reservoir Turner OR 2004 2,286,000 Rooney Road Landfill Golden co 2003 90,000 Broadacre Landfill Pueblo co 2002 441,197 Front Range Landfill Erie co 2002 12,740 Fountain Landfill -Cell B Phase 1 Fountain co 2002 891,450 Golden Golf Course Cap Golden co 2002 145,625 Flintrock Holding Pond Modification Lakeway TX 2002 470,000 Summit County Landfill Dillon co 2001 37,800 Altus AFB Fire Training Facility Altus OK 1998 450,000 Tesla Hydroelectric Facility Colorado Springs co 1995 Geocomposite Double Sided Total Square Ft 3,563,522 8 197,200 TDS Landfill Cell 7 A Torrington WY 2014 370,372 Laramie LF Laramie WY 2013 8 2,627,100 Lake Texoma Wylie TX 2013 6 58,725 Encana A 15 Pit Parachute co 2012 32,625 TTCI lmpoundment Pueblo co 2012 157,500 DIA Glycol Pond 009 Cell 4 Denver co 2011 120,000 Envirotech 2008 La Salle co 2008 Geocomposite Single Sided Total Square Ft 595,950 26,100 Johnny G. Martinez Reservoir Tempe AZ 2013 6 569,850 Navajo NE-2 Pond Page AZ 2012 Geogrid Total Square Ft 270,000 270,000 Rooney Road Landfill Golden co 2003 Monday, October 1, 2018 Page 3 of 17 Material Mil Quantity Project Name City State Year of Completion Geonet Total Square Ft 4,623,000 200 469,800 Bluegrass Pond 5 Gillette WY 2017 200 113,850 Leprino Foods Phase 2 WWTP Greeley co 2016 200 208,800 Western Gravel Meeker co 2015 200 295,800 Southern Cross Pond 7 Baggs WY 2015 200 43,500 Encana Hunter Mesa North Pond Rifle co 2014 200 54,450 Leprino Foods Ft. Morgan co 2014 200 280,000 Pumpkin Buttes Pond 4 Gillette WY 2014 200 117,450 CJ Bio America Fort Dodge IA 2013 200 113,100 Encana High Mesa Middle Pond Parachute co 2013 200 569,250 Navajo NE-2 Pond Page AZ 2012 200 504,900 Goodwin Waste Disposal Facility Whitewater co 2012 280,000 Leprino Foods WWTP Greeley co 2011 247,500 SG Interests Somerset co 2011 468,000 IBP-Anaerobic Lagoons Holcomb KS 1999 77,000 Lowry Landfill FTPA Waste Pit Denver co 1999 9,600 San Carlos Apache Golf Course Globe AZ 1998 770,000 Tesla Hydroelectric Facility Colorado Springs co 1995 Geotextile Total Square Ft 10,393,414 8 211,500 Tucson Clearwell Tucson AZ 2017 20 180,000 Anton WWTP Improvements Anton TX 2017 24 22,741 Thornton Justice Center Mitigation Thornton co 2017 8 621,000 Pine Ridge Lagoons Pine Ridge SD 2015 8 72,000 Wind Crest Site Phase 2A Highlands Ranch co 2015 8 648,000 Bonanza Creek 70 Ranch Pit Kersey co 2015 6 225,000 Heartland Phase 1 B Structural La Salle co 2015 10 261,000 Coal Creek GC Louisville co 2014 8 90,000 Highline North Cell Colorado Springs co 2013 8 6,000 Green Valley Ranch #12 Aurora co 2013 8 12,500 Meadow Hills GC Aurora co 2013 4 226,800 Perdue Farms Accomac VA 2013 Monday, October 1, 2018 Page 4 of 17 Material Mil Quantity Project Name City State Year of Completion 12 10,000 Johnny G. Martinez Reservoir Tempe AZ 2013 8 40,000 Pleasant Valley Pipeline Ft. Collins co 2013 16 4,500 Summit County LF Summit County co 2012 8 22,500 Whiting Oil Pit Meeker co 2012 58,500 DIA Glycol Pond 009 Cell 4 Denver co 2011 8 2,500 US Welding Lime Pond Salt Lake City UT 2011 8 13,500 Richards Residence Longmont co 2010 8 60,000 Steelberg Ranch Snowmass co 2010 8 36,000 Rocky Mountain Energy Keenesburg co 2010 8 35,000 Aspen Earthmoving Woody Creek co 2010 12 104,000 Sapphire Energy Las Cruces NM 2010 8 94,500 Masterson Pond La Pryor TX 2009 1,263,600 RMA Elf Cap Commerce City co 2009 8 18,000 Bear Dance Golf Course Larkspur co 2009 8 22,500 All Things Green Castle Rock co 2009 8 120,000 Envirotech 2008 La Salle co 2008 8 22,982 Bristol Village Apartments Aurora co 2007 8 80,000 Home Depot Aurora co 2007 8 170,000 Black Mountain Disposal DeBeque co 2005 8 980,000 Pawnee Pond Reline Brush co 2004 24 1,400,000 Franzen Reservoir Turner OR 2004 162,000 Fisher Canyon Reservoir Colorado Springs co 2004 6 921,200 Shelter Harbor Golf Course Westerly RI 2003 8 54,400 Colorado Springs Country Club Colorado Springs co 2003 8 13,500 Kline Brothers Snowmass co 2002 8 27,000 Main Street Station Phase 2 Breckenridge co 2002 8 60,904 Paint Brush Hills Waste Treatment Plant Falcon co 2002 8 144,000 Sandy Lane Lake #16 Reline St. James -Barbad 2002 8 8,190 Front Range Landfill Erie co 2002 16 93,300 Broadacre Landfill Pueblo co 2002 8 108,000 Conoco Gas Plant Bloomfield NM 2001 Monday, October 1, 2018 Page 5 of 17 Material Mil Quantity Project Name City State Year of Completion 8 36,000 Vista Ridge Golf Club Erie co 2001 16 4,500 Summit County Landfill Dillon co 2001 4 4,500 Summit County Landfill Dillon co 2001 16 8,991 Moss-American Site Milwaukee WI 2000 8 67,500 Crowe Residence Cherry Hills Village co 2000 8 9,000 Francescon Pond Sedalia co 2000 32 306,806 Lincoln Creek Flood Control Phase 2 Re Milwaukee WI 1999 8 4,500 Bradbury Well Facility Parker co 1999 16 2,000 Goose Lake Dam Boulder co 1999 8 58,500 Altus AFB Fire Training Facility Altus OK 1998 6 394,000 Reno County Landfill, Cell 1 C Hutchison KS 1998 770,000 Tesla Hydroelectric Facility Colorado Springs co 1995 Gundseal Total Square Ft 100,000 15 100,000 Shattuck Chemical Denver co 1997 HOPE Total Square Ft 14,004,931 40 476,100 Bluegrass Pond 5 Gillette WY 2017 60 184,275 Anton WWTP Improvements Anton TX 2017 40 97,875 Caliterra Effluent Pond Dripping Springs TX 2017 60 113,400 Leprino Foods Phase 2 WWTP Greeley co 2016 80 116,100 Leprino Foods Phase 2 WWTP Greeley co 2016 40 211,255 Western Gravel Meeker co 2015 60 223,560 TLC Gates Hog Broken Bow NE 2015 60 1,500,000 Chappell WWTP Chappell NE 2015 60 113,400 Sierra Vista Basin Liner Sierra Vista AZ 2015 60 298,080 Quail Ridge Dairy Fort Morgan co 2015 60 211,140 Western Gravel Meeker co 2015 60 235,000 Heartland Phase 1 B Structural La Salle co 2015 40 288,075 Southern Cross Pond 7 Baggs WY 2015 60 298,080 Southern Cross Pond 7 Baggs WY 2015 40 153,640 Select Energy Ault Pond 40 HD Ault co 2014 40 280,000 Pumpkin Buttes Pond 4 Gillette WY 2014 Monday, October 1, 2018 Page 6 of 17 Material Mil Quantity Project Name City State Year of Completion 60 385,020 TLC Wildhorse Dunning NE 2014 60 223,560 Wild Turkey Callaway NE 2014 60 86,940 TDS Landfill Cell 7 A Torrington WY 2014 80 58,050 Leprino Foods Ft. Morgan co 2014 60 63,000 Leprino Foods Ft. Morgan co 2014 60 46,800 Bayer Cropscience Wheat Goehner NE 2013 60 37,800 Tampa Terminal Tampa co 2013 60 260,820 CJ Bio America Fort Dodge IA 2013 40 508,950 Goodwin Waste Disposal Facility Whitewater co 2012 60 50,400 Goodwin Waste Disposal Facility Whitewater co 2012 40 254,475 SG Interests Somerset co 2011 80 285,000 Leprino Foods WWTP Greeley co 2011 60 252,000 SG Interests Somerset co 2011 60 285,000 Leprino Foods WWTP Greeley co 2011 60 198,720 Wamsutter LF Pond Wamsutter WY 2010 40 68,512 Dean Marshik Dairy Pierz MN 2010 60 75,600 Encana J25 Pond Parachute co 2010 60 100,800 Caviness Packing Pond Hereford TX 2010 40 115,000 Close Encounters Yates Gillette WY 2009 80 38,566 Centennial Ag Greeley co 2008 60 1,125 Rocky Mountain Secondary Commerce City co 2007 40 80,000 Lewis Palmer HS Monument co 2007 30 34,870 Thornton Water Tank Bottom Thornton co 2007 40 137,025 Second Wind Dairy Johnstown co 2006 60 3,245 Midway Landfill Fountain co 2006 60 113 Dodge City Excel Beef Repair Dodge City KS 2005 60 170,000 Black Mountain Disposal DeBeque co 2005 80 186,375 Beardstown Floating Cover Beardstown IL 2004 60 554,953 Cheyenne Sanitary Landfill Cheyenne WY 2004 60 1,370,000 Pawnee Pond Reline Brush co 2004 40 55,000 PFFJ Boar Stud Liner Navajo County AZ 2004 Monday, October 1, 2018 Page 7 of 17 Material Mil Quantity Project Name City State Year of Completion 80 251,000 Excel -Dodge City Dodge City KS 2003 40 39,420 Fountain Landfill -Cell B Phase 1 Fountain co 2002 60 92,180 Broadacre Landfill Pueblo co 2002 60 264,000 Tri-State Power -Limon Site Limon co 2001 60 66,150 Bussman Wastewater Lagoon Grey Eagle MN 2001 80 9,925 Tri-State Grimm Construction Commerce City co 2001 40 96,505 Conoco Gas Plant Bloomfield NM 2001 40 108,000 Cactus Dairy Ft. Morgan co 2000 60 39,645 Coal Creek WW Reclamation Facility Aurora co 2000 60 56,700 Zuni Station Ash Pond Lakewood co 2000 60 8,991 Moss-American Site Milwaukee WI 2000 40 263,755 Daley Farms Waste Lagoon CA 2000 40 468,000 IBP-Anaerobic Lagoons Holcomb KS 1999 60 58,750 Pacific Junction Pacific Junction IA 1999 80 12,141 Centennial Ag Supply Greeley co 1999 60 150,500 Hastings (Adams County) Landfill Phase Hastings NE 1999 60 93,926 Barrett Resources Evaporation Pond PhaParachute co 1998 60 394,000 Reno County Landfill, Cell 1 C Hutchison KS 1998 40 88,000 Reno County Landfill, Cell 1 C Hutchison KS 1998 40 89,144 Barrett Resources Evaporation Pond PhaParachute co 1998 60 94,500 Altus AFB Fire Training Facility Altus OK 1998 60 65,000 Eagle Mine Remediation Project Minturn co 1997 80 159,000 Copper Queen Events Pond Bizbee AZ 1997 80 242,000 Lost Cabin Gas Plant Lysite WY 1996 60 6,000 Midway Landfill Colorado Springs co 1991 HDPE Textured Total Square Ft 2,798,375 60 35,000 Sinclair Refining Co Sinclair WY 2009 60 1,263,600 RMA Elf Cap Commerce City co 2009 60 11,700 Ault Landfill Ault co 2008 60 38,000 6000 North Tank Golden co 2007 60 122,850 Paint Brush Hills Waste Treatment Plant Falcon co 2002 Monday, October 1, 2018 Page 8 of 17 Material Mil Quantity Project Name City State Year of Completion 60 508,245 Front Range Landfill Erie co 2002 470,000 Summit County Landfill Dillon co 2001 60 223,830 Denver Regional Landfill Erie co 2000 60 125,150 Hastings (Adams County) Landfill Phase Hastings NE 1999 HOPE Textured Double Sided Total Square Ft 7,932,648 40 141,750 Caliterra Effluent Pond Dripping Springs TX 2017 60 222,300 Caliterra Effluent Pond Dripping Springs TX 2017 60 478,400 Bluegrass Pond 5 Gillette WY 2017 60 127,765 Encana Hunter Mesa North Pond Rifle co 2014 60 280,000 Pumpkin Buttes Pond 4 Gillette WY 2014 60 406,525 East Regional LF Cell 2 Bennett co 2014 60 197,455 TDS Landfill Cell 7 A Torrington WY 2014 40 31,500 Laramie LF Laramie WY 2013 60 397,800 Laramie LF Laramie WY 2013 40 114,310 Encana High Mesa Middle Pond Parachute co 2013 60 2,152,800 Lake Texoma Wylie TX 2013 60 58,500 Encana A 15 Pit Parachute co 2012 60 830,700 Navajo NE-1 Cap Page AZ 2012 40 63,000 Encana A 15 Pit Parachute co 2012 60 75,400 Summit County LF Summit County co 2012 60 456,300 Goodwin Waste Disposal Facility Whitewater co 2012 60 198,000 Pueblo of Santa Ana Santa Ana Pueblo NM 2011 60 778,205 East Regional LF Bennett co 2011 60 538,214 Five Part Disposal Bennett co 2010 100 22,275 Duluth Underground Tank Duluth MN 2010 40 82,689 Lifetime Fitness Centennial co 2010 60 278,760 Summit County Landfill Dillon co 2010 HOPE Textured Single Sided Total Square Ft 2,170,770 60 195,040 Metro NTP Ponds Brighton co 2015 40 629,280 Pine Ridge Lagoons Pine Ridge SD 2015 40 130,640 Encana Hunter Mesa North Pond Rifle co 2014 Monday, October 1, 2018 Page 9 of 17 Material Mil Quantity Proiect Name City State Year of Completion 60 109,710 Encana High Mesa Middle Pond Parachute co 2013 60 12,600 BNSF Globeville Temp Containment Denver co 2013 60 1,093,500 Navajo NE-2 Pond Page AZ 2012 Hypalon Total Square Ft 2,012,016 45 110,219 Mayacama Floating Cover Santa Rosa CA 2017 45 216,564 Tucson Clearwell Tucson AZ 2017 45 86,733 Highline North Cell Colorado Springs co 2013 45 520,000 Victorian Desalination Project Victoria AU 2012 45 44,000 Sapphire Energy Las Cruces NM 2011 45 104,000 Sapphire Energy Las Cruces NM 2010 36 92,000 Diamond Oaks Golf Course Roseville CA 2003 45 2,500 Kline Brothers Snowmass co 2002 36 36,000 DIA Remediation/West Glycol Ponds Denver co 1999 36 800,000 Tesla Hydroelectric Facility Colorado Springs co 1995 LLDPE Total Square Ft 2,708,963 20 81,824 Vanderra Resources Canadian TX 2012 40 78,300 Lorenz Park Phase 4 Englewood co 2012 20 140,600 WT3 Pecos TX 2012 20 131,760 Vanderra Resources Canadian TX 2011 20 422,710 Vanderra Resources Canadian TX 2011 20 185,580 Vanderra Resources Canadian TX 2011 30 45,000 Bull Canal Ditch Dacono co 2010 40 100,000 David Lorenz Park Denver co 2009 30 94,500 Masterson Pond La Pryor TX 2009 60 600,000 RMA Channels Commerce City co 2009 40 110,000 Tyrone Mine Tyrone NM 2008 40 117,400 David Lorenz Littleton co 2006 60 12,600 RMA Lysimeter Pad Commerce City co 2006 40 328,689 Cheyenne Sanitary Landfill Cheyenne WY 2004 40 260,000 County Line Regional Park Littleton co 2003 LLDPE Textured Total Square Ft 1,000,000 Monday, October 1, 2018 Page 10 of 17 Material Mil Quantity Project Name City State Year of Completion 60 1,000,000 Rocky Flats Weapons Plant Arvada co 2005 LLDPE Textured Double Sided Total Square Ft 121,500 40 121,500 Sarpy County LF Papillion NE 2009 PVC Total Square Ft 12,088,903 30 32,375 Wind Crest Site Phase 2A Highlands Ranch co 2015 30 140,000 Coal Creek GC Louisville co 2014 30 24,283 VA Replacement Medical Center Facility Aurora co 2014 30 6,274 Green Valley Ranch #12 Aurora co 2013 30 80,000 McWane Retaining Walls Ft. Worth TX 2012 30 63,150 Bohnen Feedlot Burlington co 2011 30 145,000 Sun Lakes GC Sun Lakes AZ 2011 30 64,000 Sapphire Energy Las Cruces NM 2011 30 68,110 Derek Kelley Pond Byers co 2010 30 14,502 Aspen Earthmoving Woody Creek co 2010 30 28,118 Frederick High School #8 Frederick co 2010 30 60,000 Steelberg Ranch Snowmass co 2010 30 54,488 Castle Hill Pond Lewisville TX 2010 20 9,135 Rocky Mountain Metro Airport Broomfield co 2009 20 80,000 Prairie Waters Tanks Aurora co 2009 30 79,372 Moorcroft Field Moorcroft WY 2009 30 68,000 Kennedy Residence Aspen co 2008 30 243,000 River Point ACC Littleton co 2008 30 422,000 Bijao Los Santos GC Los Santos, Panam 2008 30 68,110 Cedar Springs Daniel WY 2008 30 245,000 Riverpoint Sheridan Swale Pond Littleton co 2008 30 189,000 Mira Vista Golf Course Aurora co 2008 40 93,422 Foothills Treatment Plant Denver co 2007 30 21,000 Lafayette Storm Water Pond Lafayette co 2007 30 22,982 Bristol Village Apartments Aurora co 2007 30 49,588 Conifer Water Augmentation Pond Conifer co 2007 30 80,000 Home Depot Aurora co 2007 Monday, October 1, 2018 Page 11 of 17 Material Mil Quantity ProJect Name City State Year of Completion 30 777,000 Grasmere Lake Denver co 2007 30 13,500 School of Mines Pool Golden co 2007 30 30,000 Mike Morgan Irrigation Pond Greeley co 2007 40 1,120 Aspen Earthmoving Aspen co 2007 30 56,000 Granberg Residence Greenwood Village co 2006 30 190,000 Columbine Country Club Denver co 2006 30 204,330 Antelope Hills Bennett co 2006 30 85,000 Indian Creek Ranch Loveland co 2006 20 15,434 Copperleaf Construction Centennial co 2006 20 42,000 Tercio Ranch Weston co 2006 30 103,208 Hillsboro Ditch Liner Johnstown co 2006 30 815,600 City of Cheyenne Landfill Phase II-North Cheyenne WY 2005 30 40,866 Red Rocks Golf Course Morrison co 2005 30 65,000 Louisville Community Park Louisville co 2005 30 106,891 Box Elder Water Storage Hudson co 2004 20 196,700 Ce~enn~IGoWCourae Littleton co 2004 40 13,172 Niebur Broadmoor Water Feature Colorado Springs co 2004 30 271,208 Green Valley Ranch Denver co 2004 40 195,000 Fisher Canyon ReseNoir Colorado Springs co 2004 30 680,000 Ketring Lake Littleton co 2004 30 272,030 Vistancia Village Peoria AZ 2004 30 388,227 Pradera Golf Course Parker co 2004 30 61,000 Neville's Crossing Evans co 2003 30 460,600 Shelter Harbor Golf Course Westerly RI 2003 30 54,400 Colorado Springs Country Club Colorado Springs co 2003 20 30,246 Ralston Business Park Boulder co 2003 40 8,400 Sandy Lane Lake REPAIR St. James -Barbad 2003 30 339,019 Maddox ReseNoir Rehabilitation Bailey co 2003 30 114,500 Catalina Hills Golf Club Tucson AZ 2003 20 81,732 High Plains Country Club Parker co 2003 20 24,430 Cross Creek Aurora co 2003 Monday, October 1, 2018 Page 12 of 17 Material Mil Quantity Project Name City State Year of Completion 40 231,840 Brookhaven Senior Housing E. Moriches NY 2002 40 35,505 Main Street Station Phase 2 Breckenridge co 2002 30 85,988 Seven Canyons Golf Course Sedona AZ 2002 40 23,100 Flintrock Holding Pond Modification Lakeway TX 2002 30 442,080 Stonegate Village Parker co 2002 20 264,040 Cobble Creek Golf Community Montrose co 2002 30 88,543 Sandy Lane Lake #16 Reline St. James -Barbad 2002 30 5,355 Ranch House Pool Improvements Littleton co 2001 20 467,460 Vista Ridge Golf Club Erie co 2001 30 97,856 Floyd Wernimont Loveland co 2000 30 222,187 Mann Reservoir Ken Karyl Ranch co 2000 30 205,690 Francescon Pond Sedalia co 2000 30 449,526 Homestead at Fox Hollow Lakewood co 2000 30 32,039 Crowe Residence Cherry Hills Village co 2000 20 42,170 Murphy Creek Golf Course Aurora co 1999 20 16,000 Del Rio Country Club Modesto CA 1999 30 23,090 Heritage at Eagle Bend Pond 2 Parker co 1999 30 172,900 Cesar Chavez Park Golf Course Phoenix AZ 1999 30 90,078 Harlingen Waterworks Systems Harlingen TX 1999 30 29,763 Miners Mesa Black Hawk co 1999 30 119,700 Victoria Gardens Babylon NY 1999 30 13,200 The Shores Pond Liner Replacement Denver co 1999 30 134,046 Meadow Springs Ranch Improvements Carr co 1999 30 90,000 Lincoln Creek Flood Control Phase 2 Re Milwaukee WI 1999 20 30,300 DIA Remediation/West Glycol Ponds Denver co 1999 30 73,125 Roaring Forks Golf Club Basalt co 1998 20 415,800 Dove Valley Ranch Golf Course Cave Creek AZ 1997 PVCFG Total Square Ft 107,224 30 11,459 Richards Residence Longmont co 2010 30 32,000 Wild Pointe Elizabeth co 2008 30 63,765 Crazy Horse McMurray Oasis Ranch Albuquerque NM 2003 Monday, October 1, 2018 Page 13 of 17 Material Mil Quantity Project Name City State Year of Completion PVC Textured Total Square Ft 370,000 30 270,000 Seaworld Interactive Park Orlando FL 1999 40 100,000 Shattuck Chemical Denver co 1997 RPE Total Square Ft 2,416,431 45 19,775 Thornton Justice Center Mitigation Thornton co 2017 45 9,359 Boulder Irrigation Pond Niwot co 2016 45 47,128 Town of Ault Cell 1 Ault co 2016 45 19,130 AultWWTP Ault co 2016 36 18,444 AultWWTP Ault co 2016 30 10,525 TowerLF Commerce City co 2016 45 33,000 High Prairie Farms Pond Project Parker co 2016 45 666,242 Bonanza Creek 70 Ranch Pit Kersey co 2015 36 19,575 Sappington Pit Kersey co 2014 36 191,996 Weitzel Pit Briggsdale co 2014 45 242,562 Sky Ranch Water Storage Pond Watkins co 2014 36 168,737 OEA Pit -Quincy Park Watkins co 2014 36 186,143 Circle B Pit Briggsdale co 2014 30 152,837 Granby Landfill Repair Granby co 2014 30 43,045 Wells Ranch 1st Pond Lucerne co 2013 45 117,000 CJ Bio America Fort Dodge IA 2013 45 40,000 Pleasant Valley Pipeline Ft. Collins co 2013 36 62,743 Meadow Hills GC Aurora co 2013 36 13,788 Anadarko Fort Lupton co 2012 45 9,110 BMT Acquisitions Carlsbad Tank Carlsbad NM 2012 36 14,696 Carr Residence Woody Creek co 2009 45 18,237 All Things Green Castle Rock co 2009 36 22,359 Marathon Pit 697-28C Parachute co 2008 36 290,000 Willis Family Trust La Veta co 2008 RPP Total Square Ft 5,404,416 45 782,034 Wells Ranch West Pond Gill co 2015 45 93,854 Johnny G. Martinez Reservoir Tempe AZ 2013 Monday, October 1, 2018 Page 14 of 17 Material Mil Quantity Project Name City State Year of Completion 45 47,160 TTCI lmpoundment Pueblo co 2012 60 145,800 DIA Glycol Pond 009 Cell 4 Denver co 2011 36 51,000 Big Springs Pond Big Springs NE 2010 45 29,759 Oak Creek WWTP Oak Creek co 2010 45 73,428 Brown Sheep Company Mitchell NE 2010 45 182,132 Highline Reservoir Colorado Springs co 2010 36 39,908 Bear Dance Golf Course Larkspur co 2009 45 27,000 North LaVista Tank Pueblo co 2009 60 209,000 Idalia WW Pond Idalia co 2009 45 27,620 Fairplay WW Fairplay co 2009 36 62,554 Kerzner Residence Edwards co 2008 36 1,000 Donlon Ranch Edwards co 2008 45 120,000 Envirotech 2008 La Salle co 2008 45 15,800 Platte Canyon WWTP Bailey co 2008 36 39,908 Bear Dance GC Larkspur co 2008 60 234,000 DIA Glycol Ponds Denver co 2008 45 45,000 MacMillian Residence Cherry Hills co 2008 45 30,000 Boles Augmentation Pond Eagle co 2008 45 49,000 Mount Vernon WW Golden co 2007 45 28,000 Ballyneal WW Pond Holyoke co 2007 45 24,209 Summit County LF Dillon co 2007 45 123,624 Lake Pueblo State Park Pueblo co 2007 36 21,752 Gateway Park Pond Berthoud co 2006 24 143,000 Gaillardia Tract Ponds Oklahoma City OK 2005 45 1,400,000 Franzen Reservoir Turner OR 2004 45 47,950 City of Broomfield WW Rec Facility Broomfield co 2004 45 21,429 Black Hawk Reservoir & Cover Black Hawk co 2003 36 16,695 Black Hawk Reservoir & Cover Black Hawk co 2003 36 224,000 Shelter Harbor Golf Course Westerly RI 2003 36 27,131 Pepsi Pond Denver co 2002 36 48,883 Clear Creek High School Liner Idaho Springs co 2002 Monday, October 1, 2018 Page 15 of 17 Material Mil Quantity Project Name City State Year of Completion 36 38,808 Kline Brothers Snowmass co 2002 45 145,625 Flintrock Holding Pond Modification Lakeway TX 2002 36 31,248 Waterfall Business Park Loveland co 2001 36 42,491 Sunshine of the Redlands Fruita co 2001 45 2,448 Mile High Stadium Water Feature Denver co 2001 36 22,460 Cache Ranch Carbondale co 2000 45 18,900 Goose Lake Dam Boulder co 1999 45 306,806 Lincoln Creek Flood Control Phase 2 Re Milwaukee WI 1999 45 13,000 Parker Water & Sanitation WWTP Parker co 1998 36 350,000 The Rim Club Payson AZ 1998 Stud Liner Total Square Ft 42,296 42,296 Metro NTP Studliner Brighton co 2015 UPP Total Square Ft 150,000 40 150,000 Denver City Park Golf Course Denver co 2001 XR-5 Total Square Ft 1,291,048 150,000 Encana Hunter Mesa Pond IV Cover Rifle co 2014 30 195,000 Perdue Farms Accomac VA 2013 77,500 Encana Hunter Mesa Floating Cover Rifle co 2012 40 41,104 TTCI lmpoundment Pueblo co 2012 30 25,000 Plantation WWTP Lewes DE 2011 40 136,000 Parachute Water Mgmt Facility Pond 1 CParahcute co 2011 60 112,000 Stacy Witbeck North Temple Salt Lake City UT 2011 40 22,000 US Welding Lime Pond Salt Lake City UT 2011 40 2,800 Fairground Substation Brighton co 2011 43,091 Minooka Lagoon Sylvan Grove KS 2010 2,263 Prairie Hawk Substation Castle Rock co 2009 250,000 Inter Project Tank Farm Intercession City FL 2009 300 Parker Water & Sanitation Baffle CurtaimParker co 2008 12,995 Cameco XR5 Douglas WY 2008 54,000 OVSL Leachate Cover Port Orchard WA 2008 155,600 Geotrans Latigo Pond Byers co 2007 Monday, October 1, 2018 Page 16 of 17 Material Mil Quantity Project Name City State Year of Completion 36 11,395 VA Medical Center Denver co 1998 Monday, October 1, 2018 Page 17 of 17 BIDDER'S ACKNOWLEDGEMENT OF INTENT TO PROVIDE QUALIFIED CONTRACTOR'S REPRESENTATIVE (To Accompany Proposal) MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 Bidder acknowledges review of the technical qualifications required for the Contractor's Repre- sentative provided in NIB and Section 7-6. The apparent low bidder shall submit qualifications with their Bid. Agency may request additional information after bid opening and/or with award of contract documentation. Bidder hereby acknowledges intent to submit Contractor's Representative qualifications. ,, •+;' Revised 6/12/18 Contract No. 5036 Page 30 of 112 A&M Safety and Environment, LLC presents this CER11f1CATE OF COMPLETION to Nicholas S. Lavin in recognition of satisfactory completion of a course of instruction entitled 1910.120 e-q(i) Hazardous Waste Operations and Emergency Response Annual Site Worker Refresher (includes requirements to meet the annual confined space refresher training 29 CFR 1910.146 & The UN GHS Labels/ SDS Format 1910.1200) January 2, 2018 02.01.18 7986 Jason Tapp -CMSP Instructor A&M Safety and Environment, LLC 7621 Shaffer Pkwy Unit B Littleton, co. 80127 (303)238-5335 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: □ Comprehensive General Liability □ Automobile Liability □ Workers Compensation □ Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of in- surance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. ,, •ff Revised 6/12/18 Contract No. 5036 Page 31 of 112 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) L..---" 12/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{$), AUTHORIZED 'lEPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed. If SUBROGATION IS WAIVED, subject to ,he terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement{s). PRODUCER g~l'!l,~c;• Bonita Feilmeler Silverstone Group !'.!'!~"l.t P-••• 605-444-5104 I FAX 1300 West 57th Street We Nnl: 866-427-6568 Suite 101 '1:M.~L.. bfeilmeierl!ilssoi.com Sioux Falls SD 57108 PRODUCER,nM, 17579 INSURERISI AFFORDING COVERAGE NAIC# INSURED INSURER A : NavJaators Insurance Comoanv 42307 Raven Industries, Inc. INSURER e , Zurich American Insurance Co 16535 Raven CU Construction, Inc. 205 E 6th Street INSURERC: Sioux Falls SD 57104 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 79091396 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SUBR POLICY EFF INSR TYPE OF INSURANCE IADDL ITR 1,u~ft lun,n POLICY NUMBER ,.!:3~~<;,~. LIMITS A GENERAL LIABILITY y CH18NP30BFFRMIC 2/1/2018 211/2019 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY UI\MR.Ut:: TO t<t:.N I 1::U $500,000 PREMl<>l=S 'Ea occur~ncel -D CLAIMS-MADE 0 OCCUR MEO EXP (Anv ona person) $25,000 X Ded. $250,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE -$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2,000000 7 POLICY fxl ~f.2,: fxl LOG $ B AUTOMOBILE LIABILITY y BAP0186121-00 1111/2018 711/2019 COMBINED SINGLE LIMIT $1,000,000 -(Ee accident) X ANY AUTO -BODILY INJURY (Per person) $ -ALL OWNED AUTOS BODILY INJURY (Per accidenl) $ SCHEDULED AUTOS PROPERTY DAMAGE t--$ HIRED AUTOS (Per accident) t--X NON-OWNED AUTOS $ -$ A UMBRELLA LIAB HOCCUR y CH16NP30BFFRMIC 2/1/2018 2/1/2019 EACH OCCURRENCE $5000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 >--DEDUCTIBLE $ RETENTION s $ B WORKERS COMPENSATION WC:0188120-00 11/1/2018 7/1/2019 x I T~~-~m.'f., 1 1°Jr-AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 0 N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE s1.000.000 Ufc~~"fi'~ ~;w~PERATIONS below E.L. DISEASE -POLICY LIMIT $1=n~ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Addlllonal Remarks Schedule, If more 1pace Is required) RE: Maerkle Reservoir Floating Cover Replacement. Bid No. PWS19-511 UTIL; Contract No. 5036. City of Carlsbad/CMWD is additional insured primary noncontributory basis on to the general liability as their interests may appear If required by written contract per policy terms and conditions. CERTIFICATE HOLDER I City of Carlsbad/CMWD % EXIGIS Insurance Compliance Services PO Box 4668 -ECM #35050 New York NY 10163-4668 CANCELLATION 30 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ----------·--···-----------· ----·--·· ----~----··-···· ENDORSEMENT NO. 22.P Effective 12:01 AM Std Time: February 1, 2018 INued to: Raven Industries, Inc. Polley Number: CH18NP30BFFRMIC Company: Navigators Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY FOR DESIGNATED PERSON(S) OR ORGANIZATION{Sl ENDORSEMENT It is hereby agreed that Paragraph 3. of SECTION II. WHO IS AN INSURED and Condition 21. other lneurance apply to the designated person(s) or organization(s) scheduled below. Schedule of D•lanated Pemon(fl or Orqanlgtlon{,> City of Carlsbad/CMWD Nothing in this endorsement shall serve, or be construed, to increase any of our limits of liability under this policy. The limits afforded an Addltional Insured are the lesser of the amount you are required to provide in any contract or agreement, if any such limitation exists, or the applicable limits of liability of this Policy THIS INSURANCE CONTRACT IS ISSUED BY A NONADMITTED INSURER WHICH IS NOT LICENSED BY NOR UNDER THE JURISDICTION OF THE SOUTH DAKOTA INSURANCE DIRECTOR. All other terms, conditions, and exclusions shall remain the same. Form No: NENV 10044 (07/16) Page 1 of 1 ENDORSEMENT NO.: 3-P Issued to: Raven Industries, Inc. Effective 12:01 AM Std Time: February 1, 2018 Polley Number: CH18NP30BFFRMIC Company: Navigators Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION JO SCHEDULED PARTY(IES) ENDORSEMENT It is hereby agreed the following is added to Condition 4. Cancellation of SECTION IV. CONDITIONS OF INSURANCE: In addition to providing notice of cancellation to the first named Insured, we agree to provide written notice of cancellation to the party(ies) scheduled below. Such notice to any party(ies) scheduled below will be sent not less than: 1. ten (10) days prior to the date cancellation is to be effective upon the first named insured in the case of failure to pay a premium when due; or 2. thirty (30) days prior to the date cancellation is to be effective upon the first named insured in the case of cancellation for any reason other than failure to pay a premium when due. The mailing of notice as noted shall be sufficient proof of notice to any party(ies) scheduled below. Delivery (where permitted by law) of such written notice by us shall be equivalent to mailing. Notwithstanding the foregoing, the failure to provide notice to any one or more of the party(ies) scheduled below will not operate to cancel, revoke or otherwise nullify cancellation by us that has been properly executed upon the first named insured. The effective date and hour of cancellation stated in a properly executed notice to the first named insured will become the end of the policy period for all insureds. SCHEDULE OF DESIGNATED PARTY(IES) Designated Party(ies) Address to which Notice is to be Sent City of Carlsbad/C~Wp PO Box 4668 -ECM #35050; New York NY 10163-4668 All other terms, conditions, and exclusions shall remain the same. Form No: NENV 10031 (07/16) Page 1 of 1 ENDORSEMENT NO. 22.P Effective 12:01 AM Std Time: February 1, 2018 Issued to: Raven Industries, Inc. Policy Number: CH18NP30BFFRMIC Company: Navigators Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY FOR DESIGNATED PERSON(S) OR ORGANIZATION(S) ENDORSEMENT It is hereby agreed that Paragraph 3. of SECTION II. WHO IS AN INSURED and Condition 21. Other Insurance apply to the designated person(s) or organization(s) scheduled below. Schedule of Designated Person(s) or Organlzation(s) City ofCarlsbad/CMWD Nothing in this endorsement shall serve, or be construed, to increase any of our limits of liability under this policy. The limits afforded an Additional Insured are the lesser of the amount you are required to provide in any contract or agreement, if any such limitation exists, or the applicable limits of liability of this Policy THIS INSURANCE CONTRACT IS ISSUED BY A NONADMITTED INSURER WHICH IS NOT LICENSED BY NOR UNDER THE JURISDICTION OF THE SOUTH DAKOTA INSURANCE DIRECTOR. All other terms, conditions, and exclusions shall remain the same. Form No: NENV 10044 (07/16) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 4-84) Ne have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce -)Ur right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. WC 00 0313 (Ed. 4-84) @ 1983 National Council on Compensation Insurance. BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? )( yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Ro\1f .n c LI-e~x1S1]/'\J1thm, -enc_ (name of Contractor) By,~d~ sigil,ere) A::rJ1h f}(I~ _$;:_,/,1 Md/--- . (print nameitle) Page __ of __ pages of this Re Debarment form l'\ •+;' Revised 6/12/18 Contract No. 5036 Page 32 of 112 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 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 Contrac- tors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X 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 Work ever been stayed? >< yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page __ of __ pages of this Disclosure of Discipline form {' •+i Revised 6/12/18 Contract No. 5036 Page 33 of 112 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 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: f\ et\YCJ1 c Lf C½'ns,h::u rJ1 m, 1==17 c (name of Contractor) By~~~ AntY1 &o'f-s_, bw 1 cl /--- (print name/title) Page __ of __ pages of this Disclosure of Discipline form ,, •+;' Revised 6/12/18 Contract No. 5036 Page 34 of 112 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 The undersi~ne_d declares: . VP OJ'U C::-t~I ~ K . /' I am the \'.'.Y\, CU'.\~J v1 G'l-etCl VCf1 l Ll--;}i , the party making the foregoing bid. (j CJ,:,'{}j,fyt(( ''\YI ~/"}( . The bid is not made in the interest of, or on behalf of, an/undisclosed person, partnership, com- pany, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partner- ship, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby repre- sents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of qaliforni~hat the foregoing is true and correct and that this declaration is executed on ~J,vt.Jg(../y-.::;? /, 20__/;;r_ at~ [city], ,(I) [state]. ~ ,, •+;' Revised 6/12/18 Contract No. 5036 Page 35 of 112 CONTRACT PUBLIC WORKS This agreement is made this .:9 9th day of ....:::....:J-..,,,_ ......... "'""""::;.;::.,;'""r~-------· 201fl by and between the Carlsbad Municipal Water District of the City of lsbad, California, a mu- nicipal corporation, (hereinafter called "District"), and Raven CLI Construction, Inc. whose principal place of business is 205 East 6th St. Sioux Falls, South Dakota 57104 (hereinafter called "Contractor"). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract docu- ments for: MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 (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, Noncollusion Declaration, Designation of Subcontrac- tors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contrac- tor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the District will be the interpreter of the intent of the Contract Documents, and the District's deci- sion relative to said intent will be final and binding. Failure of the Contractor to apprise subcon- tractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, District shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress pay- ments on the last working day of each month. The District shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that ,., •~ Revised 6/12/18 Contract No. 5036 Page 36 of 112 may be done by Contractor, whether anticipated or not, in order to overcome underground condi- tions. 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 war- rant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, includ- ing 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 Ill 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 inher- ent 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 materi- ally 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 require- ments 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 eligi- bility 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. Contractor shall comply with Cali- fornia Labor Code, section 1776, which generally requires keeping accurate payroll records, ver- ifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. "' •fr Revised 6/12/18 Contract No. 5036 Page 37 of 112 See section 7-15 of the Supplemental Provisions and Appendix "A" for additional information re- garding Davis Bacon minimum wage requirements. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate coun- sel. Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City of Carlsbad's policy for insur- ance as stated in City Council Policy # 70. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an "occurrence" ba- sis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the District. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. ('\ •+;' Revised 6/12/18 Contract No. 5036 Page 38 of 112 a. The District, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each com- pany affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the District, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage pro- vided to the District, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in cov- erage or limits except after ten (10) days' prior written notice has been sent to the District by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District, its officials and employees; or the contractor shall procure a bond guaran- teeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the District or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for sub- contractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy# 70. (H) Verification of Coverage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and en- dorsements 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. l' •~ Revised 6/12/18 Contract No. 5036 Page 39 of 112 (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is in- cluded in Section 3 of the General Provisions. In addition, 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 ref- erence. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the pro- visions 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 igno- rance 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 pur- suant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. ·i I have read and understand all provisions of Section 11 above. ~-init ~'init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the District, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's prin- cipal place of business as specified above, Contractor shall so inform the District by certified letter l'\ •+' Revised 6/12/18 Contract No. 5036 Page 40 of 112 accompanying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substi- tuted for any monies withheld by the District to secure performance of this contract for any obli- gation 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 Con- tract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or sub- contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursu- ant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill {'\ •ti' Revised 6/12/18 Contract No. 5036 Page 41 of 112 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Suppk:mental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: + S12c-{ t -\ct, · name and title) j CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporation of the State of Califor- nia ;/J_ :~ President ~~~,-211JllnU JARBARA ENGLEcfN retary President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER General Counsel By ~L ,A,/ Deputy Gral Counsel~ s~~h t.A '.:>vu_.~ w-::c\0-- ~0, ~ c,~ µ_~\'\_(\.(._~ Su.:.u:"-~ c,__.~ <;1...L\osc:.r,\.e~ ~:.>\ore.__ ""-L~::, '_s,C. c~of -YulU.A-0-,j, c).<H9 {'\ •,; Revised 6/12/18 Contract No, 5036 Page 42 of 112 STATE OF COUNTY OF On '\u.YU..,LQ,j £ d0 le\ PERSONALLY APPEARED before me personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my han~al. Signature / · MLu"dk= / My Commission Expires: 7 -,J d--t9 OPTIONAL r~~~ciil , ~ SOUTH DAKOTA : My Commission Expires '1---J .} -1"1 . ---+ This area/or Official Notarial Seal 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 □ INDIVIDUAL ~ CORPORATE OFFICER TITLE(S) □ PARTNER(S) □ ATTORNEY-IN-FACT □ TRUSTEE(S) 0 LIMITED □ GENERAL □ GUARDIAN/CONSERVATOR □ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ALL PURPOSE ACKNOWLEDGEMENT Bond No. 2541062 LABOR AND MATERIALS BOND WHEREAS, Board of Directors of the Carlsbad Municipal Water District located in the State of California, has awarded to Raven cu Construction, Inc., 205 East 6th Street, Sioux Falls, SD 57104 (hereinafter designated as the "Principal"), a Contract for: MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water District and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, _R_av_e_n_C_LI_C_on_s_tr_uc_tio_n_, _ln_c. ________________ _ as Principal, (hereinafter designated as the "Contractor"), and Great American Insurance Company ________________ as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of Seven Million Four Hundred Twenty Nine Thousand Four Hundred and NO/100 _________________________ Dollars ($ 7,429,400.00 ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontrac- tors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Develop- ment Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attor- ney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. l' •ii' Revised 6/12/18 Contract No. 5036 Page 43 of 112 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ~ day of _~§.,..,.e_AIY'.\~0~6'.~nt-----• 20 {'\ . CONTRACTOR: Raven CLI Construction Inc. (name of Contractor) Bya~~A/4 (si here) ~ fu(pd t ' s Q_\, m:.~ t ( nt name here) f re_ s~ci e ,0-\-- rganization of signatory) (print nam ere) V l \'._ e_ Pre.c::.~~~,J ~ SQQ_(e \-a.~~ (title and organization of signatory) Executed by SURETY this of <vcll-m'oe< SURETY: Great American Insurance Company i~ day ,20~ . (name of Surety) 301 East Fourth Street. Cinncinati, OH 45202 (address of Surety) /513) 369-5000 (telephone number of Surety) By:~•~ /J?~(i}I;/ (signature of Attorney-in-Fact) Kristen L. McCormick, Attorney-in-Fact, CA License #0E46980 (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be at- tached.) (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 assis- tant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER General Counsel By: Deputy G£6& ('\ •+f Revised 6/12/18 IMA, Inc. CA License #0H64724 Contract No. 5036 Page 44 of 112 STATE OF Colorado _...;.__;_ ___________________ _ } ss COUNTY OF Denver ----------------------- On _D_e_c_e_m_b_er_2_7_,_2_0_1s ____ before me Lindsey Minutillo PERSONALLY APPEARED Kristen L. McCormick ---------------------------------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature My Commission OPTIONAL LINDSEY MINUTILLO NOTARY PUBLIC · STATE OF COLORADO Notary ID #20174017004 My Commission Expiles 4/19/2021 This area for Oificwl t-:oraria/ Seal 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 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) 0 PARTNER(S) IX] ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 LIMITED 0 GENERAL 0 GUARDIAN/CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Great American Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ALL PURPOSE ACKNOWLEDGEMENT STATE OF COUNTY OF _,1....µ_,_,_-,-'-f'\.'-'-f\.:....:;;;e_'"'"~\_.,._,,Q..,_Y\~c'--=-----------} SS On 1 O N hC• 1 'J K , dl) \ 9, PERSONALLY APPEARED before me personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 0 Signature :x.{Cc,, '1~""- L..----"" My Commission Expires: 1 d:i -/ cl OPTIONAL ----+ : , LORI A. PLUCKER --1 ,:~NOTARYPUBLIC~ , :~ SOUTH DAKOTA~ ' , My Oomm1111on Explre1 1 · c:);;> 41 + ......................... ., .... _. .......... + This area for Official Notarial Seal 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 0 INDIVIDUAL ~ CORPORATE OFFICER TITLE(S) □ PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) □ LIMITED 0 GENERAL 0 GUARDIAN/CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ALL PURPOSE ACKNOWLEDGEMENT GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TEN No.O 14754 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. SARAH FINN ROBERT J. REITER JESSICA JEAN RINI ROBERT L. COHEN KRISTEN L. McCORMICK SHERYLL SHAW Name JENNIFER L. CLAMPERT NICOLE L. McCOLLAM MICHAEL LISCHER, JR. BRANDI J. TETLEY Address ALL DENVER, COLORADO Limit of Power ALL $100,000,000.00 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 18TH day of MAY , 2018 Attest GREAT AMERICAN INSURANCE COMPANY 4'c C. ]>__ ~'-~ i.:ttl:,, Assistant Secretary /)1v,sional Semor Vice President STATE OF OHIO, COUNTY OF HAMILTON. ss: DAVID c. KITCHIN (877-377-2405) On this 18TH day of MAY , 2018 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by I ike authority. e This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from lime lo lime, lo appoint one or more Allomeys-in-Fac/ lo execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other writ/en obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and lo revoke any such appointment al any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be a.ffixed by facsimile lo any power of al/orney or certificate of either given/or the execution of any bond, undertaking, contract of suretyship, or other wrillen obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually a.ffixed CERTIFICATION I, STEPHEN C. BERA HA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of , zoti ,4;cc.~--_ Assistant Secretary S1029AF (06/15) Bond No. 2541062 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, Board of Directors of the Carlsbad Municipal Water District located in the State of California, has awarded to Raven CLI Construction, Inc., 205 East 6th Street, Sioux Falls, SD 57104 (hereinafter designated as the "Principal"), a Contract for: MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water District, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, ~R~av~e_n~C_Ll~C~on~s~tr=uc=tio~n~ln~c-________________ _ as Principal, (hereinafter designated as the "Contractor"), and Great American Insurance company _______________ as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of Seven Million Four Hundred Twenty Nine Thousand Four Hundred and NO/100 ________________________ Dollars ($ 7,429,400.00 ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Carlsbad Municipal Water District, its offic- ers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. l' •fi' Revised 6/12/18 Contract No. 5036 Page 45 of 112 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this L\~ day of __ j.........,.f.,.. ...... 1-.J\;~V~½~{U--"-+-__ , 2ol1_. \ CONTRACTOR: (si here) ~ \&,_;, ~'t, c;:~~ ll's,;~ ~ r" t name here) ~vJ- rganization of signatory) V •Q f t..s'1~-€/\,* ~ sQ~H.J-o.r (title and organization of signatory) Executed by SURETY this _i~~-~--day of _1x---=-~C:6~Y'4\_W~--· 20$_. SURETY: Great American Insurance Company (name of Surety) 301 East Fourth Street, Cinncinati, OH 45202 (address of Surety) /513) 369-5000 (telephone number of Surety) By~5a;)//?Jc~ (signature of Attorney-in-Fact) Kristen L McCormick Attorney-in-Fact CA License #0E46980 (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be at- tached.) (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 assis- tant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER General Counsel By Q___g__ ~ Deputy General Counsel IMA, Inc. CA License #0H64724 ,., •+' Revised 6/12/18 Contract No. 5036 Page 46 of 112 ST ATE OF Colorado COUNTY OF _D_e_n-ve_r ____________________ } SS ---------------- On _D_e_c_em_be_r_2_7_, _2_01_s ____ before me Lindsey Minutillo PERSONALLY APPEARED Kristen L. McCormick ---------------------------------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature My Commission Expires: April 19, 2021 OPTIONAL LINDSEY MINUTILLO NOTARY PUBLIC · STATE OF COLORADO Notary ID #20174017004 My Commission Expires 4/1912021 This area for Official Notarial Seal 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 DESCRIPTION OF ATTACHED DOCUMENT □ INDIVIDUAL □ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) □ PARTNER(S) □ LIMITED □ GENERAL IX] ATTORNEY-IN-FACT NUMBER OF PAGES □ TRUSTEE(S) □ GUARDIAN/CONSERVATOR □ OTHER DATE OF DOCUMENT SIGNER 15 REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Great American Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE ALL PURPOSE ACKNOWLEDGEMENT STATE OF S ~~\t___ bi~ck } COUNTY OF h\_ l \\:<\~ ""'-,~he'\. ss > On 1-(,l 'l\_\,LQ /j J, ~l)lq before me Lo;\ I:\ . ~\ \A,c..,Ker > PERSONALLY APPEARED ~ \~I~ -~ SQ,l('(\_\ ~ ~ (]. V\_d. Lee. J~. )J\O..~ I\.U...SQ~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of -f;'CoG1C.C1G~Col&,1~,GD¥,C ... ,clal~Dl=,Cr,C C,I + which the person(s) acted, executed the instrument. ·~RIA PLUCKER v •, ' .,. £At NOTARY PUBLIC@ WITNESS my hand and official seal. , SOUTH DAKOTA Yi2!tl¾eL , ' My Com!J1!11lo~ ~plrea f-J.r"~ -EJ --. : -.+ Signature I \ =-= My Commission Expires: t · ,J.). -/ cl This area for Official Notarial Seal 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 DESCRIPTION OF ATTACHED DOCUMENT □ INDIVIDUAL □ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) □ PARTNER(S) □ LIMITED □ GENERAL □ ATTORNEY-IN-FACT NUMBER OF PAGES □ TRUSTEE(S) □ GUARDIAN/CONSERVATOR □ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ALL PURPOSE ACKNOWLEDGEMENT GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TEN No. 0 14754 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. SARAH FINN ROBERT J. REITER JESSICA JEAN RINI ROBERT L. COHEN KRISTEN L. McCORMICK SHERYLL SHAW Name JENNIFER L. CLAMPERT NICOLE L. McCOLLAM MICHAEL LISCHER, JR. BRANDI J. TETLEY Address ALL DENVER, COLORADO Limit of Power ALL $100,000,000.00 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 18TH day of MAY , 2018 Attest GREAT AMERICAN INSURANCE COMPANY ~C C. 5____ ~if /1,-IJ;., Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON _ ss: DAVID c. KITCHIN (877-377-2405) On this 18TH day of MAY , 2018 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other wrillen obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company mtzy be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking. contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, lo be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this -~ day of , 2,()\'6 ~C C. 5 _____ Assistant Secretary S 1 029AF (06/15) OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water District, whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called "District" and , whose address is hereinafter -----------------------ca II e d "Contractor" and whose ----------------------address is , hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Con- tractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the District pursuant to the Construction Contract entered into between the City and Contractor for MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT CONTRACT NO. 5036 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 market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner. 2. The District shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the District makes payment of retentions earned directly to the Escrow Agent, the Es- crow 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 Es- crow 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. "' •fr Revised 6/12/18 Contract No. 5036 Page 47 of 112 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from District to the Escrow Agent that the District consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The District shall have a right to draw upon the securities in the event of default by the Con- tractor. Upon seven days' written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the City certifying that the Contract is final and com- plete 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: For Contractor: For Escrow Agent: Title FINANCE DIRECTOR ------'-~~~~~~~""-'----- Name ---------------- Signature ______________ _ Address 1635 Faraday Avenue. Carlsbad, CA 92008 Title ----------------- Name ---------------- Signature ______________ _ Address ---------------- Title ----------------- Name _______________ _ Signature ______________ _ Address ---------------- At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. l' •+;' Revised 6/12/18 Contract No. 5036 Page 48 of 112 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: l' •;; Revised 6/12/18 Title PRESIDENT ------~~~~~------ Name _______________ _ Signature ______________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Title ----------------- Name _______________ _ Signature ______________ _ Address ---------------- Title ----------------- Name ----------------- Signature ______________ _ Address ---------------- Contract No. 5036 Page 49 of 112 GENERAL PROVISIONS l'\ •+;' Revised 6/15/17 Contract No. 5036 Page 50 of 112 GENERAL PROVISIONS FOR MAERKLE RESERVOIR FLOATING COVER REPLACEMENT CONTRACT NO. 5036 CARLSBAD MUNICIPAL WATER DISTRICT BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, in- structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sched- uled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be un- derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "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 "ap- proved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its ex- pense, shall perform all operations, labor, tools and equipment, and further, including the furnish- ing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. ,, • ., Revised 6/15/17 Contract No. 5036 Page 51 of 112 Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bul- letins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -the Carlsbad Municipal Water District. CMWD and the "City" are used interchangeably throughout the Contract. Agreement -See Contract. Assessment Act Contract -A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, the Board of Di- rectors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. Cash Contract -A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract -The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documen- tation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Stand- ard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor-The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued {'\ • .., Revised 6/15/17 Contract No. 5036 Page 52 of 112 by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contrac- tor" shall mean Contractor. Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier -Street light assembly complete, including foundation, standard, luminaire arm, lumi- naire, etc. Engineer -the City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire -The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm -The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - a single contract item constituting less than 1 O percent (10%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. l' • ., Revised 6/15/17 Contract No. 5036 Page 53 of 112 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. Fur- ther, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector -the Engineer's designated representative for inspection, contract administra- tion and first level for informal dispute resolution. Proposal -See Bid. Reference Specifications -Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway -The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer -Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Refer- ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". ,., • ., Revised 6/15/17 Contract No. 5036 Page 54 of 112 State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street -Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor -An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, sub- base, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety-Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne -Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private ease- ment. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. l'\ •+; Revised 6/15/17 Contract No. 5036 Page 55 of 112 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon dB .................................................................. Decibels ABAND ...................................................... Abandoned DBL ................................................................... Double ABS ........................ Acrylonitrile -butadiene -styrene OF ............................................................... Douglas fir AC ..................................................... Asphalt Concrete DIA ................................................................. Diameter ACP .......................................... Asbestos cement pipe DIP ..................................................... Ductile iron pipe ACWS ..................... Asphalt concrete wearing surface DL ................................................................ Dead load ALT ................................................................ Alternate DR. ..................................................... Dimension Ratio APTS ................................ Apartment and Apartments OT ................................................................. Drain Tile AMER STD ................................... American Standard DWG ............................................................... Drawing AWG ............... American Wire Gage (nonferrous wire) DWY ............................................................. Driveway BC .................................................. Beginning of curve DWY APPR ................................... Driveway approach BCR ....................................... Beginning of curb return E ...................................................................... Electric BORY ............................................................ Boundary EA ........................................................................ Each BF ..................................................... Bottom of footing EC ............................................................ End of curve BLDG ........................................ Building and Buildings ECR ................................................ End of curb return BM ............................................................ Bench mark EF ................................................................ Each face BVC ................................... Beginning of vertical curve EG .......................................................... Edge of gutter B/W ........................................................... Back of wall EGL. ................................................. Energy grade line CIC ..................................................... Center to center El .................................................................. Elevation CAB ...................................... Crushed aggregate base ELC ..................................... Electrolier lighting conduit CAUOSHA ............ California Occupational Safety and EL T ........................................................ Extra long ton Health Administration ENGR ....................................... Engineer, Engineering CalTrans ....... California Department of Transportation EP ................................................... Edge of pavement CAP ................................... Corrugated aluminum pipe ESMT ........................................................... Easement CB ............................................................. Catch Basin ETB .......................................... Emulsion-treated base Cb ........................................................................ Curb EVC .............................................. End of vertical curb CBP ............................... Catch Basin Connection Pipe EWA ............................... Encina Wastewater Authority CBR ....................................... California Bearing Ratio EXC ............................................................ Excavation CCR ............................. California Code of Regulations EXP JT ................................................. Expansion joint CCTV ............................................... Closed Circuit TV EXST ............................................................... Existing CES ......................... Carlsbad Engineering Standards F .................................................................. Fahrenheit CF ................................................................. Curb face F&C ................................................... Frame and cover CF ................................................................ Cubic foot F&I .................................................. Furnish and install C&G .................................................... Curb and gutter FAB ............................................................... Fabricate CFR ................................ Code of Federal Regulations FAS ............................................... Flashing arrow sign CFS .......................................... Cubic Feet per Second FD ............................................................... Floor drain CIP ......................................................... Cast iron pipe FON ........................................................... Foundation CIPP ............................................... Cast-in place pipe FED SPEC .................................. Federal Specification CL ............................................. Clearance, center line FG ........................................................ Finished grade CLF ..................................................... Chain link fence FH ............................................................. Fire hydrant CMB ............................... Crushed miscellaneous base FL. .................................................................. Flow line CMC ......................................... Cement mortar-coated FS ...................................................... Finished surface CML ............................................ Cement mortar-lined FT-LB ......................................................... Foot-pound CMWD .................... Carlsbad Municipal Water District FTG .................................................................. Footing CO ................................................... Cleanout (Sewer) FW ............................................................ Face of wall COL ................................................................. Column G ........................................................................... Gas COMM ...................................................... Commercial GA. .................................................................... Gauge CONC ............................................................ Concrete GAL. ............................................... Gallon and Gallons CONN ........................................................ Connection GALV ......................................................... Galvanized CONST ................................... Construct, Construction GAR ........................................... Garage and Garages COORD ...................................................... Coordinate GIP .............................................. Galvanized iron pipe CSP ........................................... Corrugated steel pipe GL ......................................... Ground line or grade line CSD ............................... Carlsbad Standard Drawings GM .............................................................. Gas meter CTB ............................................. Cement treated base GNV ............................................... Ground Not Visible CV ............................................................. Check valve GP .................................................................. Guy pole CY ............................................................... Cubic yard GPM ................................................ gallons per minute D .............................................................. Load of pipe GR ..................................................................... Grade {'\ •+i' Revised 6/15/17 Contract No. 5036 Page 56 of 112 GRTG .............................................................. Grating PCVC ....................... Point of compound vertical curve GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib PE ............................................................ Polyethylene Pl .................................................. Point of intersection PL ............................................................ Property line HC ................................................... House connection HOWL ........................................................... Headwall HGL ............................................. Hydraulic grade line HORIZ .......................................................... Horizontal HP ............................................................. Horsepower HPG ................................................ High pressure gas HPS ............................... High pressure sodium (Light) HYDR ............................................................ Hydraulic IE ........................................................ Invert Elevation PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT ................................................... Point on tangent pp ........................................................ : ..... Power pole PRC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC ................................................. Polyvinyl chloride PVMT ........................................................... Pavement ID ......................................................... Inside diameter INCL. .............................................................. Including INSP ............................................................ Inspection INV ...................................................................... l~ert PVT R/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius IP ................................................................... Iron pipe R&O ......................................................... Rock and oil JC .................................................... Junction chamber JCT ................................................................. Junction JS ..................................................... Junction structure JT .......................................................................... Joint L ........................................................................ Length LAB ............................................................. Laboratory R/W .......................................................... Right-of-way RA ....................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ............................... Reclaimed asphalt pavement RBAC .............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete LAT ................................................................... Lateral RCB ...................................... Reinforced concrete box IB ...................................................................... ~~ LO ..................................................... Local depression ~ ................................................................ LiMarfo~ RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve LH ............................................................... Lamp hole REF .............................................................. Reference LL ................................................................... Live load REINF .............................. Reinforced or reinforcement LOL ............................................................. Layout line RES .............................................................. Reservoir LONG ........................................................ Longitudinal LP ............................................................... Lamp post LPS ................................. Low pressure sodium (Light) RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ................................................................... Railroad ~ ............................................................... ~mpwm L TS .................................................... Lime treated soil LWD ............................... Leucadia Wastewater District MAI NT ...................................................... Maintenance MAX .............................................................. Maximum RSE ............................. Registered structural engineer RTE .................................... Registered traffic engineer S ................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD .............................................................. Storm drain MGR ............................................ Middle of curb return MEAS ............................................................. Measure MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD .................................................. Modified, modify SDNR .............................. San Diego Northern Railway SOR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings SE ...................................................... Sand Equivalent SEC ................................................................. Section MON ........................................................... Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) SF .............................................................. Square foot SFM ................................................ Sewer Force Main MTBM ......................... Microtunneling Boring Machine MUL T ............................................................... Multiple MUTCD ..... Manual on Uniform Traffic Control Devices SI ...................... International System of Units (Metric) SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for MVL ............................................... Mercury vapor light Public Works Construction NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe SSPWC ............................. Standard Specifications for Public Works Construction OBS ............................................................... Obsolete OC ............................................................... On center OD .................................................... Outside diameter ST HWY ................................................. State highway ST A ................................................................... Station STD ................................................................ Standard OE .............................................................. Outer edge OHE ................................................. Overhead Electric OPP ............................................................... Opposite STR .................................................................. Straight STR GR ................................................. Straight grade STRUC ......................................... Structural/Structure ORIG ................................................................ Original SW ................................................................. Sidewalk PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature SWD ..................................................... Sidewalk drain ~ ............................................................. ~~re~~ T .................................................................. Telephone TAN ................................................................. Tangent ,, • ., Revised 6/15/17 Contract No. 5036 Page 57 of 112 TC .............................................................. Top of curb VB ................................................................ Valve box TEL ............................................................. Telephone VC .......................................................... Vertical curve TF .......................................................... Top of footing VCP .................................................. Vitrified clay pipe TOPO ........................................................ Topography VERT ............................................................... Vertical TR ........................................................................ Tract VOL. ................................................................. Volume TRANS ......................................................... Transition VWD ...................................... Vallecitos Water District TS ......................... Traffic signal or transition structure W ....................... Water, Wider or Width, as applicable TSC ............................................. Traffic signal conduit WATCH .............. Work Area Traffic Control Handbook TSS ........................................... Traffic signal standard WI ............................................................ Wrought iron TW .............................................................. Top of wall WM .......................................................... Water meter TYP ................................................................... Typical WP J ........................................... Weakened plane joint UE .............................................. Underground Electric XCONN ............................................ Cross connection USA ................................... Underground Service Alert XSEC ..................................................... Cross section VAR .................................................... Varies, Variable 1-3.3 Institutions. Abbreviation Word or Words MSHTO ................. American Association of State Highway and Transportation Officials AISC .................................................................... American Institute of Steel Construction ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................. American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA ................................................................ American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA ...................................................................... American Water Works Association FHWA ............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA. ........................................................ National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ..................................................................................... Underwriters' Laboratories Inc. USGS ............................................................................. United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Stand- ard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. ,, •;;' Revised 6/15/17 Contract No. 5036 Page 58 of 112 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) .................................................................................... 25.4 micrometer (µm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (cm) 1 foot (ft) ............................................................................................... 0.3048 meter (m) 1 yard (yd) ............................................................................................ 0.9144 meter (m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot (ft2) .................................................................................. 0.0929 square meter (m2) 1 square yard (yd2) ............................................................................... 0.8361 square meter (m2) 1 cubic foot (ft3) .................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m3) 1 acre .................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3. 7854 Liter (L) 1 fluid ounce (fl. oz.) ............................................................................. 29.5735 millileter (ml) 1 pound mass (lb) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................ 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................ 0.9072 Tonne (= 907 kg) 1 Poise .................................................................................................. 0.1 pascal second (Pa s) 1 centistoke (cs) ................................................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf) ................................................................................ 4.4482 Newton (N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) ................................................................ 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ...................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) .............................................. 1.3558 Watt (W) 1 part per million (ppm) ........................................................................ 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ....................................................................... Degree Celsius (°C): °F = (1.8 x °C) + 32 .............................................................................. °C = {°F -32)/1.8 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen {Im) 1 second (s) SI Units (abbreviation) Commonly Used in Both Systems Common Metric Prefixes kilo (k) ................................................................................................... 103 centi (c) ................................................................................................. 10-2 mi Iii (m) ................................................................................................. 1 o-3 micro (µ) ............................................................................................... 1 o-6 nano (n) ................................................................................................ 1 o-9 pico (p) .................................................................................................. 10-12 1-5 SYMBOLS ~ L % ' I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line ,, •+;' Revised 6/15/17 Contract No. 5036 Page 59 of 112 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether as- signed or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Con- tractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. {'\ •ti Revised 6/15/17 Contract No. 5036 Page 60 of 112 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceed- ings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the Board shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcon- tracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con- tractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Con- tract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Proce- dure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. {'\ • .., Revised 6/15/17 Contract No. 5036 Page61 of112 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifica- tions, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, Project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter desig- nated "SSPWC", as amended. The construction plans consist of one set designated as City of Carlsbad Drawing No. 510-7 and consists of 4 7 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, as issued by the San Diego County Department of Pub- lic Works, hereinafter designated SDRSD, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carls- bad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respec- tively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract {'\ • ., Revised 6/15/17 Contract No. 5036 Page 62 of 112 Documents are intended to be complementary and cooperative. Anything specified in the Speci- fications and not shown on the Plans, or shown on the Plans and not specified in the Specifica- tions, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, im- mediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Project Technical Specifications 4) Contract addenda, whichever occurs last. 5) Contract 6) Project Plans 7) General Provisions. 8) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 9) Standard Specifications for Public Works Construction, as amended. 10) Reference Specifications. 11) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items above, except permits from other agencies. Detailed plans and plan views shall have precedence over general plans. {'\ •+; Revised 6/15/17 Contract No. 5036 Page 63 of 112 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2- 5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Technical Specification Section 10300 provides project specific submittal requirements. Appendix C contains a listing of the minimum submittals required to be sub- mitted by Contractor. Addition submittals not listed in Appendix C may be required as noted in Specification Sections. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless other- wise specified in the Special Provisions. Each submittal shall be accompanied by a letter of trans- mittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and sub- mittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By:---------------Title: ____________ _ Date: -------------- Company Name: ___________________________ _ ,, •+;' Revised 6/15/17 Contract No. 5036 Page 64 of 112 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required for trench shoring, where applicable, and shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assem- bled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4Supporting Information. Supporting information is information required by the Specifica- tions for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the sys- tem. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1 . 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 9) See Technical Specifications Section 01300 for additional requirements. 2-5.4 Record Drawings. See Technical Specifications Section 01720 for additional require- ments regarding record drawings. The Contractor shall provide and keep up-to-date a complete "as-built", full-size record set of blue-line prints, which shall be corrected in red daily in a legible and professional manner 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. Items required to be shown shall be dimensioned by the Contractor from two permanent points of reference (buildings, monuments, sidewalks, curbs, pave- ment). The accuracy of location of all items to be shown on the drawings shall be 150 mm (6") in both the vertical and horizontal planes. Asset schedules to be provided by the Agency at the Pre-Construction Meeting shall also be marked- up in this effort to match conditions as installed, including actual turns to close completed in the presence of the inspector. This set of drawings shall be kept on the job and shall be used only as a record set are to be made available to the Engineer/Agency at each Project Meeting, shall be reviewed monthly by {'\ • ., Revised 6/15/17 Contract No. 5036 Page 65 of 112 the Engineer as a condition of payment and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all ma- terials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be pro- vided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. See Technical Specifications Section 01050 for Survey requirements spe- cific to this contract. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Con- tractor 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 Sur- veyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by§§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, herein- after 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. 2-9.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the require- ments of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the ,, •+;' Revised 6/15/17 Contract No. 5036 Page 66 of 112 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, ~rade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8 // by 11 ") paper. The field notes, calculations and support- ing data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or docu- mentation for any computer program. The field notes shall be prepared in conformance with the CAL TRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 -8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under§§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monu- ments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.3 Payment for Survey. Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compen- sation for attendant survey work and no additional payment will be made. Payment for the re- placement of disturbed monuments and the filing of records of survey and/or corner records, in- cluding filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the qual- ity and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the fin- ished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all mat- ters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instruc- tions from the Engineer or an authorized representative. l'\ •~ Revised 6/15/17 Contract No. 5036 Page 67 of 112 The decision of the Engineer is final and binding on all questions relating to: quantities; accepta- bility of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engi- neer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Con- tractor's staff and the staff of all subcontractors to this contract. At any time during normal busi- ness 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 relat- ing 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. Con- tractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Con- tractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized rep- resentatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. ,, •+r' Revised 6/15/17 Contract No. 5036 Page 68 of 112 SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the inter- ests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as grant- ing a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Con- tractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are in- volved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in con- formance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work cov- ered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 125 per- cent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. l'\ •+;' Revised 6/15/17 Contract No. 5036 Page 69 of 112 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifica- tions, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Con- tract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contrac- tor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise spec- ified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notifi- cation in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. ,, •,; Revised 6/15/17 Contract No. 5036 Page 70 of 112 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers com- pensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equip- ment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Sec- tion 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" pub- lished by CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of- way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all inci- dentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Con- tractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating rec- ommended by the manufacturer. {". •+;' Revised 6/15/17 Contract No. 5036 Page 71 of 112 The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Con- tractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor .................................... 20 2) Materials ............................... 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures ... 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Sub- . contractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcon- tracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting doc- uments to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. ,., •,; Revised 6/15/17 Contract No. 5036 Page 72 of 112 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the hap- pening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the District with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. {'\ •+; Revised 6/15/17 Contract No. 5036 Page 73 of 112 "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 under- stands and agrees that this potential claim, unless resolved, must be restated as a claim in re- sponse to the City's proposed final estimate in order for it to be further considered." By: ____________ _ Title: _____________ _ Date: --------------- Company Name: ___________________________ _ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. General Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the District will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or re- quest that the Contractor meet and present its report. When additional information or a meeting is requested the District will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the General Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a reso- lution to a claim to the General Manager. Actual approval of the claim is subject to the change order provisions in the contract. ("\ •ti' Revised 6/15/17 Contract No. 5036 Page 74 of 112 All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Sec- tion 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (8) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor'' means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State Univer- sity, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, polit- ical subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that de- partment. (iv) The Department of Corrections and Rehabilitation with respect to any project under its juris- diction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor'' means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and ,, •+;' Revised 6/15/17 Contract No. 5036 Page 75 of 112 what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the gov- erning body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dis- pute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for set- tlement of the dispute. (B) Within 1 0 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. l'\ •+;' Revised 6/15/17 Contract No. 5036 Page 76 of 112 (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the con- tractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be pre- sented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its con- tractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (8) 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 {'\ • ., Revised 6/15/17 Contract No. 5036 Page 77 of 112 local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifica- tions for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For 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 ( com- mencing 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 sub- ject to this article: {'\ •;;' Revised 6/15/17 Contract No. 5036 Page 78 of 112 (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time re- quirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Proce- dure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap- pointed 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 differ- ent division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undis- puted except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. ,, •ti' Revised 6/15/17 Contract No. 5036 Page 79 of 112 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, ,, •+; Revised 6/15/17 Contract No. 5036 Page 80 of 112 Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the require- ments indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after im- proper 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. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. {'\ •;;' Revised 6/15/17 Contract No. 5036 Page 81 of 112 Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1. 7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at ,, •f' Revised 6/15/17 Contract No. 5036 Page 82 of 112 intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution. In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process obser- vations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, proce- dures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the coop- erative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the im- plementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolu- tion. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engi- neers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. ,, •+' Revised 6/15/17 Contract No. 5036 Page 83 of 112 Should the investigation substantiate a contradiction without assignable cause, the inves- tigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertain- ing to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site between 9:00am and 2:00pm on working days, as defined in Section 6-7.2, and shall be accom- panied 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 pro- vide 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. ,, • ., Revised 6/15/17 Contract No. 5036 Page 84 of 112 SECTION 5-UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall ,, •+;' Revised 6/15/17 Contract No. 5036 Page 85 of 112 notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer {'\ •+' Revised 6/15/17 Contract No. 5036 Page 86 of 112 in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. l' •fi' Revised 6/15/17 Contract No. 5036 Page 87 of 112 SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within seven (7) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's man- agement personnel, including the Contractor's Representative and key subcontractors, responsi- ble for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard {paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.1.2 Three-Week Look Ahead Schedule Submittal. At least 14 calendar days prior to mobi- lizing, the Contractor shall submit a detailed 3-week Look Ahead Schedule, which shall be up- dated and submitted weekly and will be reviewed at each weekly progress meeting, until Project completion. 3-Week Look Ahead Schedules shall be prepared in the same software as the base- line. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities re- quired to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and se- quencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. ,, •+; Revised 6/15/17 Contract No. 5036 Page 88 of 112 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 7 compatible "Microsoft Project" program to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency source files and PDF files electronically with all network information contained thereon, in a format readable by a Mi- crosoft Windows 7 operating system. The Agency will use "Microsoft Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than "Microsoft Project" the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on- site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 50 and 200 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2. 7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Con- struction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contrac- tor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions l' •+; Revised 6/15/17 Contract No. 5036 Page 89 of 112 of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened du- ration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.1 0 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contrac- tor complies with the requirements of these supplemental provisions shall be a condition prece- dent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engi- neer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental pro- visions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construc- tion Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the cor- rections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The 3-week lookahead shall be updated weekly. The most recent version of the baseline and the 3-week lookahead shall be provided at each Project Meeting. The monthly update will be submit- ted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. Acceptable updates to the Baseline Construc- tion shall be a condition of payment. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed dur- ing the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. l'\ •ti' Revised 6/15/17 Contract No. 5036 Page 90 of 112 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Con- tractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM or USB stick, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule and the 3-Week Look Ahead. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Sec- tion 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. ,, • ., Revised 6/15/17 Contract No. 5036 Page 91 of 112 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substan- tially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Sched- ule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revi- sions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes (removal and disposal of existing reservoir geomembrane floating cover and chafer; replacement of three existing outlet valves, actuators, control lines, hydraulic power units, and valve control cabinet; installation of replacement reservoir geomembrane floating cover, chafer, and all associated appurtenances; new rainwater removal buried pipe laterals; site electrical improvements; reservoir monitoring sensors; and miscellaneous support items. ,, •~ Revised 6/15/17 Contract No. 5036 Page 92 of 112 Installation of replacement outlet valves, actuators, and hydraulic control lines shall be completed prior to completing geomembrane floating cover and chafer Work in the immediate area. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. The Contractor shall provide the most recent construction schedule and 3-week look ahead update at each Project Meeting. The Contractor shall make the red-line record drawings available for the Engineer's review at each Project Meeting. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of ,, •~ Revised 6/15/17 Contract No. 5036 Page 93 of 112 its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have ,, •+' Revised 6/15/17 Contract No. 5036 Page 94 of 112 avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classi- fication 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 reason- able means. Should the Contractor fail to provide the notice(s) required by this section the Con- tractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The Contractor shall diligently prosecute the work to completion within 200 working days after the starting date specified in the Notice to Proceed. 6-7 .2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. In addition to Agency holidays, open excavations and shutdowns will not be allowed on the day prior to Thanksgiving and between December 22 and January1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Con- tractor is beneficial to the best interests of the Agency. The Contractor shall pay the Agency in- spection costs of such work at $2,000 per day of additional inspection 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it {'\ • ., Revised 6/15/17 Contract No. 5036 Page 95 of 112 shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. 6-8.1 Site Walk-Through. After site has been fully restored, the Inspector will then schedule the Site Walk-Through to occur within the next five working days. 6-8.2 List of Deficiencies. Following Site Walk-Through, the Inspector will generate the List of Deficiencies (also known as the punchlist), within five working days. The Contractor shall then have 1 O working days to address the List of Deficiencies and provide a written response to each punchlist item. 6-8.3 Site Follow-Up Walk-Through. Upon receipt of written responses to List of Deficiencies, the Inspector will complete a Site Follow-Up Walk-Through. Any outstanding deficiencies will be noted and returned to Contractor. Outstanding deficiencies will delay full payment of that site's bid items. 6-8.4 Request for Final Walk-Through. Once the Contractor asserts they have satisfied the terms of the Contract and with the Inspector's permission, the Contractor may submit written assertion in the form of a Request for Final Walk-Through, certifying that all deficiencies identified through the Site Walk-Through process have been addressed and request a Final Inspection to demonstrate project completion to the entire Agency. The Contractor shall provide an attachment to the Request for Final Inspection with the Contractor's written response to each deficiency. The Request for Final Inspection shall not be considered complete without the Contractor's written response to each deficiency. 6-8.2 List of Deficiencies. Following each Site Walk-Through, the Inspector will generate the List of Deficiencies (also known as the punchlist), within five working days. The Contractor shall then have 10 working days to address the List of Deficiencies and provide a written response to each punchlist item. 6-8.5 Final Walk-Through. Upon receipt of the Request for Final Walk-Through, the Inspector shall schedule the Final Inspection. The Inspector and Contractor shall be present at the final inspection. Representatives from other Agency departments reserve the right to be present at the Final Inspection. The Engineer and Construction Manager reserve the right to be present at the Final Inspection. The red-line record drawings and asset schedules shall also be inspected. If any deficiencies are not satisfactorily addressed or additional deficiencies are identified, the Contractor will have 10 working days to address List of Deficiencies. 6-8.6 Request for Completion. 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. Once the Final Walk-Through has been completed and all outstanding deficiencies satisfactorily completed to Agency's approval, the Contractor shall submit a written assertion in the form of Request for Completion letter, certifying that the Work has been completed. 6-8. 7 Completion. Upon receipt of the Request for Completion letter, the Agency shall review the written assertion within 2 working days. If, in the Engineer's judgment, the Work has been completed in accordance with the Contract Documents, the Agency will issue a Completion Letter. {'\ • ., Revised 6/15/17 Contract No. 5036 Page 96 of 112 The completion date will be the date to which liquidated damages will be computed. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute completion or acceptance of the Work. 6-8.8 Acceptance. Acceptance will occur after all of the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer's judgment, the Contractor has fully performed the Contract, the Engineer will so certify to the Board. Upon such certification by the Engineer, the Board may accept the Work. Upon the Board's acceptance of the Work, the Agency 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 acceptance of the Work. 6-8.9 Warranty. Except where specifically stated otherwise, all work shall be warranted for one (1) year after acceptance of the Work and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of three thousand dollars ($3,000.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $3,000.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. {'\ •+' Revised 6/15/17 Contract No. 5036 Page 97 of 112 SECTION 7-RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." l'\ •+' Revised 6/15/17 Contract No. 5036 Page 98 of 112 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. The Contractor shall designate in writing a representative who shall have complete authority to act for it and submit qualifications demonstrating as such. The Agency reserves the right to disqualify bidders if the required technical ability and experience · for the Contractor's Representative is not established. In the event that the Contractor would like to change the Contractor's Representative through the course of Project completion, Contractor shall notify the Agency at least two weeks prior and submit the same paperwork for the Engineer's review demonstrating the proposed Contractor's Repre- sentative meets the minimum requirements of the position. Engineer will review qualifications of proposed Contractor's Representative within 5 working days of receipt. In the event of a change in Contractor's Representative, the Agency reserves the right to suspend work, at the Contractor's cost, until a qualified Contractor's Representative is assigned to the Project. An alternative representative may be designated as well. Prior to an alternative being designated, the proposed alternative must also submit paperwork for Agency's review, demonstrating that the proposed alternative satisfies the minimum qualifications. The Agency will review the qualifications within five working days of receipt. {'\ •+;' Revised 6/15/17 Contract No. 5036 Page 99 of 112 The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. No change in Contractor's Representative will be allowed without Agency's review of qualifications of proposed Contractor's Representative. In the event of a change in Contractor's Representative, the minimum qualifications for Contractor's Representative must still be satisfied. The qualifications shall be submitted for review two weeks prior to the proposed change in personnel. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility compa- nies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of l'\ •+' Revised 6/15/17 Contract No. 5036 Page 100 of 112 keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency {"\ • ., Revised 6/15/17 Contract No. 5036 Page 101 of 112 concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002 (as amended by 2010-0014 DWQ and 2012-0006-DWQ)B Waste Discharge Requirements (WDR's) for Discharges of Storm Water Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 2014-0194-DWQ, General Order No. CAG 140001, Statewide National Pollutant Discharge Elimination System (NPDES) Permit for Drinking Water System Discharges to Water of the United States. A model Storm Water Pollution Prevention Plan (SWPPP) is provided to the Contractor, in Appendix B, for use in preparing the Project SWPPP for review by the City. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City and the Regional Water Quality Control Board. All costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plans and coordination with the City and the Regional Water Quality Control Board shall be included as part of the contract bid. The Notice of Intent (NOi} shall not be filed for the Project. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. Prior to mobilization the contractor shall document exiting conditions of public and private roads to be used to access the site along with potentially impacted existing facilities on or near the construction site. Documentation shall include video and photographs in digital format submitted l' •.-;' Revised 6/15/17 Contract No. 5036 Page 102 of 112 according to 2-5.3 and section 01300. Site access shall be documented at a minimum from Shad- owridge Drive or College Boulevard to the site. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relo- cated shall be done in conformance with 307-1. 5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Construction materials shall not be stored in streets, roads, or highways. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. ,, •+;' Revised 6/15/17 Contract No. 5036 Page 103 of 112 Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than five (5) days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California). 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. All costs involved shall be included in the Bid. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench five (5) feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. {'\ •+' Revised 6/15/17 Contract No. 5036 Page 104 of 112 The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-10.4.6 Chemical Related Safety and Accident Protection. Maerkle Reservoir site stores and uses chlorine gas and ammonia. Prior to entering the project site and commencement of any work on the site the contractor and its subcontractors shall be aware of potential fire, explosion or toxic release hazards related to the site. Contractor, its employees, and subcontractors shall be ,, • ., Revised 6/15/17 Contract No. 5036 Page 105 of 112 sufficiently trained to safely perform their job. Contractor shall be fully aware of the Maerkle Reservoir emergency action plan and coordinate training for the emergency action plan with CMWD. Contractor shall provide CMWD with the their (Contractor's) written safety plan prior to commencement of work at the site. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." ,, •tr Revised 6/15/17 Contract No. 5036 Page 106 of 112 SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Refer to Technical Specifications Section 01590 for project specific require- ments regarding facilities for agency personnel. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. A Class "A" Field Office in accordance with Section 8-2.1 shall be provided at the project site. All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California, and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. 8-2 FIELD OFFICE FACILITIES. Reference Technical Specifications Section 01590 for requirements. 8-3 REMOVAL OF FACILITIES. Field office facilities at the project site shall be removed upon completion of the Work. Buildings and equipment furnished by the Contractor at the project site under the provisions of this section are the property of the Contractor. 8-4 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, servIcIng, and removing field office facilities required at the project site shall be included in the bid item for furnishing such facilities. If such facilities are required by the Plans or Specifications and no bid item is provided in the proposal, the costs shall be included in other items for which bids are entered. Such costs incurred in connection with offices and laboratories at plants shall be borne by the plant owners. Payment for field office will be made at the monthly price bid and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the project, obtaining all permits, property rental, providing utilities including, but not limited to, high speed internet service, electrical, telephone, potable water and sanitary facilities, and maintenance. The monthly rate will be paid for each full calendar month throughout the duration of the contract that the field office, complete with all facilities and utilities, is available to the Engineer and on the project excepting when the Engineer has ordered that the field office be removed from the project. ,, •;;' Revised 6/15/17 Contract No. 5036 Page 107 of 112 SECTION 9 -MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. Refer to Technical Spec- ifications Section 01025 for additional requirements and clarifications. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. l'\ • ., Revised 6/15/17 Contract No. 5036 Page 108 of 112 Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6- 10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt {'\ • ., Revised 6/15/17 Contract No. 5036 Page 109 of 112 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. From each progress estimate, 5 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 5 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corre- sponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Esti- mate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjust- ments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. ,, •+; Revised 6/15/17 Contract No. 5036 Page 110 of 112 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written state- ment required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Condi- tions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Re- port, 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 con- tentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When specifically provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. The Contract bid item price for mobilization shall not exceed three percent (3%) of the total bid amount, and includes full compensation for furnish- ing 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 inci- dental 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 per- formed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: ,, •;;' Revised 6/15/17 Contract No. 5036 Page 111 of 112 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 therefore. 9-4 BID ITEMS. Bid items are defined in more detail in Technical Specifications Section 01025. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provi- sions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and veg- etation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. {'\ •ff Revised 6/15/17 Contract No. 5036 Page 112 of 112 September 19, 2018 ADDENDUM NO. 1 {'city of Carlsbad RE: MAERKLE RESERVOIR FLOATING COVER REPLACEMENT, PROJECT NO.: 5036 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 included to your bid when your bid is submitted. GRAHAM JORDAN Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 / Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t From: CARLSBAD MUNICIPAL WATER DISTRICT MAERKLE RESERVOIR FLOATING COVER REPLACEMENT Contract No. 5036 Bid No. PWS19-511 UTIL Addendum No. 1 Mark Biskup, Project Manager Phone: 760-603-7352 mark.biskup@carlsbadca.gov No . of Pages: 2 (including this page) Date: September 19, 2018 Bid Opening Date: September 26, 2018 -11 :00 a. m. (unchanged) QUESTIONS AND ANSWERS 1. Are there any "Iron & steel" or "Buy American" requirements for this project? No. 2. Specification section 7120 "Fluid applied membrane". Where is any fluid applied membrane Required? Fluid applied membrane is to cover asphalt repairs within the reservoir. Reference detail 5/C-104. 3. Under what bid Item number does the drainage riser pipe (C-104, Detail 1 & 2) belong to? Bid item 14. Reference specification section 01025, 1.05, N, 1, g. 4. After the conduit and riser pipe trenches are capped with AC, is there a requirement to apply a slurry seal to any parts of the existing roadway surface? No. 5. Specification section 11220-3, 2.1 , C 13. Please clarify what is the "Hoisting Ball: Stainless steel type 316"? Hoisting ball is not applicable to the pump model specified. 6. How many gallons or to what water level must the General anticipate on removing from the reservoir for the dewatering process? Agency will dewater reservoir to elevation 445. Reference specification section 02780, 3.1, A. The remaining water in the bottom below the 445 ft. elevation may be discharged out of a blowoff on the discharge piping downstream of the dam. Estimated quantity of water below 445 ft. elevation may be calculated by the bidder from the contours shown on the plans but the precision of the contours is unknown and volume is therefore only an estimate. Contract No. 5036 -Maerkle Cover Addendum No. 1 7. How much desludging is anticipated in the bottom of the reservoir? A dive inspection was conducted in February 2016. The inspection videos did not reveal a significant amount of sediment. The water in Maerkle Reservoir is treated water (finished) received from San Diego County Water Authority; the reservoir is covered and circulation through the reservoir exists based on location of inlets and outlets for the water with occasional recirculation via local pumping at the reservoir. Assume 1 /8" of sediment over 25% of floor, results in 20 cubic yards. 8. Where do you dispose of both the dewatering water and/or the sludge? Contractor is responsible to remove dispose of sediments in compliance with jurisdictional regulations. CMWD does not have a dump site for sludge disposal. Dewatering of residual water on the bottom of the reservoir may be discharged in compliance with permit order WQ 2014- 0194-DWQ provided in appendix A of contract documents and may be done as described in questions #6. 9. How long will it take to fill the reservoir? 19 Days to fill to 190 MG. 10. Section 01510-2 Temporary Facilities says contractor shall pay for water meter and all other water waster use. How much does the water district charge for these items? Current rates can be found on the City's web site. Fees and rates may be subject to change and payment shall be based on the rates at the time the water is taken. Current construction meter fees including construction meter installation cost and deposit cost may be found on the City's web site: page 13 on: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=36324 Water usage billing includes a monthly base rate fee and water unit costs. The current monthly base rate for a 3" construction meter is $266.52. The current usage rate is $4.22/unit (Commercial and non-residential): http://www.carlsbadca.gov/services/depts/finance/fees/billinq.asp 11 . What does bid item 8 relate to? Is the 1,000 sf unit, on the bid form, for areas other than the installation of the new conduit trench AC? If so, please clarify. Bid Item 8 is for repairs to the existing AC liner. The 1,000 sf is an estimate of exiting damaged reservoir interior porous asphalt liner repair work to be completed as shown on Sheet C-104 details No. 5 and No. 6. The exact quantity and location will be determined once the reservoir is dewatered and the existing floating cover is removed . This bid item does not include asphalt work outside the reservoir. 12. Is the repair of the new electrical conduit trench AC to be included in bid item 18? Yes. 13. It was mentioned on the bid walk that a chlorine gas training class would be offered by the city. Please clarify costs, hours per person and location of this training. Is this mandatory? There is no cost to the Contractor for the specified site chlorine safety training which will be conducted by CMWD staff. The approximate time for training is between 30 minutes and an hour. The training is mandatory for all persons working on the site. The training will be documented and all contractor and subcontractor workers shall be able to provide verification that they have completed the training before being allowed on the site. Refresher training shall be completed every three months following the initial site safety training. Contract No. 5036 -Maerkle Cover Addendum No. 1 2 September 25, 2018 ADDENDUM NO. 2 C cityof Carlsbad RE: MAERKLE RESERVOIR FLOATING COVER REPLACEMENT, PROJECT NO.: 5036 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid. New date for bid opening is: Tuesday, October 2, 2018 Time remains the same: 11 a.m. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. --GRAHAM JORDAN Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 £1 e~ /~'s Signature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t From: CARLSBAD MUNICIPAL WATER DISTRICT MAERKLE RESERVOIR FLOATING COVER REPLACEMENT Contract No. 5036 Bid No. PWS19-511 UTIL Addendum No. 2 Mark Biskup, Project Manager Phone: 760-603-7352 mark.biskup@carlsbadca.gov No. of Pages: 1 (including this page) Date: September 25, 2018 Bid Opening Date: October 2, 2018 -11 :00 a.m. (new date) QUESTIONS AND ANSWERS 1. There are a couple of areas in the fence that are damaged, do they get replaced? Bid as described in Item 3, of Measurement and Payment Section 10025. 2. When the chain link and rails get taken down, can the materials be disconnected in 50' increments and stacked on the sloped concrete perpendicular to the fence line? See sketch. [Attachment A] Also, can they be stored at different areas along the road in the turn outs? The laydown areas are dirt which adheres to vinyl coating. It would be more cost effective, cleaner and less wear and tear on the vinyl coated materials. Bid per plan, use laydown areas shown on plans. 3. The plan sheet says to protect in place on the gates. Is it the City's intention to leave the gates up? Yes, protect in place per plans and specs. 4. There was a time mentioned for deliveries, what will be the starting time for our crews? See section 01610, Delivery Storage and Handling. Contract No. 5036 -Maerkle Cover Addendum No. 2 Attachment A J ' j J