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05-0816_JOHNSON-PELTIER_Construction Contract OA RECORDED AT REQUEST OF AND Recorded in Official Records, Orange County RETURNED TO: Tom Daly, Clerk-Recorder City of San Juan Capistrano fIIIIHIIIilllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll NOFEE City Clerk's Office 32400 Paseo Adelanto 2006000276401 11:53am 04/25/06 San Juan Capistrano, CA 92675 212 50 N12 1 RECORDING FEES EXEMPT DUE TO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA elf rvl NOTICE OF COMPLETION '( NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Johnson-Peltier, 12021 South Shoemaker Ave., Santa Fe Springs, CA 90670 for the construction of the Captain's hill Pump Station Electrical Replacement Project. That the said work completed on February 14, 2006 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano as owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 1Sth day of April, 2006, by Resolution 06-04-18-01. That upon said contract, the American Contractors Indemnity Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 181h day of April 2006. arg e . Monahan, City Clerk City of Sa Juan Capistrano STATE OF CALIFORNIA 1 COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury, that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 181h day of April 2006. /! arg ret R. Monahan, City Clerk City o San Juan Capistrano CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 16th day of August, 2005, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and Johnson-Peltier, hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 1 Sr f � , complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: The Captain's Hill Pump Station Electrical Replacements as delineated in the Plans and Specifications prepared by Alexander Engineers, Incorporated, dated May, 2005. Work to include: the replacement of existing power distribution, motor control center, cabinets and panel equipment, operator controls and indicators, solid state motor controller, pressure transmitter, pressure switches, pulsation damper process tubing, programmable logic controller, man- machine interface, conduit, wire, fittings, outlets and pullboxes and all appurtenant work and testing to insure that the installation is complete and operable. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: Plans for Electrical Replacement Captain's Hill Pump Station. Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within One Hundred and Eighty (180) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 2 Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS - PAGE 3 be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. Section 9. Changes in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 4 Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change thereto is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 5 allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Two Hundred and Fifty Dollars and No Cents ($250.00) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of One Hundred Fifteen Thousand Four Hundred and Sity-three dollars and no cents ($115,463) as itemized on the attached Exhibit "A." Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 6 the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Se ion 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. Davis-Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 7 met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 8 F. Workdav: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages: Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100°/x) of the Contract price bid to CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 9 guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 10 foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California — Minimum of $1,000,000 Public Liability, in the form of $1,000,000, per occurrence, or either Comprehensive General alternatively, Liability or Commercial General $1,000,000 aggregate, separate Liability written on a per-occurrence for this project. basis Automobile liability, including $1,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 11 to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractors subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractors default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 12 to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS - PAGE 13 Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et sea., regarding resolution of construction claims for any claims which arise between the Contractor and the City. Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works To Contractor: Kevin Peltier Johnson-Peltier 12021 S. Shoemaker Ave. Santa Fe Springs, CA 90670 CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 14 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRALLNO By: 61 - Wya6lart, Mayor CONTRA O K i eltier, Vice President By: V M gare R. Monahan, City Clerk AP OVE A T FORM: By: John R. Shaw, Ity Attorney CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 15 BID This is EXHIBIT& cons"of ons page, referred to In made and a part of the AGREEMENT between the OWNER and the CONTRACTOR Bir)TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid Is accepted,to enter into an Agreementwih the City in the form Included In the Contract Documents(as defined in Article 4 of the Agreement)to perform the Work as specified or Indicated In said Contract Documents entitled: CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS C.I.P. 767 Bidder accepts all of the terms and conditions*Fft Contract Documents,krdudfng without gmBation gum In the Notice Invlting Bids and the Instructions to Bidders dealing with the deposition of the Bid Security, This Bid will remain open for the period staoed in the Notice Inviting SWs,unless otherwise required bylaw. Bidderwwfll enter into an Agreement within the time end In the manner required in to Instructions to Bidden,and wig fumish the Insurance certificates,Payment Baud,Periomrsnca Bond,and all Pemrts required by the Contrad Documents. Bidder has examined copies of all the Contract Docwrmft.including the following Addenda(receipt of which is hereby acknowledged): Number 1 Date 6/22/05 Number 2 Date 7/11/05 Number Data Number Date Bidder hes familiarized itself with the nature and extent ofthe Contract Documards,the Work.the site,the locality whom the Work Is to be performed,the legal requirements(federal,state,and local laws,ordinances.rules,and regulations), and the conditions effecting cost,p(Ogress,or Performance of the Work,and has made such independent Imwestgations as Bidder deems rvamsery. In conformance with the current statuksy requirements of Califomia tabor Code Section 1880,at awl.,the undersigned confirms the following as is certification: I am aware of the Provisions of Section 3700 of the Labor Code,which redpdrs avefy employer to be insured against liability for workers compensation,orto undertake seR4mnnance in accordance with the provisions, before commencing the performance of the Work of this Contract To an the foregoing,and including all Bid SdwKkAe(s).List of Subcontractors,Non cogusion AffidavL Bidder's General Information,and Bid Bond contained M these Bid Forms,said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in sold Contract Documents,and to accept in fug payment therefor the Contract Prim based on the Lump Sum or Unit Bid Price(e) named In the aforementioned Bidding Seheduls(s). Dated: 7/20/05 Bidder. JOHNSON—PELTIER Electric BT KevP tie (Signature) T ce— resident CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACMENTS BID(PROPOSAL)PAGE 1 CITY OF SAN JUAN CAPISTRANO BID SCHEDULE CAPTAINS HILL PUMP STATION ELECTRICAL REPLACEMENTS Value Item 1) Engineering & Submittals Total S 17,989.00 2) Utility Service, MCC & PCP 3 82;030.00 3) PLC & HMI Programming S 9,702.00 4) Startup &Verification $ 5,742.00 Total Quotation Price s 115,463.00 The value Rem fisted on this Schedule of Values Form shall contain complete lump-sum amounts for furnishing all material, labor, engineering, hardware, calibration, installation and equipment required to complete each item as indicated in the Contract Documents. The undersigned has checked carefully all figures inserted in the Schedule of Values form and acknowledges receipt of all Addenda to the Contract Documents. Dated 7/2� zoos —� Signature --� R vi tier Company JOHNSON-PELTZER Electric Title Vice-President CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS BID(PROPOSAL) PAGE 2 JOHNSON—PELTIER Electric INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As rpuirW under SK*n 4100,of smi.,of RAs Pub10 Contract Code,the Bidder ehel lst bebw the name and buehees addrassofmach subconbaciorwho wi pwb m Work urderltdsBid In mmuotoomm-mefona paced Atha CartrarbA Taal Bid Price.end dW 00 ist the portion of me Work which wi be done by such oubcorutredor. Mmrthe oper"a Bids, no Menges or&Mdk bm will be slowed amept as o0rerw provided by h1w_ The mora man an ane srbeumirriorseeh imr a Work to be perormed wih V0words 6mndW wI notbe parmmed.Fmnto cwmklwlht* rerpuYMreM w1 render the Bid as non-respons us and may rause is ngac6w► Contraciora Lkkenas Work to be Performed Number SubconbaoWs Nona b Address t I & C Subcontrator 807306 Northern Digital Inc. _4520 California Ave __Suite IF200 g..ver�cier,t^fie aging-1190 2 3 4 8 e 7 CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS LIST OF SUBCONTRACTORS—PAGE 3 F NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of Califomia ) rx. CountydLos Angeles _) t Kevin Peltier, being first duly sworn,deposes and says that he or she Is Vt�President of JOHNSON-PELTIER Electric . the party making the foregoing Bid,that the Bid is not made in the interest of,or on behalf of,any undisclosed person,partnership, company,association,organization,or corporation;that the Bid Is genuine and not collusive or ohm;that the Bidder has not directly or Indirectly Induced or solicited any other Bidder to put in a false or sham Bid,and has not directly or Indirectly colluded, conspired,connived,or agreed with any Bidder or anyone else to put in a sham Bid,or that anyone shall refrain from lidding;that the Bidder has not In any manner,directly or indirectly, sought by agreement,communkatl ,or conference with anyone to fbc the Bid price of fire Bidder or any other Bidder, or to fix arty overhead, profit or oust element of the Bid pica,or of that of any other Bidder, or to secure any advantage against the pubic body awarding the Contract of anyone interested In the proposed Contract that all statements contained in the Bid are true;and,further,that fine Bidder has not, directly or indirectly, submitted his or her Bid price, or arty breakdown thereof, or the cc) tents thereof, or divulged Information or data relative theroto,or paid,and will not pay,anyfee to any corporation,partnership.Company, association,organization,bid depository,or to any membar orageM thereof,to effectuate a Collusive or sham Bid Bidder JOHNSON-PELTIER Electric By Kevin Peltier -� T& Vice-Presid t OrganMMM JOHNSON-PELTIER Electric Address 12021 S. Shoemaker Ave. Santa Fe Springs, CA 90670 CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS NON-COLLUSIONAFFlDAVIT-PAGE4 l Bond No.:234132-1 BID BOND KNOW ALL MEN BY THESE PRFBENTs, That Johnson-Peltier as Principal,and American Contractors Indemnity Company as Suraty,am held and firmly bound unto The Ctty of San Juan Capistrartu,hereinafter railed the"Owner in the sunt of (10%)Ten percent of the attached bid amount not to exceed Thirteen Thousand Two Hundred&00/100($13,200.00) dollars teat le atun 10 pnroent altre lVill a now al the bld) for the paymerd of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors,and assigns,Jointly and severally,firmly by these presertls. WHEREAS,said Principal has submitted a Sid to said Owner to perform the Work required under the Bid Schedule(s)of the Owner's Contract Documents entitled: CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENT$ CIP NO.747 NOW THEREFORE, If said Principal Is awarded a Contract by said Owner,and within the time and In Via manner required In the"Notice Inviting Ridd'and the"Insiructionsto Bidders"enters Into a wrRlen Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insuraram,and fumisheathe required Performance Bond and Payment Bond,then this obilgation shall be null and void,otherwise it shag remain In full force and effect. In the Went auk Is brought upon this Bond by said Owner,and Owner prevalls,said Surety shall pay all Costs(named by said Owner in sum suk including a reasonable attorneys fee to be fixed by elle court SIGNED AND SEALED,this 19th day of_ July .2005 nhns (SEAL) (SEAL AND NOTARIALf 3I2AL) ACKNOWLEDGMENT OF SURETY) W (SEAL) (SEAL) A1n ' AmknicL C nmety Company A4 k Richar sir,Attor y-in-Fact 191anetl+o) CAPTAIN'S HILL PUMP STATION BID DOCUMENTS—BID BOND ELECTRICAL REPLACMENTS PAGE 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California LOS ANGELES ss. County of 111 On JULY 19, 2005 before me, LISA J. STRUTMAN, NOTARY PUBLIC Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared KIM ROWELL Names)of Signers) L� personally known to me Cl proved to me on the basis of satisfactory evidence to be the persons) whose nameis) is/ane subscribed to the within instrument and acknowledged to me that he/she/kill executed the same in hislher/tbmiK authorized capacity(ies), and that by his/her/6heir LISA J.smuTMAN signature(s) on the instrument the persontis), or Comminon* 151o56s the entity upon behalf of which the persons) Nollcry Kill•CoWornlo acted, executed the instrument. Los Angel County - MyComm.ExplrosAug 29,ppps WITNESS my and and official seal. Place Notary Seal Above gnature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual afflahm Top of thumb here ElCorporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in FactI ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: I ®1999 National Notary AsRoeiaton•9350 De Soto Ave..P.O.Baa 2402•Chatsworth,CA 91313 2402•e—naXenalnotarl Prod.No.5907 Reorder:Call TollFree1 800876-692] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On before me Stephanie Pham, Notary Public DATE U NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) Z 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 STEPHANIE PHAM authorized capacity(ies), and that by his/her/their N Cory M.Pub#1384040 Ca0omia� signature(s) on the instrument the person(s), or the ptange.counry. _ entity u half of which the person(s) acted, J) My Comm.ExpWes exec ed t nstrument. NOVEMBER 9 2006 WIT N and fficial seal. Place Notary Seal Above gna ure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:_ ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE American Contractors Indemnity Company 9841 Airport Blvd.,9's Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENT S: That American Contractors Indemnity Company of the State of California,a California corporation, does hereby appoint, Mark Richardson or Eric Lowey its true and lawful Attomey(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S _ ***2.000,000 00***Dollars This Power of Attorney shall expire without further action on March 18.2007. 'Phis Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6"' day of December, 1990. "RESOLVED that the C'hiefExecutive Qjfh er.Ae5alent or ane Vice President,Fsecxnive Vice Previden6 Secretary or Aevistanl.Set wfaJ-.shall hate the prover and mahoritt 1. 7,appoint Atanner(v)-in-IatI and to aahnri_e than,to execute,n behalr,f the C'nmpanv. and attach the seal of the Company thereto. hands and undertakings,eonn'«cts of indemniry and other twitings nhligarorc in the nature the, and. 2. 7o remove,at ant-tin it,.ann•.eurIf Attorney-in-Fact and retake the soahortty given. RESOLVED FURTHER. that the sign«tuns q/ ,(ricers and the seal of the Co ninmi,mat,lx•gfjired to any such Prover of Atiorne.v or cerliheare relating thereta ht�facsimile,and am,me h Am et rel Auornev or certificate hearing such fac's'imile s'ignaures or locsimile seal shall he valid and binding upon the Compaq,and any such pokier so ewcuted and certified ht_rucsimile signmurrs«nd/drsimile seal shall he valid and binding upon the C.'omIna, in the,ha«re with re.tpect to any hand or tmdet'tuking to which it i's attuehed.'• IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15'x'day of December,2003. �Q?`�tt0�/� AMERICAN C NTRACTORS INDEMNITY COMPANY 3 � 3 Nr070U1E0 a,. SEPL26.1990 By. �, .s Roberti".T nomas,Chief Executive Officer STATE OF CALIFORNIA § COUNTY OF LOS ANGELES g On this 15"day of December 2003,before me, Deborah Reese,a notary public,personally appeared Robert F.Thomas,Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. 0900AH REESE .bdon 01.06149 w� e —_ Nday9LEmc.camamw Signature of Notary lm apNu CouMv My Commission expires March 18-2007 tA'rCams•Exprw Mar 16,2007 1,Jeannie J.Kim,Corporate Secretary of American Contractors Indemnity Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above,are true and correct transcripts thereof and that neither the said Power Df Attomey nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 19th day of July 200 . Bond Nn. 234132-1Leann J.Kim,t:o rate ceretary Agcncy No. 43015 _ American Contractors Indemnity Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION To verify the validity of this Bond or to assert a claim, call the Surety's toll free telephone number or write to the Surety: American Contractors Indemnity Company 9841 Airport Blvd., 9' Floor Los Angeles, CA 90045 800-486-6695 ------------------------------------------------------------------------------------------- Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the"Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the Issuing surety: American Contractors Indemnity Company, U. S. Specialty Insurance Company, and any other company for which surety business is underwritten ("Issuing Sureties"). The premium attributable to any bond coverage for"acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. ------------------------------------------------------------------------------------------- Exclusion of Liability for Mold, Mycotoxins and Fungi Notwithstanding anything to the contrary in the contract referred to and/or incorporated into the Bond, the Rnnd to which this Rider is attached dope not prnvidp cnvprape fnr, and the Issuing Surpties thprpnn shall not be liable for: molds, living or dead fungi, bacteria, allergens, environmental contaminants, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause Its rejection. . 1. BIDDERICONTRACTOR'S Name and Street Address; JOHNSON-PELTIER Electric 12021 5. Shoemaker Ave. Santa Fe Springs, CA 90670 2. CONTRACTOR'S Telephone Number. ( 562 ) 944-1208 Facsimile Number. ( 562 ) 944-3408 E-mail address kpeltier@johnson-peltier.com 3. CONTRACTOR'S License; Primary Classification State License Number(s) 168893 Supplemental License Classifrcations C-10 4. Surety Company and Agent who will provide the required Bonds an this Contract Name of Surely Pinnacle v & insurance- Services Address 151 Kalmus Drive Suite A-201 Costa Mesa, CA 92626-1977 Surety Company Agent Rsmeralda Urenn Telephone Numbers: Agent( 714 ) 546-5100 Surety( ) 5. Type of Firm(IndMdual, Partnership or Corporabon)_ Corporation B. Corporation organized under the laws of the State of California 7. List the names and addresses of the principal members of the firm or names and tides of the principal officers of the corporation or firth: Howard Peltier President _Kevin Peltier Vice-President Kim Rowell Sec./Treas. CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS GENERAL BID INFORMATION PAGES JOHNSON-PELTIER Electric BIDDER'S GENERAL INFORMATION (Continued) a. Number of years experience as a contractor in this specific type of construction work: 48 years 8. List at least three related projects of comparable sae and complexity completed to data: 1. Owner Address Capistrano Valley Water 32240 Paseo Adelanto, Suite C Contact District Class of work Chris .OF e11n Electrical / Instrumentation Phone( 714 1 206-8525 Contract amount De-Salter Proejct 1.8 Million Project Date completed _8/20/05 2. OwnerTSR jn Address Contact 15600 Sand Canyon Ave. David Mazzarella Class Of Writ Phone( 949 1 453-5569 Electrical Power / instrumentation Contract amount Project 250,000.00 Date oompleted 3/1/04 3. Owner Address Miller Brewery Company 1580 East Irwindale Ave. Contact Claes of nae, Jeff Jolly Work Power/Instrumentation__ Phone() Contract amount 969-4334 900,000.00 Project( _ Date completed 2/20/05 10. List the name and title of the person who will supervise full-firm the proposed work for your firm: David Wenderlich 11. Is full-time supervisor an employee xx contract services_7 12. A financial statement or other information and references sufficiently comprehensive to permit an CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS GENERAL BID INFORMATION PAGE 7 I MAO 3 1 2006 January 26, 2006 City of San Juan Capistrano Captain's Hill Pump Station Electrical Replacement Project Contract Change Order No. 1 CONTRACTOR: Johnson-Peltier This Change Order covers changes to the subject contract as described herein. The Contractor is to construct or furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for the prices agreed upon between the Contractor and the City. The additional work contained within this Change Omer can be performed incidental to the prime work and within the time allotted for the original Contract and any extensions to the Contract Time made by this and all previously issued Change Orders, if any. It is therefore mutually agreed that the number of calendar days extension of time, if any, provided for in this Change Order is required for the change of work provided herein, and that no direct or indirect, incidental or consequential costs, expenses, losses or damages have been or will be incurred by Contractor, except as expressly granted and approved by this Change Order and, further, that the payment under this Change Order is the final and complete compensation for the subject work. In accordance with the contract provisions, the following changes in the contract and/or contract work are hereby authorized and as compensation, the following additional to or deductions from the contract price are hereby approved. Item Description Amount Install Data Concentrating Programming 1) Install SCADA Programming Install Radio System Installation $4,076.00 Operational testing and Setup Total for Change Order No. 1 $4,076.00 The original cost for this work was: $115,463 The cost of amendmentstchange order(s) to date is: $ 0 The cost of this amendment/Change Order No 1 is: $ 4 076 Upon approval, the total cost of this project is: $119,539 The Contractor agrees to fumish all labor and materials and to perform all other necessary work required to complete the Change Order items. This document will become a supplement to the contract and all provision will apply hereto. It is understood that the Change Order shall become effective when approved by the City. RECOMMENDED: Kathleen Springe Actin Public Works Director Date ankaawich, Associate Engineer Date f 6', 3 . 3006 Johnsin-Peltier, Contractor Date Johnson-Peltier Electrical Contractor January 26, 2006 City of San Juan Capistrano Public Works Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Mr. Joe Mankawich Associate Engineer Slrbject, Captain Hill Pump Station Electrical Replacement Project Northem Digital Antenna Gentlemen, Johnson-Peltier is pleased to submit a Lump Sum Price of $ 115,463.00 for the above mentioned subject project. We have reviewed all bid documents, drawings and information gathered on the job walk. We have included labor, material, tools, and equipment as necessary for the electrical installation as outlined in the drawings. C.O. #22772-001 — Changes to Scope of Work for Northern Digital Inc. + $ 4,076.00. C.O. #22772-002 — Antenna NA $ 115,463.00 Northern Digital Change Order #1: + $ 4,076.00 Northern Digital Change Order #2: NA Lump Sum Price: $ 119,539.00 Clarifications / Exclusions: • All work will be done during normal daytime hours. All overtime is excluded. • This proposal excludes all patching and painting. • Conduits to existing motors and equipment are to be reused when possible. • This proposal is for the SWBD and Meter Section to be located inside the existing structure. If you have any questions please feel free to contact me. Sincerely, JOHNSON-PELTIER Dave Wenderlich Estimator/Project Manager d enderlich(aliohnson-oeltier.com S:\WORD\DAVE\san juan 71305.doc 12021 S. Shoemaker Ave.Santa Fe Springs,CA 90670\license 168893\Phone: (562)944-3408 Fax: (562)9441208 Bond No.: 103973348 PREMIUM 1S FOR THE CONrRACf TERM AND is SUBJECT Premium: $1,732.00 TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Executed in Two Originals PERFORMANCE BONE KNOW ALL WN INY THESE PRESENT'S, That Johnson-Peltier as Contractor, And Travelers Casualty and Surety Company of America as Surety, are held firmly bound unto the City of San Juan Captalranb, a tool entity,organlimd and existing in the County of Orange,California,herelnafler called the"Owner." in the sum of. One Hundred Fifteen Thousand Four Hundred Sixty Three&00/100($115,463.00)-------- --------------------------------- — --- - - -- - dollars, for the payment of which sum well and truly to be made, we bind ourselves, our hells, srwomaors, adminlsballors, successors, ane assigns, jointly and severally, *Mly by these prom" WHEREAS said Controolor has been awarded and is about to enter Into the annexed Agreement with said Owner to perform the Work as specified or tndtosted In the Contract Documents entitled: CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS CIP NO.767 NOW THEREFORE,if said Conttarlor Shan parliomt all the requirements of said Contract Documents required to be performed on its Petr!, et the rimes and In the manner apse7fisd herein,then this obligatlon shall be null and void,otharwtse It shall remain in full force and *Beat. PROVIDED,that any alterations In dw Work to be done or the materials to be furnished,or changes in the time of completion,which may be made pursuant to the terms olsaid Contract Documents,shalt not in any way release said Contractor,at said Surety tl'reretinder,nor shall any edenaions of time granted under the pr&AND s of said Contract Documents, release either sad Contratdor or said Surely, and no8oe of such alterations or extensions of the Agreement is hereby waned by said Surety. STONED AND SEALED,this 24th day of August ,20 05 Contractor Johnson-Peltier Surety By Trave ars _asualty Surety Company of America Tide Tide Ma on, - -Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURery) CAPTAIN'S HILL.PUMP STATION__ PERFORMANCE BOND aUkC_f1knZ REPIACEMERYIS AGREEMENT ANDBOND&-PAGE 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oranng�ge,^ ^^ On � �, D--ObS before me Stephanie Pham, Notary Public BATE NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) Q 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 WLNMEPHANIE PHA\4 , he/she/they executed the same in his/her/their OMM41,32 4c u; authorized capacity(ies), and that by his/her/their llOrangeCosignatures) on the instrument the person(s), or the .Eentity upon behalf of which the person(s) acted, EM6ERar `09� executed the instrument. WITN S ar`td fficial seal. i Place Notary Seal Above Si nairuT o otaryu lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL Q ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Bond No.: 103973348 Premium listed on Performance Bond Executed in Two Originals PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That Travelers Casualty and Surety Company of America as s„rs1y are held firmly bound unto the City of Son duan Capistrano,a legal emit,organteed and ei6stirg in the Coutly of Orange,State of Cod Matto hereinafter called the"Owner,"In the sum of One Hundred Fifteen Thousand Four Hundred Sixty Three&00/100($115,463.00; dollars, for the paymerd of which sum wail and V*b be made,we bind auraewes,ouhein encodlm administrators, suaxssors,and assgns,jointly and severalty,firmly by these presents. WHEREM,said Cordractor has been awarded and is about to enter into the annexed agreement with sato Owner to perlbmi the Work as specified or indicated in the Contract Documents entitled: CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACENIENTS CP NO,767 NOW THEREFORE,N said Contractor,its subcontractors,its hells,nmcutors,2dMin6tnators,successors,or ate tgnt shall foil to pay for any materials,provisions,provender,equipment,order supply used In,upon,for, or about the periam ante of trio Wok ranrtracted to be done,or for anywork or labor thefaon alany kind,orfar amounts due under the Unemployment Inwrance Cade,or for any amounts required to be deduch 4 wNiald, and paid over to the Employment Development Department from the wages of employees of the Contractor and RR subcontractors pursuant to Section 13a2D of the Unemployment Insurance Code with respect to such labor,all as required by the provision of Tide XV,Chapter 7,Sections 3247-3252,ndutikre,of ore CMI Code of the Slafe of CalBomis and acts amendatory thereof,and Sections of other Codes of the State of Calffomla ntefeaed to thereln and ads amendatory thereof,and provided IW the persons,companies,or eorporah"so furnishing said materials,provision,equipment or other supplies,appliances,or power used in,Upon,for,or about performance of the work contracted to be enecutsd at peltormed, or any person, company, or corporation renting or hiring implements ormachinery or power for,orcontributing to,said work to be done,or any Perron who performs work or labor upon the some,or arty person who supplies both work and materials thamfor,shall have complied wall the pruvisiana of said laws,then said suretywill pay the same In an amount not enWWVlg the sum hereinbefore set font,and also will pay, in case suit is brought upon Hits band, e reasonable ahomey's fee as shall be fulad by the Court This Bond shall inure to the benefit of any and all persons named in Section 3181 of the CM Code of the state of CaNfamia so as to gW a right ofau6al to them or their 2QWgns in any suit brought upon this bond. PROMIM,that any alterations A the Work to be dons or the materials to be furnished,or changes In the time Of completion,when may be made pursuant to the terms of said Contract Doruments,stroll not in any way release said Contactor or said Surety thereunder,nor shall any e#ensions orisne gnarled under Ifts provaoris of said Contact Documents release either sold Conh ockm or said Surety, and no8oa of said alterations or tuft lOn9 of the Agreement is hereby waved by said Surety. SMED AND 9EALJM,the 24th day of August 20 05 . Contractor gu71ct Johnson-Peltier ety Company of America By BY Tice Tide to act (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) EAPTAIN'S HILL-PUMP STATION PAYMENT BOND ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On a-9, Dn)!S before me Stephanie Pham Notary Public DIME NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) 0 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 n�� the within instrument and acknowledged to me that W PHANIE PHAnn p he/shelthey executed the same in his/her/their oMM � 18aa0 . authorized capacity(ies), and that by his/her/their ryP �I o-caurom aE si natures on the instrument the erson s or the Orange County 9 O P O,y�commExpiresjentity upon behalf of which the person(s) acted, vEMBER 9, 2006 executed the instrument. WITI .mv Fiz and Icial seal. i Place Notary Seal Above /gnat I e of Notary u lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER:_ DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Eric Lowey, Mark Richardson, Stephanie Pham, of Costa Mesa, California, their true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President, the Treasurer, my Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, my Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to my power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and my such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (05-04)Unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 14th day of December, 2004, STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD ��h 9J�pr eNo so rOA3U�rj 5 ti9Rrf �e W NARTPoeo, i e 19 B 2� O By - �cpyN, `e coNN. io Eby ar George W. Thompson i'";v�`i `6+ F�+S `' • h� Senior Vice President On this 14th day of December, 2004 before me personally came GEORGE W. THOMPSON to me known, who,being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. S' My commission expires June 30, 2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 24th day of August ,2005. ,A11W3aBFIY gJ•JY ANQ JL pL6U,�rii NnarFORO, t u'qct y g 2e' B y �+' �N+ '•+° �y • �N Peter Schwartz Senior Vice President 'Travelers 7 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. Bond No.: 103973348 Premium:$1,732.00 PREMIUM T3 FOR THE CONTRACT TERM AND 15 SUBJECT Executed in Two Originals TO ADJUSTMENT BASED ON FINAL CONIRACI•PRICE PERFORMANCE BOND KNOUT ALL MEN BY THESE PRESENTS, That Johnson-Peltier qe Contractor, And Travelers Casualty and Surety Company of America as Surely, are held firmly dOlald unto the City of San Juan Caplswrro, a legal erift organliced and existing in the Cournly of Orange,Callfomla,hereinafter called the"anter:in the sum or. One Hundred Fifteen Thousand Four Hundred Sixty Three&00/100($115,463.00)-------- ----- --- -- - -— ------ ——-- —------------------ddlers, for the payment of which sum well and trtAy to be made, we bind ouraslvae, our heirs, ertecubm. adminlstrabrs, sucoassors, and asslans, jointly and sereragy, firmly by these p - WHEREAS said Contraolor has been awarded and is about to enter Oto the annw ed Agreement with said Owner to perform the Work as specified or Wilosk!d In the Contract Dticumenla entIlled; CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS CIP No.757 NOW THEREFORE, if said Contractor shall porbrm all the requirements of said Contract Oncumtmis required to be performed an its part, at the limes And in the marmar spacifed herein,then this obligation shall be mull and void,otherwise t shall remain in full force and mywt_ PROVIDED,that any afttrrations In the Work to be done or the materials to be furnished,or changes in the time of completion,which may be made purmant b the terms ofsaid ConVxt Dowments,shall not in any way release said Cotrtradtor or said Surely V ateunder,nor shat any eldensions of time granted under the pronAsbns of said Contract Documernts, release eAirer sold Ccntraotor or said Surely, and no5oe of such alterations or stenions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,Ihis 24th day M August ,2Q05 CorhhiXtor Johnson-Peltier Surety.TravelWasualtyurety Company of America Tide TitleMot (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURE" CAPTAIN'S HILI.PUMP STATION PERFORM)NCE BOND, ELEcrRTC`Al R PLACETAENTS AGREEMENT ANDBOND&-PAGE 1@ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County dOrange On �- -)AA ID215 before me Stephanie Pham, Notary Public — DATE NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) Q 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 gNol:ary HANIE PHAM he/she/they executed the same in his/her/their M.a is6aoaoauthorized capacity(ies), and that by his/her/their Public-Calitornia-. nge Courcy signature(s) on the instrument the person(s), or the ommExpiresentit u on behalf of which the erson s acted, MBER 9 2006 Y P person(s)) executed the instrument. WITNCSd offcial seal. Place Notary Seal Above Sig ature f Notary Pu lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL • ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Bond No.: 103973348 Premium listed on Performance Bond Executed in Two Originals PAYMENT BOND KW=ALL UM BY THESE PRESSWTS, That Travelers Casualty and Surety Company of America ag Sursty are held firmly hound unto the City of San Juan Caplabam,a legal eml0.y.organized end etdeting n the Coaa>hr of orange,Stene of California,hafeirlaPons called the"Owner,"In the sum of One Hundred Fifteen Thousand Four Hundred Sixty Three&00/100($115,463.00; dollars, for the payment of which sum Wall and tnAy b be made,we bind o Mewls,our hairs,a muturs,adminBazalom successors,and assigns,jointly and severally,firmly by these presorts. WHEREAS,said Contraotor has been awarded and is about to enter into the annexed agreement with said Owner to perform the Work as spedfled or indicated in the Contract Documents enNed: CAPTAIN'S HILL PUMP STATION ELECTRICAL REPtACEIIAENTS C!NO.767 NOW THEREFORE,C sold Contractor,its subcontractors,as heirs,axecumrs,admltE.tralm successors,or assigns shall fail to payfor any melerials,provfsforhs,provender,equipment,orotimr at"lla9 used In,upon,fa, or about the performance of the Work contracted to be done.or for arywork or labor thereon ofary kind.orfor amounts due under the Unercployntent insurance Cade,ar forarry amounts requhed to be deducb4 wNihold, and paid owerlo the Employment Development Depanmeht Nom the wages of employees of the Contractor and Cs subcontractors pursuant to Section 13020 of the Unemployment Insurance Code vwCh respect to such labor,all as required by the provLsbrw of TMs XV,Chapter 7,Sections 3247-3282,khduAm,dire CMI Code of the State of Caltomle and ads amendatory thereof,and Sections of other Cod"of tins State of CatConnra rafemed to thereln and ads amendatory thereof,and provided that the persons,companies,or corporations so furnishing said materials,provisions,equipment,or other supplies,appllance%or power used in,upon,for,or about performance of the Wok contacted to be executed at pet wmed, ar any person, Company, or corporation renting or hiring inplements or machinery or power for,or contributing to,sail work to be done,or any person who performs worts or labor upon the carne,or arty person who supplies both wok and materials therefor,shall have complied wih the provisions of said laws,them 9*4 surety will pay the some in an amount not exxotifng the sum hereinbefore set forth. and also oil pay, in case suit is brought upon this bond, a reasonable attorneys fee as shall be fixed by the Court This Bond shag inure to the benefit of any and all persons named m Section 3161 of the CM Code of the State of California so as to pfve a right of soft to Mem or their assigns in any suit brought upon this bond- PROVIDED, ondPROVIDED,that any altar:01ans in the Wc*to be done of the materials to be fumished,or changes In thetime Of campletofh,which may be made pursuant to the terms of said Contract Documents,shall not in any way release said 0014 a Am or sad Surely thereunder,nor shall any weansions orfine granted udder the provaprts of said Contract Documents allows elmer said Contractor or said Surety, and notica of sold allerahlons or aft nskm8 of the Agreement is hereby waived by said Surety. SI13NED AND$MAL®,the 24th day of August 20 05 . Contractor Sum, Johnson-Peltier Travel C- a ketyompany of America BY TICK TMe Mar car so - (SEAL AND NOTARIAL,ACKNOWLEDGMENT OF SUREM CAPTAWS MILL-PUMP STATION PAYMENT BOND ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 19 Ask CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On l t,L� I� a4 og-(41 DIn g before me Stephanie Pham Notary Public DAME NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) 0 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 STEPHANIE PHAM he/she/they executed the same in his/her/their COMM.p 1384040 N authorized capacity(ies), and that by his/her/their A . Notary Pub is-Ca 1torniaM signature(s) on the instrument the person(s), or the � `� Myoco9m EXGi es entity upon behalf of which the person(s) acted, NOVEMBER 9 2006 executed the instrument. W NE y ha nd o icial seal. i Place Notary Seal Above 'gnat t of NotaryPublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL 21 ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Eric Lowey, Mark Richardson, Stephanie Pham, of Costa Mesa, California, their true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (05-04)Unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 14th day of December,2004. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD George W. Thompson Senior Vice President On this 14th day of December, 2004 before me personally came GEORGE W. THOMPSON to me known,who,being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. �► �c��. C �.x7G�eiowi.l.�' My commission expires June 30, 2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 24th day of August , 20 05 � WVY BJYLiY AMOYL GI.6U�t� -$ OjNN2 �W "CONN� 9tg1982eiD By Peter Schwartz �yy Senior Vice President l avelers i IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. dna, 32400 PASEO ADELANTO �� 1 MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 j SAM ALLEVATO (949)493-1171 I m196a�,1e DIANE BATHGATE (949)493-1053 FAX • Bruusele WYATT HART www,sanjuancapistrano.org 1776 JOE SOTO 0 DAVID M.SWERDLIN May 12, 2006 Johnson-Peltier 12021 South Shoemaker Ave. Santa Fe Springs, CA 90670 Re: Completion of the Captain's Hill Pump Station Electrical Replacement Project Dear Sirs: At their meeting of April 18, 2006, the City Council of the City of San Juan Capistrano adopted Resolution 06-04-18-01 accepting the work as completed for the Captain's Hill Pump Station Electrical Replacement Project for the total cost of $119,539.00. A copy of the recorded Notice of Completion is enclosed for you records. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on April 25, 2006; therefore, the final payment in the amount of $4,076.00 may be released on May 30, 2006. y u ave any estions, please do not hesitate to call. y u is u ara, Deputy City Clerk cc: Kathleen Springer, Acting Public Works Director Joe Mankawich, Associate Engineer [Dottie Shaw, Accounting Clerk San Juan Capistrano: Preserving the Past to Enhance the Future t•.Rmaaa nn inn-/.R....mn P,na Jwrn 32400 PASEO ADELANTO i �� t!y MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (948)4831171 (949)493-7053 PAX m[OROAR(1 DIANE BATHGATE www.sanjuancapistrano.org 776`0JOE- I 1961 SOTART • JOE OTO • DAVID M.SWERDLIN April 20, 2006 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Notice of Completion — Captain Hill Pump Station/Johnson-Peltier SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. Think you for V our assistance. e I yU.S. Postal Service�. CERTIFIED MAILT. RECEIPT )a Gu D' (Domestic Mail Only,No insurance coverage Provided) =I- D Deputy C. Clerk to m Cc: Joe Mankawich, Associate Engineer .0 Postage $ 0 C3 Ce10ed Fee 2 �� C3 Postmark O Return Receipt Fee ' Here (Endorsement Required) Z3 Restricted Delivery Fee r-1 (Endorsement Required) u'1 • �S1Total Postage&Fees $ S 0 r -e-n-t--T-o-L-- �C`o --------- Street,Ap ----- --------------- _ t. '0- p POBoxN0 -�iY,Slate:=-- ce< cE� aZo . See Reverse for San Juan Capistrano: Preserving the Past to Enhance the Future I�j Printed on 100%Recvcled Paper dVa.► 32400 PASEO ADELANTO MEMBERS OF THE CIN COUNCIL SAN JUAN CAPISTRANO,CA 92675 /ice A SAM ALLEVATO (949)493-1171 1 toxxx xxrtx DIANE BATHGATE (949)493-1053 FAX mneusxm I 1961 WYATT RT www.sanjuancapistrann.org 1776 EOTO �� • DAVID M.SWERDLIN September 9, 2005 Johnson-Peltier 12021 S. Shoemaker Avenue Santa Fe Springs, CA 90670 Attention: Kevin Peltier Dear Mr. Peltier: A fully executed, original Construction Contract related to the Captain's Hill Pump Station Electrical Replacements is enclosed for your records. Thank you for forwarding documentation confirming current compliance with the terms of insurance and bonding under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. After receiving a Notice to Proceed, you may begin work on the project in coordination with the project manager, Joe Mankawich, Associate Engineer (949) 487-4313. Thank you, Meg n an, CMC City Jerk c ankawich, Associate Engineer y Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future �, Proled on recvcled oaper CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 16th day of August, 2005, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City,"and Johnson-Peltier, hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract.Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. Section 2. Materials and Labor.. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS - PAGE 1 complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: The Captain's Hill Pump Station Electrical Replacements as delineated in the Plans and Specifications prepared by Alexander Engineers, Incorporated, dated May, 2005. Work to include: the replacement of existing power distribution, motor control center, cabinets and panel equipment, operator controls and indicators, solid state motor controller, pressure transmitter, pressure switches, pulsation damper process tubing, programmable logic controller, man- machine interface, conduit, wire, fittings, outlets and pullboxes and all appurtenant work and testing to insure that the installation is complete and operable. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: Plans for Electrical Replacement Captain's Hill Pump Station. Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within One Hundred and Eighty (180) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays. caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS - PAGE 2 Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 3 be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. Section 9. Changes in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 4 Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract., Contractor shall adhere strictly to the Plans and Specifications, unless a change thereto is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 5 allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Two Hundred and Fifty Dollars and No Cents ($250.00) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of One Hundred Fifteen Thousand Four Hundred and Sity-three dollars and no cents ($115,463) as itemized on the attached Exhibit "A." Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. Pa menta shall be made on demands drawn in the manner Y required by law, accompanied by a certificate signed by the City's Engineer, stating that CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS /AGREEMENT AND BONDS -PAGE 6 the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. 5-utstitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. Davis-Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 7 met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 8 F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et sea.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wa-ges: Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 9 guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 10 foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 Public Liability, in the form of $1,000,000, per occurrence, or either Comprehensive General alternatively, Liability or Commercial General $1,000,000 aggregate, separate Liability written on a per-occurrence for this project. basis Automobile liability, including $1,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS - PAGE 11 to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, mater61men, or any other claimant or Penholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include 'a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS- PAGE 12 to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 13 Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et sea., regarding resolution of construction claims for any claims which arise between the Contractor and the City. Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works To Contractor: Kevin Peltier Johnson-Peltier 12021 S. Shoemaker Ave. Santa Fe Springs, CA 90670 CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 14 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: Wy Hart, Mayor CONTRAS OFA �p By: /-5e i eitier, Vice President AT By: Mar aret . Monahan, City Clerk APP OV D AW10 A10FORM: By: John R. SI aw, City Attorney CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 15 BID This is EXHIBIT A,consisting of one page, referred to In made and a part of the AGREEMENT betweantheOWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with the City in the form included In the Contract Documents(as defined In Article 4 of the Agreement) to perform the Work as specified or Indicated in said Contract Documents entitled: CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS G.I.P. 767 Bidder accepts all of the terms and conditions of the Contract Documents,including without limitation those In the Notice Inviting Bids and the Instructions to Bidden:dealing with the dispbaillon of the Bid Security. This Bid will remain open for the period stated In the Notice InWdng Bids,unless otherwise required bylaw. Sidderwill enter into an Agreement within the time and in the manner required in the Instructions to Bidders,and will furnish the insurance certificates, Payment Bond,Performance Bond,and all Permits required by the Contract Documents. Bidder has examined copies of ON the Contract Documents,including the follovring Addenda(receipt of which is hereby acknowledged): Number 1 Data 6/22/05 Number 2 Date 7/11/05 Number Date Number Date Bidder has famifrarized itself with the nature and extent of the Contract Documents,the work,the eke,the locality where the Work Is to be performed,the legal requirements(federal,state,and local laws,ordinances,rubs,and regulations), and the conditions affecting cost,progress,or performance of the Work,and has made such independent bwest gations as Bidder deems necessary. In conformance with the current statutory requirements of California tabor Cade Section 1860,at seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code.which require every employer to be insured against liability for worker's compensation,or to undertake self-Insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing,and including all Bid Schedule(s),Ust of Subcontractors,Non-collusion Affidavit.Bidder's General Information,and Bid Bond contained M these Bid Forms,said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents,and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Priests) named in the aforementioned Bidding Schedule(s). Dated: 7/20/05 Bidder. JOHNSON—PELTIER Electric By Kevin P tie (Signature) Tro� ice—President CAPTAIN'S HILL PUMP STATION SID DOCUMENTS ELECTRICAL REPLACMENTS BID(PROPOSAL)PAGE 1 BID SCHEDULE CAPTAINS HILL PUMP STATION ELECTRICAL REPLACEMENTS Value Item Total 1) Engineering & Submittals 3 17,989.00 2) Utility Service, MCC & PCP $ 3) PLC & HMI Programming $ 82;030.00 9,702.00 4) Startup &Verification $ 5,742.00 Total Quotation Price $ 115,463.00 The value item listed on this Schedule of Values Form shall contain complete lump-sum amounts for furnishing all material, labor, engineering, hardware, calibration, installation and equipment required to complete each item as indicated in the Contract Documents. The undersigned has checked carefully all figures inserted in the Schedule of Values form and acknowledges receipt of all Addenda to the Contract Documents. Dated --U.2019- n05 —�� ' Signature ,/� -% l•—•-----^-- K vle3"'tier Company 1JVHNSON-PELTIER Electric Title Vice-President CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS BID(PROPOSAL) PAGE 2 JOHNSON—PELTIER Electric INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Seofon 4700,et seq.,of the Pubic Contract Code,the Bidder shall 10 below bre name and business address of each eubcordractorwho wp perform Work underthis Bid in smom ofonefiaCofone percent of the Conhsclois Total Bid Price,and shei also list etre porion of the Work which wID be done by such subaorroaClor. Afbrthe opening of Beds, no changes or sub=bns wp be ebwed acept as otherwise PFU Med by kms. The Bating of mora then one subconbactorforesch dem of Work to be pwfomied wkh Me woM$"wxWw1 not be pwnmd.Falaeto cm*wBhtib requirement wN renderthe BN as non-responsive and n"rause its Memon. Contractor's License Work to be Perfomod Number Subcoatradors Name 8 Address 1 I & C Subcontrator 807306 Northern Digital Inc. 4520 California Ave. Suite #200 B�Lnrcfiei,h,_,rA 9a'tn4-1190 Z 3 4 6 6 7 CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS UST OF SUBCONTRACTORS—PAGE 3 6 N NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WfTH BID State of California ) } as. CountyofLos Angeles ) t Kevin Peltier being Tirst duly swom,deposes and says that he or she Is I Vice-President Of JOHNSON-PELTIER Electric ric . the party making the foregoing Bid,that the Bid is not made in the interest of,or on behalf of,any undisclosed person,partnership, company,association,organization,or corporation:that the Bid Is genuine and not collusive or sham;that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid,and has not directly or indirectly colluded, conspired,connived, or agreed with arty Bidder or anyone else to put in a sham Bid,or that anyone shall refrain from bidding;that the Bidder has not in any manner,directly or indirectly, sought by agreement communication,or conference with anyone to fix the Bid prim of the Bidder or any other Bidder, or to fix any ovedwad, profit, or cost element of the Bid price,or of that of any other Hldder, or to secure any advantage against the pubic body awarding the Contract of anyone interested In the proposed Contract; that all statements contained in the Bid are hue; and,further,that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,or paid,and will not pay,any fee to any corporation,partnership,company, association,organization,bid depository,or to any member or agent thereof,to effectuate acollusive or sham Bid. Bidder JOHNSON-PELTIER Electric By Kevin Peltier <` Title Vice-PresideZt Organization JOHNSON-PELTIER Electric Address 12021 S. Shoemaker Ave. Santa Fe Springs, CA 90670 CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS NOW COLLUSION AFFIDAVIT-PAGE4 Bond No.: 234132-1 BID BOND KNOW ALL MEN BY THESE PRESENTS, That Johnson-Peltier as Principal,and American Contractors Indemnity Company as Surely,ani held and firmly bound unto The City of San Juan Capistrano,hersinartar called the"Owner"in the gum of (10%)Ten percent of the attached bid amount not to exceed Thirteen Thousand Two Hundred&001100($13,200.00) dollars Inot leeethen 1 c pe nI of the iota!srrbur. of the bW) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors,and assigns,Jointly and severally,firmly by these presents. WHEREAS,said Prindpal has submitted a Bid to said Owner to perform the Work required under the Bid Schadule(s)of the Owner's Contract Documents entitle!: CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS CIP NO.767 NOW THEREFORE, If said Principal is awarded a Contract by said Ownar, and within the time and In the manner required In the"NoOce Inviting Blds"and the"Instructions to Bidders"enters Into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance,and tumishes the raquired Performance Bond and Payment Bond,(iter!thisob4gafion shall be null and void.otherwise it shall remain in full force and effect. In the event suit Is brought upon this Bond by said Owner,and Owner Prevails,said Su"shall pay all hosts Incurred by saw owner in sues aW%including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED,this 19th day of Job. .2005 ns - (SEAL) (SEAL AND NOTARIAL ` (SEAL) ACKNOWLEDGMENT OF SURETY) im we (SEAL) (SEAL) I Anoeniel,C ntrA . Company -�-� -'M•fk Richardsot,Attorrr y-in-Fact (319nihus) CAPTAIN'S HILL PUMP STATION BID DOCUMENTS—BID BOND ELECTRICAL REPLACMENTS PAGE 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California County of LOS ANGELES ss. i 111 I I �I On JULY 19, 2005 before me, LISA J. STRUTMAN, NOTARY PUBLIC Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") I personally appeared KIM ROWELL Name(s)of Signeas) ,I C personally known to me ❑ proved to me on the basis of satisfactory evidence I to be the person(s) whose name) is/&w subscribed to the within instrument and acknowledged to me that the/she/1lbetp executed the same in bis/her/tlxsix authorized capacity(ies), and that by his/her/tbeir (' LISA J. STUTMN signature(s) on the instrument the personks), or I581R151000mm0n# the entity upon behalf of which the Person(s) '1 LigaNotary Public-Canlornla acted, executed the instrument. Los Angeles County ,MYCOMM-EXPWOSAU929,20081 WITNESS my hand and official seal. Place Notary Seal Above ignature of Notary Public OPTIONAL (, Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I, I Document Date: Number of Pages: 'I I I Signer(s) Other Than Named Above: II 1. Capacity(les) Claimed by SignerI Signer's Name: ❑ Individual • I; Top of thumb Here ❑ Corporate Officer—Title(s): '.( I ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact 1' ❑ Trustee ❑ Guardian or Conservator i, ❑ Other: Signer Is Representing: I' I I 1 O 1999 National Notary Association•9350 Be Salo Ave.,P.O.Box 2402•Chetsworlh,CA 91313-2402•wmv.nalianalbciyyor9 Prod No,5907 Banner:Call 1011-Free 1000-876"889 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On l\l before me Stephanie Pham, Notary Public DATE NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) 0 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 STEPHANIE P authorized capacity(ies), and that by his/her/their HAM�� COMM.# 1384040 V signature(s) on the instrument the person(s), or the Notary Publlc•CalItornia MOyrComam.Expires entity u half of which the person(s) acted, NOVEMBER s Zoos exec ed t Instrument. WITN and fficial seal. Place Notary Seal Above gna ure of NotaryPublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE American Contractors Indemnity Company 9841 Airport Blvd.,9's Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW ALL,MEN BY THESE PRESF.N'I S: That American Contractors Indemnity Companv of the State of Califomia,a California corporation, does hereby appoint, Mark Richardson or Eric Lowey its true and lawful Anomey(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,rccognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S ***2,0()0000.00***Dollars This Power of Attomey shall expire without further action on March 1 R.2007. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the b"' day of December, 1990. "RES01,4'F.C1 that the Chic, lExecutive QIfir er.Resident ar any Vire President.Executive Tice Pea.+'idem,Secrelnrn or A.ccislnnl.Secretm);.shall have the power and authorip, 1. To appoint Aaunnn•(s)-in-4irca and to authorire them to erecute on behalf nf7he Cnmpom,. and atrueb the seal al the Company thereto, hands and tmelertukings,uonn'nets oj'indenaury and other u•ritngs obligor uhv in the nuture rhereofand, ?. 7a remove,at any time.ani-such Artorvurc-in-Fuer and revoke the uu(horliy given. RES'OLVE'D FURTHER. that the signanhres of such ollicers and die seal of the C'ompunr may be affixed to any.such Power o/Attorney or vertifleate relating thereto ht!loevimile, and ani,xach Po,e, ofAvnrnev at certificate bearing such locximile signmm'es n,ldcsimile seal shall he valid and binding ,gran the Company and arm sorb pnoer so erecuhed and certified h+.locsimile signatures rend facsimile seal shall he valid and binding upon the Conepanv in rhe Jiaur'a+with respect ro any hand or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15'day of December,2003. e AMERICAN C NTRACTORS INDEMNITY COMPANY By' Robert F.T omas,Chief Executive Ofticer STATE OF CALIFORNIA § COUNTY OF'LOS ANC;ELES § On this 15"day of December 2003,before me, Deborah Reese,a notary public,personally appeared Robert F.Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. DEWRAH REESE -�,t ! Carrm4rlat M 1406149 //t �[/�_��e Rotay Pudgy•coEtonNa z{_ Signature of Notary Lm ,ex County My Commission expires March 18 2007 almy Comtn.ExpYer Mar 16.2007 1,Jeannie J.Kim,Corporate Secretary of American Contractors Indemnity Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above,are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hercunlo.set my hand this 19th day of--July 11 12005 . Kin Bond No._ 234132-1 Jeanne 1.. Kim,Co poste Secretary Agency No. 43018 _ Mc van u.un.+ American Contractors Indemnity Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION To verify the validity of this Bond or to assert a claim, call the Surety's toll free telephone number or write to the Surety: American Contractors Indemnity Company 9841 Airport Blvd., 91" Floor Los Angeles, CA 90045 800-486-6695 ------------------------------------------------------------------------------------------- Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: American Contractors Indemnity Company, U. S. Specialty Insurance Company, and any other company for which surety business is underwritten ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. --------------------------------------------------------------------------------------- Exclusion of Liability for Mold, Mycotoxins and Fungi Notwithstanding anything to the contrary in the contract referred to and/or incorporated into the Bond, the Rnnd to whinh this Rider is attached dnes not provide rnvera0e for, and the Issuing Sureties thereon shall not be liable for: molds, living or dead fungi, bacteria, allergens, environmental contaminants, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause Its rejection. 1. BIDDERICONTRACTOR'S Name and Street Address: JOHNSON-PELTIER Electric 12021 S. Shoemaker Ave. Santa Fe Springs, CA 90670 2. CONTRACTOR'S Telephone Number. ( 562 ) 944-1208 Facsimile Number. ( 562 ) 944-3408 E-mail address kpeltier@johnson-peltier.com 3. CONTRACTOR'S License: Primary Classification State License Number(s) 168893 Supplemental License Classifications C-10 4. Surety Company and Agem who will provide the required Bonds on this Contract Name of Surety Pinnacle Surety & insurance- Services Address 151 Kalmus Drive Suite A-201 Costa Mesa, CA 92626-1977 Surety Company Agent Esmeralda Ureno Telephone Numbers: Agent( 714 ) 546-5100 Surety{ ) 5. Type of Firm(individual, Partnership or Corporation): Corporation 6. Corporation organized under the laws of the State of California 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: Howard Peltier President _Kevin Peltier Vice-President Kim Rowell Sec./Treas. CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS GENERAL BID INFORMATION PAGES BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 48 years e. List at least three related projects of comparable size and complexity completed to date: 1. Owner Address Capistrano Valley Water 32240 Paseo Adelanto, Suite C Contact District Class of work Chris Costello Electrical / Instrumentation Phone(-' 14 1 206-8525 Contract amount De-Salter Proejct 1.8 Million Project(_ Date completed 9/2n/05 2. Owner Tuan Address Contact 15600 Sand Canyon Ave. David Mazzarella Class of work Phone( 949 1 453-5569 Electrical Power / Instrumentation Contract amount Project(_� 250,000.00 Date completed 3/1/04 3. Owner Address Miller Brewery Company 1580 East Irwindale Ave. Contact Class of rwin a e, Jeff Jolly work Power/Instrumentation Phone( k2LJ Contract amount 969-4334 900,000.00 Project i_____) Date completed X20/05 10. List the name and title of the person who will supervise full-lime the proposed work for your firm: David Wenderlich 11. Is full-time supervisor an employee xx contract services_7 12. A financial statement or other Information and references sufficiently comprehensive to permit an CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS GENERAL BID INFORMATION PAGE 7 I • • 4/18/2006 AGENDA REPORT D7 TO: Dave Adams, City Manager�6 FROM: Kathleen Springer, Acting Public Works Director SUBJECT: Consideration of Change Order No. 1 and Notice of Completion for the Captain's Hill Pump Station Electrical Replacement Project (Johnson- Peltier) (CIP# 767) RECOMMENDATION: By motion, 1. Ratify Change Order No. 1 for a total increase of $4,076.00, and transfer funds in this amount from the Water Replacement Fund to Captain's Hill Pump Station Electrical Replacement Project (CIP#767); and, 2. Adopt a Resolution declaring the work complete for the Captain's Hill Pump Station Electrical Replacement Project (CIP# 767); and, 3. Direct the City Clerk to record the Notice of Completion. SITUATION: On August 16, 2005, the City Council awarded the construction contract for the Captain's Hill Pump Station Electrical Replacement Project to Johnson-Peltier in the amount of$115,463. Fabrication of the electrical cabinets and equipment for the project took approximately four months to complete. Installation commenced on January 25, 2006, and Johnson- Peltier worked steadily towards completion on February 14, 2006. During construction, the Public Works Department elected to install the antenna, programming and radio necessary to provide full Supervisory Control And Data Acquisition (SCADA) integration of this pump station. Staff had originally considered installation of this equipment as a part of a future SCADA upgrades project. Because this would mean additional disruption to the neighborhood and additional costs, staff determined it best to proceed, rather than wait. The cost for this extra work was $4,076. Therefore, the final cost for construction is $119,539. Staff is recommending ratification of Change Order No. 1 and for the contract work to be declared complete by adoption of the attached resolution. COMMISSION REVIEW AND RECOMMENDATIONS: N/A AGENDA REPORT • • April 18, 2006 Page 2 FINANCIAL CONSIDERATIONS: The FY 2005/2006 Water Capital Improvement Budget provides $348,000 in funding for the Undefined Water Replacement Projects (CIP #767). This project was funded as a part of this CIP. Staff requests that an additional $4,076 be transferred from the Water Replacement Fund to the Undefined Water Replacement Projects (CIP #767) to cover the costs for Change Order No. 1. NOTIFICATION: Johnson-Peltier RECOMMENDATION: By motion, 1. Ratify Change Order No. 1 for a total increase of $4,076.00, and transfer funds in this amount from the Water Replacement Fund to Captain's Hill Pump Station Electrical Replacement Project (CIP# 767); and, 2. Adopt a Resolution declaring the work complete for the Captain's Hill Pump Station Electrical Replacement Project (CIP# 767); and, 3. Direct the City Clerk to record the Notice of Completion. Respectfully Submitted, Prepared b� Ka leen Springer (J !� Joe Mankawich Acting Public Works Director Associate Engineer Attachment: 1. Resolution 2. Notice of Completion 3. Change Order No. 1 RESOLUTION NO. 06-04-18-01 A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS PROJECT (CIP NO. 767) (JOHNSON- PELTIER) WHEREAS, on the 16"' day of August, 2005, the City of San Juan Capistrano entered into a contract with Johnson-Peltier, for the Captain's Hill Pump Station Electrical Replacement Project; and, WHEREAS, the Engineer has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City of San Juan Capistrano as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is in the amount of$119,539.00. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 18th day of April 2006. DAVID M. -RDLIN, MAYOR ATTEST: MA CARET R. MONAHAN, CITY CLERK Page 1 of 1 04-18-2006 STATE OF CALIFORNIA COUNTY OF ORANGE )ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No.06-04-18-01 was duly adopted by the City Council of the Cityof San Juan Capistrano at a Regular meeting thereof, held the 18t" day of April 2006, by the following vote: AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin NOES: COUNCIL MEMBER: None ABSENT: COUNCI BER: None ARG RET R. MONAHAN, City Clerk RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only Title of Document: Notice of Completion Contractor: Johnson-Peltier 12021 South Shoemaker Ave. Santa Fe Springs, CA 90670 Project: Captain's Hill Pump Station Electrical Replacements Project. THIS PAGE IS THE COVER PAGE FOR ALL CITY RECORDED DOCUMENTS ATTACHMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Johnson-Peltier, 12021 South Shoemaker Ave. Santa Fe Springs, CA 90670 for the construction of the Captain's Hill Pump Station Electrical Replacements Project. That said work was completed on February 14, 2006, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 18`" day of April , 2006, by Resolution No. That upon said contract, the American Contractors Indemnity Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this_day of April 2006. Margaret R. Monahan, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this day of April 2006. Margaret R. Monahan, City Clerk City of San Juan Capistrano January 26, 2005 City of San Juan Capistrano Captain's Hill Pump Station Electrical Replacement Project Contract Change Order No. 1 CONTRACTOR: Johnson-Peltier This Change Order covers changes to the subject contract as described herein. The Contractor is to construct or furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for the prices agreed upon between the Contractor and the City. The additional work contained within this Change Order can be performed incidental to the prime work and within the time allotted for the original Contract and any extensions to the Contract Time made by this and all previously issued Change Orders, if any. It is therefore mutually agreed that the number of calendar days extension of time, if any, provided for in this Change Order is required for the change of work provided herein, and that no direct or indirect, incidental or consequential costs, expenses, losses or damages have been or will be incurred by Contractor, except as expressly granted and approved by this Change Order and, further, that the payment under this Change Order is the final and complete compensation for the subject work. In accordance with the contract provisions, the following changes in the contract and/or contract work are hereby authorized and as compensation, the following additional to or deductions from the contract price are hereby approved. Item Description Amount Install Data Concentrating Programming 1) Install SCADA Programming Install Radio System Installation $4,076.00 Operational testing and Setup Total for Change Order No. 1 $4,076.00 The original cost for this work was: $115,463 The cost of amendments/change order(s)to date is: $ 0 The cost of this amendment/Change Omer No 1 is: $ 4„076 Upon approval, the total cost of this project is: $119,539 ATTACHMENT The Contractor agrees to furnish all labor and materials and to perform all other necessary work required to complete the Change Order items. This document will become a supplement to the contract and all provision will apply hereto. It is understood that the Change Order shall become effective when approved by the City. RECOMMENDED: 2 1 Kathleen Springe Actin Public Works Director Date ankawich, Associate Engineer Date Johnsin-Pekier, Contractor Date Johnson-Peltier AP Electrical Contractor January 26, 2006 City of San Juan Capistrano Public Works Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Mr. Joe Mankawich Associate Engineer Subject. Captain Hi//Pump Station Electrical Replacement Project Northern Digital Antenna Gentlemen, Johnson-Peltier is pleased to submit a Lump Sum Price of $ 115,463.00 for the above mentioned subject project. We have reviewed all bid documents, drawings and information gathered on the job walk. We have included labor, material, tools, and equipment as necessary for the electrical installation as outlined in the drawings. C.O. #22772-001 — Changes to Scope of Work for Northern Digital Inc. + $ 4,076.00. C.O. #22772-002 — Antenna NA $ 115,463.00 Northern Digital Change Order #1: + $ 4,076.00 Northern Digital Change Order #2: NA Lump Sum Price: $ 119,539.00 Clarifications / Exclusions: • All work will be done during normal daytime hours. All overtime is excluded. • This proposal excludes all patching and painting. • Conduits to existing motors and equipment are to be reused when possible. • This proposal is for the SWBD and Meter Section to be located inside the existing structure. If you have any questions please feel free to contact me. Sincerely, JOHNSON-PELTIER Dave Wenderlich Estimator/Project Manager dwenderlich(a)iohnson-oeltier.com S:\WORD\DAVE\san juan 71305.doc 12021 S.Shoemaker Ave.Santa Fe Springs,CA 90670\License 168893\Phone: (562)944-3408 Fax: (562)944-1208 ! elsee A • 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /�/ SAM ALLEVATO (949)493-1171 f✓b' (949)493-1053 FAXV"ATL5'" IOfOAionA1(0 DIANE BATHGATE www.sanjuancapistrano.org 17176to 1961 JOSS HART • OE SOTO DAVID M.SWERDLIN NOTIFICATION OF MEET OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on April 18, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Change Order No. 1 and Notice of Completion for the Captain's Hill Pump Station Electrical Replacement Project (Johnson-Peltier) (CIP# 767)" —Item No. D7. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, April 17, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanouancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council- agendasCo sanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Johnson - Peltier; Joe Mankawich, Associate Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future �, Printed on recycled paper 32400 PA5E0 ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493-1171 ,/jpr SAMTO (949)493-1053 FAX15I IA[O1R1i0AA1E4 DIANEE BATHATHGATE fS1AAtI1161 JOEVVYATT SOTART w. wwsanjuancapisirano.org 17766 " JOE SOTO • DAVID M.SWERDLIN April 19, 2006 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On April 19, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of Change Order No. 1 and Notice of Completion for the Captain's Hill Pump Station Electrical Replacement Project (Johnson-Peltier) (CIP# 767)" Item No. D7. The following action was taken at the meeting: Changer Order No. 1, for a total increase of $4,076.00 ratified; transfer of funds in this amount from the Water Replacement Fund to Captain's Hill Pump Station Electrical Replacement Project (CIP No. 767); Resolution No. 06-04-18-01 adopted declaring the work complete for the Captain's Hill Pump Station Electrical Replacement Project; and the City Clerk directed to process recording of the Notice of Completion. If you have any questions regarding this action, please contact Joe Mankawich, Associate Engineer at 487-4313 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Enclosed: Cc: Johnson - Peltier; Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future �� Pnntetl on recycled paper 0 8/16/2005 D13 AGENDA REPORT TO: Dave Adams, City Manag� c�� FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Award of Construction Contract for the Captain's Hill Pump Station Electrical Improvements (Johnson-Peltier) (CIP#767) RECOMMENDATION: By motion, approve a construction contract with Johnson-Peltier for the Captain's Hill Pump Station Electrical Replacements (CIP #767) in the amount of$115,463. SITUATION: On May 24, 2005, the City Council approved the plans and specifications and authorized the City Clerk to solicit bids for the construction of Captain's Hill Pump Station Electrical Improvements. Staff sent bid invitations to nineteen regional electrical contractors of high regard. Phone calls were made to each of these firms to inspire interest in the project. Nine contractors procured copies of the plans and specifications for the project. On July 20, 2005, the City Clerk received one bid for the Captain's Hill Pump Station Electrical Replacements. Johnson-Peltier's bid of $115,463 falls within the budgeted amount for the project. Johnson-Peltier's reputation as a conscientious contractor is well-known. They have recently performed work as the electrical subcontractor on the San Juan Basin Groundwater Recovery Project, where they performed their work in an efficient manner. Staff, therefore, recommends award of the construction contract for the Captain's Hill Pump Station Electrical Replacements (CIP #767) to Johnson-Peltier in the amount of$115,463. Staff has determined the project to be categorically exempt from environmental review based upon Section 15301, Class 1(c), of the California Environmental Quality Act (CEQA) Guidelines, which exempts the repair of existing facilities. A notice of exemption was posted with the Orange County Recorder on August 1, 2005. COMMISSION REVIEW AND RECOMMENDATIONS: The Water Advisory Commission, at their July 26, 2005, meeting recommended award of the construction contract for the Captain's Hill Electrical Replacements (CIP #767) to Johnson-Peltier in the amount of$115,463. AGENDA REPORT August 16, 2005 Page 2 FINANCIAL CONSIDERATIONS: The FY 2005/2006 Water Capital Improvement Budget provides $348,000 in funding for the Undefined Replacement Water Projects (CIP #767). The design costs for the Captain's Hill Electrical Replacements are $14,220. The $115,483 cost for construction falls within the amount budgeted for the project. NOTIFICATION: Johnson-Peltier RECOMMENDATION: By motion, approve a construction contract with Johnson-Peltier for the Captain's Hill Pump Station Electrical Replacements (CIP #767) in the amount of$115,463. Respectfully Submitted, Prepared by, Amy Amirani oe Mankawic Public Works Director Associate Engineer Attachment: 1. Location Map 2. Construction Contract Location Map N WE S O � Za G s dm n $ DEL.AVJCA4 "t Project Location STpNEHI� - e City Boundary _ _ mss Streets Creeks 0 3000 6000 Feet RIM ATTACHMENT CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 16th day of August, 2005, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and Johnson-Peltier, hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 1 ATTACHNENT 2 complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: The Captain's Hill Pump Station Electrical Replacements as delineated in the Plans and Specifications prepared by Alexander Engineers, Incorporated, dated May, 2005. Work to include: the replacement of existing power distribution, motor control center, cabinets and panel equipment, operator controls and indicators, solid state motor controller, pressure transmitter, pressure switches, pulsation damper process tubing, programmable logic controller, man- machine interface, conduit, wire, fittings, outlets and pullboxes and all appurtenant work and testing to insure that the installation is complete and operable. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: Plans for Electrical Replacement Captain's Hill Pump Station. Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within One Hundred and Eighty (180) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS- PAGE 2 Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractors work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS - PAGE 3 be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. Section 9. Chances in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 4 0 • Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change thereto is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 5 0 allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Two Hundred and Fifty Dollars and No Cents ($250.00) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of One Hundred Fifteen Thousand Four Hundred and Sity-three dollars and no cents ($115,463) as itemized on the attached Exhibit "A." Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 6 the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. Davis-Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 7 0 met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailina Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 8 F. Workdav: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages; Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 9 • • guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 10 foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 Public Liability, in the form of $1,000,000, per occurrence, or either Comprehensive General alternatively, Liability or Commercial General $1,000,000 aggregate, separate Liability written on a per-occurrence for this project. basis Automobile liability, including $1,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS - PAGE 11 to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Secti n 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS - PAGE 12 to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 13 Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et sea., regarding resolution of construction claims for any claims which arise between the Contractor and the City. Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works To Contractor: Kevin Peltier Johnson-Peltier 12021 S. Shoemaker Ave. Santa Fe Springs, CA 90670 CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS - PAGE 14 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: Wyatt Hart, Mayor CONTRAC .0 By: K qui eltier, Vice President ATTEST: J By: Margaret R. Monahan, City Clerk APPROVE q A T FORM: By: —_ John R. Shaw, C14 Attorney CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 15 BID This is EXHIBIT A,consisting of one page, referred to In made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreemerdwilh the City In the form included in the Contract D=rneMs (as defined In Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents entifled: CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS C.I.P. 767 Bidder accepts all of the terms and Conditions of the Contract Documents,including without limitation those In the Notice Inviting Bids and the Instructions to Bidders dealing with the diWoaiNat of the Bid Security. This Bid will remain open for the period staled in the Notice Inviting Bids,undoes otherwise required bylaw. Blederwill enter into an Agreement within the time and In the manner required in the Instructions to Bidders,and Will fumish the insurance certificates,Payment Bond,Performance Bond,and all Permits required by the Conrad Documents. Bidder has examined Copies of 88 the Contract Documents,Including the following Addenda(receipt of which is hereby acknowledged): Number 1 Dale 6/22/05 Number 2 Date 7/11/05 Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents,the Work,the site,the locality where the Work is to be performed,the legal requirements(federal,state,and lord dews,ondmences,rules,and regulations)~ and the Conditions affecting cost,progress,or performance of the Work,and has made such independent investigation as Bidder deems necessary. In conformance with the current sntutory requirements of California Labor Code Section 1850,at ssq.,the undersigned confirms the following as its certification: 1 am aware of the provisions of Section 3700 of the Labor Code,which require ovary employer to be Insured against 6ablllty for workers compensation,orto undertake setdnsurance in accordance with the provisions, before Commencing ttro performance of the Work of this ContracL To all the foregoing,and including all Bid Sekedule(s),Ust of Subcontractors,Non-collusion Affidavit.Bidder's General Information.and Bid Bond contained In these aid Forms,said Bidder furtheragreesto complete the Work required under the Contract Documents within the Contract Time stipulated In said Contract Documents,and to accept In full payment therefor the Contract Price based on the lump Sum or Unit Bid Price(s) tamed in the aforementioned Bidding Schedule($). Dated: 7/20IQ5 Bidder. JOHNSON—PELTIER Electric By Kev�rt'P ' tie (Signature) '� TNe �ce—President I CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACMENTS BID(PROPOSAL)PAGE 1 CITY OF SAN JUAN CAPISTRJS - BID SCHEDULE CAPTAINS HILL PUMP STATION ELECTRICAL REPLACEMENTS Value Item 1) Engineering & Submittals Total S 17,989.00 2) Utility Service, MCC &PCP $ 82;030.00 3) PLC & HMI Programming $ 9,702.00 4) Startup &Verification $ 5,742.00 Total Quotation Price $ 115,463.00 The value Rem listed on this Schedule of Values Form shall contain complete lump-sum amounts for furnishing all material, labor, engineering, hardware, calibration, Installation and equipment required to complete each item as indicated in the Contract Documents. The undersigned has checked carefully all figures inserted in the Schedule of Values form and acknowledges receipt of all Addenda to the Contract Documents. Dated 7/20 11111 2005 —� Signature' ! Re'vixyPeltier Company. JOHNSON-PELTIER Electric Title Vice-President CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS BID(PROPOSAL) PAGE 2 JOHNSON—PELTIER Electric INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As r"Ured wilder Section 4100,et seq.,of Bre Pubtio COnteft Code,the Bidder do fet bMow the nares and bu*en address of eafi eubcontraGorwhow7 perform work underft BM in mom ofone heifofOng percent of me CordracbA ToW Bid Pdrx,and MAN*M11M the portion of the Work which w®be done by vach YubaonirsCbr. AOrthe operYng of Bids, no dmnges Or subMAOns wie be allowed MW ae ulheiwim provided by law. The k1hg of more limn one aubcontractorforeach Ism ofWork tobeperformedwith the worda`MXWwanotbepemulhed.Fai loconpywllr16 requftnWd wry rwmW I e Bid as non-responsive and may corm rb ngadion. cmrt m License Work to be Perfomwd Number Subwffirse s Nome a Address 1 I & C Subcontrator 807306 Northern Digital Inc. 4520 California Ave. Suite 11200 $�LcrcFi elA r rA Qaino—t190 2 3. 4 fit 6 7 CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS UST OF SUBCONTRACTORS—PAGE 3 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) as. County&L Angeles _) t Kevin Peltier being first duly sworn,deposes and says that he or she Is Vice-President of JOHNS.QN-PELTIER Electric . the party making the foregoing Bid,that the Bid is not made in the interest of,or on behalf of,any undisclosed person,partnership, company,association,organization,or corporation:that the Bid is genuine and not collusive or sham;that the Bidder has not directly or Indirectly induced or solicited any other Bidder to put in a false or sham Bid,and has not directly or indirectly colluded,conspired,comnivad,or agreed with any Bidder or anyone else to put in a sham Bid,or that anyone shall refrain from bidding that the Bidder has not in any manner,directly or indirectly, sought by agreement,communication,or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid prim,or of that of any other Bidder, or to secure any advantage against the pubic body awarding the Contract of anyone interested in the proposed Contract that all statements contained In the Bid are true;and,further,that the Bidder has not, directly or indirectly, submitted his or her Bid prica, or any breakdown thereof, or the contents thereof, or divulged Information or data relative thereto,or paid,and will not pay,any fee to any corporation,partnership,company, association,organization,bid depository,or to any member or agent thereof,to effectuate a collusive or sham Bid Bidder JOHNSON-PELTIE�R Electric By. Kevin Peltier Title Vice-Preside:Ct Organ¢abor JOHNSON-PELTIER Electric Address 12021 S. Shoemaker Ave. Santa Fe Springs, CA 90670 CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS NOW COLLUMONAFFIDAVIT-PAGE 4 Bond No.:234132-1 BID BOND KNOW ALL MEN BY THESE PRF.8EMTN That Johnson-Peltier as Principal,and American Contractors Indemnity Company as Sursly,are held and firmly bound unto The Cily of San Juan Capistrano,hereinafter called the"Owner^in the Bum of (10%)Ten percent of the attached bid amount not to exceed Thirteen Thousand Two Hundred&00/100($13,200.00) dollars loot lesethwn l0 pe cent of the oftl r row of the bid) for the payment of which sum, watt and truly to be made, we bind ourselves, our heirs, executors, administrators,successors,and assigns,Jointly and severally,fl"by these presents. WHEREAS,said Principal has submitted a Bid to said Owner to perform the Work required under the Bid Schedule(*)of the Owner's Canh Documents entitled: CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS CIP NO.767 NOW THEREFORE, If said Principal Is awarded a Centrad by said Owner, end within the time and In the manner required In the"Notice Inviting Rids"and the"Instructions to Bidders"enters Into a written Agreement on the Form of Agreement bound with sold Contract Documants, fumtshes the required Certificates of Insurance,and fumiahea the required Performance Bond and Payment Bond,then this obligation shall be null and void,otherwise it shall remain in full force and~. In the event suit b brought upon this Bond by said Owner,and Owner prevails,said Surely shall pay all oasts Incurred by said Owner in such suit,including a reasonable attorneys fee to be fixed by the avert SIGNED AND SEALED,this. 19th day of .lnly 2005 /Jn1 son-P (SEAL) (SEAL AND NOTARIAL — i(..Cy] ,/'P. / UEAL) ACKNOWLEDGMENT OF SURETY) lm �Sw (SEAL) (SEAL) p+lespu A r enicin C ntrli .mnity Company e M kRichardsor(,Attorney-in-Fact (Soum a ) CAPTAIN'S HILL PUMP STATION BID DOCUMENTS—BID BOND ELECTRICAL REPLACMENTS PAGE 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES ss. IIS J �i On JULY 19, 2005 before me, LISA J. STRUTMAN, NOTARY PUBLIC Dale Name and Title of Officer tog.,"Jane Doe,Nctery,Public") personally appeared KIM ROWELL Name(e)of 5igner(.) J personally known to me ' ❑ proved to me on the basis of satisfactory evidence to be the persons) whose name) is/ane subscribed to the within instrument and acknowledged to me that he/she/tlhl executed the same in his/her/tlxeix authorized capacity(ies), and that by lois/her/their LISA J. STRUTfvtAN signature(sa on the instrument the person(ts), or Commission o t5t056 the entity upon behalf of which the persons) Notary Puiblic-California acted, executed the instrument. Los Angeles County My Comm.Expires Aug 29,2008 WITNESS my hand and official seal. Place Notary Seal AboveC��ignature of Notary Public OPTIONAL v / Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 1 Description of Attached Document Title or Type of Document: Document Date: Number of Pages: I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: :•- ❑ Individual - �j Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I� Signer Is Representing: ®1999 National NotaryAssociation•9360 Oe Soto Avo.,PO.Bax 2402•Ctratsworth,CA 913132402•w uationalnotar,om Prod.No.597 Reorder:Cell Toll-Free 1-800-8]6682] CALIFORNIA ALL-PURPOT ACKNOWLEDGMENT State of California County of Orange On before me Stephanie Pham, Notary Public DATE , NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) 0 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 STEPHA7PHA authorized capacity(ies), and that by his/her/their N-o P�iisignature(s) on the instrument the person(s), or the orangentity u half of which the persons) acted, 7 My ComNOVEMexec ed t e Instrument. WITN �t�nrLrnd fficial seal. Place Notary Seal Above llgnaLir�e'(;f NotaryPublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL Q ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE American Contractors Indemnity Company 9841 Airport Blvd.,9"Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRFSF.NIS: That American Contractors Indemnity Company of the State of California,a California corporation, does hereby appoint, Mark Richardson or Eric Lowey its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S -*-2.000,000.00***Dollars This Power of Attorney shall expire without further-action on March 18,2007, This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6" day of December, 1990. 'RESOLVF_U tlwt the Chief Erecutive q(fh er.President or any Vice President.Executive Vire President Srcretmr nr A.esis9unt.Scvvclm;r,chat/have the power and maharite 1. To appoint Attamev(s)-in-Fact and to atdhnrme them to eseeute.on hehaff of the Cmnparin and arnrch the seal at the Company rherenr, hands and tcntlertakingy,conou"v ofindenatim and other urinngv obligatory in the nature therea/and, 2. 7a remove,at am-time anv.such Arnu'nev-in-Fact and,evoke the uuthwity given. RF•SOL VE)FURTHER. that the.signuteres(it surh officers and rhe.seal of the Cbrnpanr•mail he affixed to any.sia-h Power of.Attornev or certirreate relating ihereto bi:facsimile.and am such Pmrer of Artorne v or cernJicare hearing such facsimile signafarec or facyimile seal shall he valid and hinding spun the Compton,and any sift h power wt ererlaed mrd certified h,1 flaesimile signatures find,loc:,simile•seal atrtdl he,sthd and binding upon the C'ompanv in the,(aare a ith respect to anv hand or undertukoe,is which it is urfuchcd." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15'"day of December,2003. �0�` 70�/� AMERICAN C NTRACTORS INDEMNITY COMPANY IXNRPaG1Ea i w $EPf.21i,199E By: �y .p RobertF. omas,Chief Executive Officer STATE OF CALIFORNIA ,• § COUNTY OF LOS ANGELESe , On this 15"' day of December 2003,before me, Deborah Reese,a notary public,personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal- DEPOW RUSE CamtnMtm♦14015149 ✓�y/1 a L.�--,_ Rowe weac•C-11 o Signature of Notary Lw Ang"County My Commission expires March 18 21107 Mr Corntn.ExpMMa l E,2007 1,Jeannie J-Kim,Corporate Secretary of American Contractors indemnity Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above,are true and cornet transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 19th day of__Jul ,2005 . I Z1 In Bond No. 234132-1 _ Jeanne J. Kim,Co orate Secretary Agency No. 43018 _ American Contractors Indemnity Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION To verify the validity of this Bond or to assert a claim, call the Surety's toll free telephone number or write to the Surety: American Contractors Indemnity Company 9841 Airport Blvd., 9'" Floor Los Angeles, CA 90045 800-486-6695 ---------------------------------------------------------------------------------------- Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: American Contractors Indemnity Company, U. S. Specialty Insurance Company, and any other company for which surety business is underwritten ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%)of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins and Fungi Notwithstanding anything to the contrary in the contract referred to and/or incorporated into the Bond, the Pond to which this Rider is attached does not prnvidp rnvera0e for, and the Issuing Sureties thereon shall not be liable for: molds, living or dead fungi, bacteria, allergens, environmental contaminants, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. BIDDER'S GENERAL INFORMATION The Bidder shall famish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause Its rejection. . 1. BIDDER/CONTRACTOR'S Name and Street Address: JOHNSON-PELTIER Electric 12021 S. Shoemaker Ave. Santa Fe Springs, CA 90670 2. CONTRACTOR'S Telephone Number. ( 562 ) 944-1208 Facsimile Number. ( 562 ) 944-3408 E-mail address kpeltier@Johnson-peltier.com 3. CONTRACTOR'S License: Primary Classification State License Number(s) 168893 Supplemental License Classifications C-10 4. Surety Company and Agent who will provide the required Bonds on this Contract Name of Surety Pinnacle Surety & insurance- Services Address 151 Kalmus Drive Suite A-201 Costa Mesa, CA 92626-1977 Surety Company Agent Pameral da Ureno Telephone Numbers: Agent( 714 ) 546-5100 Surety( ) 5. Type of Firm(Individual, Partnership or Corporation): Corporation S. Corporation organized under the laws of the State of California 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or fine: Howard Peltier President _Kevin Peltier Vice-President Kim Rowell Sec./Treas. CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS GENERAL BID INFORMATION PAGE ONSON—PELTIER Electric BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 48 years e. List at least three related projects of comparable sae and complexity completed to date: 1. Owner Address Capistrano Valley Water 32240 Paseo Adelanto, Suite C Contact District Class of work Chris Cnctelln Electrical / Instrumentation Phone( 714 1 206-8525 Contract amount De-Salter Proejct 1.8 Million Project(_) Date completed 8/20/05 2. Owner Tuym Address Contact 15600 Sand Canyon Ave. David Mazzarella Class of work Phone( 4[�9 ) 453-5569 Electrical Power / Tnstrumentation Contract amount Project 250,000.00 Date completed 3/1/04 3. Owner Address Miller Brewery Company 1580 East Irwindale Ave. Contact Clare Of resin a e, LA Jeff Jolly work Power/Instrumentation Phone( 626 ) Contract amount 969-4334 900,000.00 Project(-- Date completed 2/20/05 10. List the name and title of the person who will supervise full-time the proposed work for your firm: David Wenderlich 11. Is full-time supervisor an employee XX contract services_7 12. A financial statement or other information and references sufficiently comprehensive to permit an CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS GENERAL BID INFORMATION PAGE 7 I 0 0 5/17/2005 AGENDA REPORT D 15 TO: Dave Adams, City Manager QA" FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Approval of Plans and Specifications for the Captain's Hill Pump Station Electrical Improvements (Alexander Engineering, Inc.) RECOMMENDATION: By motion, approve the plans and specifications for the Captain's Hill Pump Station Electrical Improvements, and authorize the City Clerk to solicit bids for the work. SITUATION: The Captain's Hill Pump Station has had a continuing incidence of electrical equipment failures over the past two years. It has been determined that the failures are the result of malfunctioning motor control components. The age of the existing electrical equipment is making it difficult to keep the station in working order due to a lack of availability of replacement parts. The existing pumps are operational and do not require replacement at this time. The pumps will be utilized to the extent of their operational lives to get the most value from them. This pump station was constructed in 1974 and is critical in order to meet the City's water supply needs in the 362W Zone. The 362W Zone serves the western portion of the City, including Aguacate, Peppertree Bend, Captain's Hill and Dana Point Knolls. The pump station is currently controlled by old mercury pressure switches, which are susceptible to temperature and weather changes. This archaic equipment requires that the station be closely monitored to insure that the pumps are working when required. Considerable crew time is spent on these efforts. Staff is requesting approval of the plans and specifications prepared by Alexander Engineers, Inc. for the replacement of the old electrical equipment. The design also facilitates future SCADA integration at this location. The scope of work is as follows: • Replacement of the existing electrical services and motor controls with a new service and Motor Control Center (MCC) • Installation of new motor power cables and cables to manual transfer switch • New Programmable Logic Controller(PLC) and Man-Machine Interface (MMI) • Replacement of existing pressure sensing controls with new pressure sensors COMMISSION REVIEW AND RECOMMENDATIONS: AGENDA REPORT May 17, 2005 Page 2 The Water Advisory Commission, at their March 22, 2005, meeting recommended approval of the plans and specifications for the Captain's Hill Pump Station Electrical Improvements. FINANCIAL CONSIDERATIONS: The FY 2004/2005 Water Capital Improvement Budget provides $175,000 in funding for the Undefined Replacement Water Projects (CIP #767). The design costs are $14,220. The estimated construction cost for the project is $140,000. ENVIRONMENTAL DETERMINATION: This project has been determined to be categorically exempt from review under the California Environmental Quality Act pursuant to Section 15301 Class 1(a), repair of existing facilities. NOTIFICATION: Alexander Engineering, Inc. RECOMMENDATION: By motion, approve the plans and specifications for the Captain's Hill Pump Station Electrical Improvements, and authorize the City Clerk to solicit bids for the work. Respectfully Submitted, Prepared by, Amy Amirani Joe Mankawich Public Works Director Associate Engineer AA:JM/mp Attachments: 1. Location Map 2. Plans and Specifications AU THE CITY OF SAN JUAN CAPISTRANO N A iN 16 �Vv �0 Jj O G� P OJE T s as �~ City Boundary CVWD Boundary (} Creeks o soon n000 Feet ATTACHMM 1 ATTACHMENT PLANS AND SPECIFICATIONS Due to the size of this document, one copy has been distributed to the City Council for review, and another copy has been made available for public review in the City Clerk's Office located at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION RECEIVED STATE OF CALIFORNIA, ) ) ss. 2015 JUN I l P 2: 02 County of Orange ) I am a citizen of the United States and a resident CITY CLERK SAN JUAN CAPISTRANO of the County aforesaid;I am over the age of eighteen years, and not a party to or interested Proof of Publication of in the above entitled matter. I am the principal clerk of the Capistrano Valley News , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Monti rNrrmxo eros Court of the County of Orange, State of CAPTAIELEECTTRICAL LL EPLACEMENTPUMP SN C.I.P.No.767 California, on June 7, 1984, Case No.A-122949 Notice is hereby given Mat the CM1y of sen JuanCep utrano wilt receive sealed oeeN or bids for construde the in and for the City of San Juan Capistrano, MEANT WSStl i ao STA ION Eof LECTRICAL aC80 County of Orange,State of California;that the on°in'abs zoos,eark ttineP blicwo DePle"'Ofto:°°e'm' notice,of which the annexed is a true printed Cis�ce C�are�Jun �=�p� Adetardo,San Juan Mtreno,Cel mie,and m be ob- is copy,has been published in each regular and Wined o r ea hanact"�TB�'�and s a Pon `BB of entire issue of said newspaper and not in any oe"d M"25,2006 MARGARET rry K supplement thereof on the following dates,to CIOMNGE N JUAN CACI wa*aANNNO wit: Published:Capfebano valley Nears,Jura 2.Juno 1B.2666 8876166 3=122 June 2, 16,2005 "I certify(or declare)under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California,on Date: Junel6,2005 Signature Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-7000 ext.2209 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: 0041125000 FOR PUBLICATION ON: THURSDAY, JUNE 2, 2005 THURSDAY, JUNE 16, 2005 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — Captain's Hill Pump Station PROOF OF PUBLICATION: Please fax to: City Clerk's Office, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 fax (949) 493-1053 telephone (949) 493-1171 AUTHORIZED BY: /s/ Margaret R. Monahan DATE: May 25, 2005 Date of Bid Opening - 06/27/05 Date(s) notice published - 06/02/05 - 06/16/05 Date affidavit received - k6/11 45 ` Date notice posted in - 06/02/05 designated posting places 0 NOTICE INVITING BIDS CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS C.I.P. No. 767 Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for constructing the CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS, until 2:00 p.m. on the 27th day of June 2005. A pre-bid visit to the work site is scheduled for 10:00 a.m. on June 16, 2005, at the Public Works Department. Copies of the Plans and Specifications are on file at the City Clerk's Office, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of$20 plus a charge of$10 for each set of Plans and Specifications mailed. Dated: May 25, 2005 MAR AR R. MONAHCITY LERK CITY OF SAN JUAN C STRANO ORANGE COUNTY, C IFORNIA FOR OFFICE USE ONLY: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss' AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLICATION I, MARGARET R. MONAHAN, declare that I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on June 2, 2005, 1 caused the above Notice to be posted in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Community Center Reception Area; Orange County Public Library AND, that on June 2, 2005, the above Notice was published in the Capistrano Valley News newspaper. I declare under penalty of perjury that the foregoing is true and correct. MARGA R. MONAH CITY CLERK City of San Juan CapistrAnd, California CITY OF SAN JUAN CAPISTRANO NOTICE INVITING BIDS for constructing the CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS C.I.P. No. 767 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the construction of the Emergency Generator Electrical Connections will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 p.m. on June 27, 2005 at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The work shall include: • Replacement of the existing electrical services and motor controls with a new service and Motor Control Center (MCC) • Installation of new motor power cables and cables to manual transfer switch • New Programmable Logic Controller (PLC) and Man-Machine Interface (MMI) • Replacement of existing pressure sensing controls with new pressure sensors N-3 LOCATION OF THE WORK: The Work shall be constructed at the following facilities: Captain's Hill Pump Station, 25702 Windjammer Drive, San Juan Capistrano N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 180 calendar days after the date specified in the Notice to Proceed. Liquidated damages will be assessed as set forth in the Agreement for failure to meet the specified completion date. N-5 AWARD OF CONTRACT: (a) The City will award the contract for the project to the lowest responsible bidder. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance in an amount of 100 percent of the contract price. , • a N-6 BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of San Juan Capistrano. N-7 BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price fora period of 60 calendar days after the date of Bid opening. N-8 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class C-10 Contractor license at the time of submitting bids. N-9 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of CAPTAIN'S HILL PUMP STATION NOTICE INVITING BIDS ELECTRICAL REPLACEMENTS PAGE 1 Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the.project site. N-10 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time,without retention of any portion of the payment by the City , by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-11 PRE-BID VISIT TO WORK SITE: Prospective bidders are invited to attend a pre-bid walk through of the proposed work sites and existing facilities which will be conducted by the City starting at 10:00 am on June 16, 2005 at the City of San Juan Capistrano, Public Works Department, 32450 Paseo Adelanto, San Juan Capistrano. Any Bidder who fails to attend the pre-bid site visit accepts full responsibility for acceptance of all site conditions that would have been evident had site inspections been made. N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the Department of Public Works, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. (b)Complete sets of said Contract Documents maybe purchased at twenty dollars($20.00) per set and are obtainable from the office of the Department of Public Works, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. No refund will be made of any charges for sets of Contract Documents. (c) An additional fee of ten dollars ($10.00) will be charged for sets of documents sent by mail. N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of San Juan Capistrano, and shall be delivered or mailed to the City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For.." followed by the Project title, date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE City of San Juan Capistrano Date �Q Z5i2Q05 CITY OF S,AAN� JUAN CAPISTRANO By /l (( M rg t . Mo an, MCJ City Clerk CAPTAIN'S HILL PUMP STATION NOTICE INVITING BIDS ELECTRICAL REPLACEMENTS PAGE 2 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i SAM ALLEVATO (949)493-1171 HG 1171 �l,$+ (949)493H 1053 FAX • fes' iM4PvoAAIEo DIANE ATATE FSIPN[IfN[N 1961 WYATT HART www.sanjuancapistrano.org JOE SOTO • • DAVID M.SWERDLIN May 19, 2005 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On May 17, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of Approval of Plans and Specifications for the Captain's Hill Pump Station Electrical Improvements (Alexander Engineering, Inc.)" Item No. D15. The following action was taken at the meeting: Plans and specifications for the Captain's Hill Pump Station Electrical Improvements approved; and the City Clerk authorized to solicit bids for the work. If you have any questions regarding this action, please contact Joe Mankawich, Associate Engineer at 487-4313 for more detailed information. Thank you, MM rbc Mi i O Deputy City Clerk Cc: Alexander Engineer, Inc.; Amy Amirani, Public Works Director; Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future �..� Printed on recycled oaoer 32400 PASEO ADELANTO / J MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 9267$ " SAM ALLEVATO (949)493-1171 [ARRRARIEO DIANE BATHGATE (949)49310$3053 FAx FAX [nalusem 1961 MATT HART www.sanjuancapistrano.org 1776 JOE SOTO • DAVID M.SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m, on May 17, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Plans and Specifications for the Captain's Hill Pump Station Electrical Improvements (Alexander Engineering, Inc.)" — Item No. D15 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, May 16 , 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasasanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Alexander Engineer, Inc.; Amy Amirani, Public Works Director; Joe Mankawich, Associate Engineer Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 vrmea orear=iea aper i IMO 32400 PASEO ADELANTO F e (a MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO.CA 92675 '�*7l (949)493-1171 SAM ALLEVATO (949)493-1053 FAXY immavoaana DIANE BATHGATE fSiaaufaf0 1961 MATT HART www wsanj uam apistraeo.org 1776 JOE SOTO DAVID M.SWERDLIN August 17, 2005 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On August 16, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of Award of Construction Contract for the Captain's Hill Pump Station Electrical Improvements (Johnson-Peltier) (CIP #767)" Item No. 1313. The following action was taken at the meeting: Construction contract with Johnson- Peltier for the Captain's Hill Pump Station Electrical Replacements, in the amount of $115,463, approved. If you have any questions regarding this action, please contact Joe Mankawich, Associate Engineer at 487-4313 for more detailed information. Thank you, vi (,rFity DeputyClerk Cc: Johnson-Peltier; Amy Amirani, Public Works Director; Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future A L-� Pnmea on reg Ged oaoer 4e�Me4i � 32400 PASEO ADELANTO v .%! e � MEMBERS OFTHE CITY COUNCIL SAN JUAN CAPISTRANO,CA 9267$ ' SAM ALLEVATO (949)493-1171 /ir' 1111 - t� lin f961lf0 DIANE eATHGATE (949)493-1053 FAX P g 1 6fo 1961 OE OTOHART IT�w�r.sun uancu rsh�ano.ori '�-ADS DAVID M.SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on August 16, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Award of Construction Contract for the Captain's Hill Pump Station Electrical Improvements (Johnson-Peltier) (CIP # 767)" — Item No. D13. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, August 15, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanauancaoistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasCaD-sanivancaoistrano.org. Meg Monahan, CMC City Clerk cc: Johnson-Peltier; Amy Amirani, Public Works Director; Joe Mankawich, Associate Engineer Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future A CJ Printed on racvdetl Paper • dao., �, • 32400 PASEO ADEI—ANTO �� � � y� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM EVATO (949)493-1171 _ �— DIANE BATHGATE (949)493-1053 FAx I IA[AAAAABIfO DIANE alaeusAlA 1961 wrnnHART www.sanjut7ncapistrano.org 1776 JOE SOTO r ww DAVID M.SWERDLIN August 17, 2005 Johnson-Peltier 12021 S. Shoemaker Avenue Santa Fe Springs, CA 90670 Attention: Kevin Peltier Dear Mr. Peltier: The City Council approved a construction contract related to the Captain's Hill Pump Station Electrical Replacements on August 16, 2005. It is in the process of being executed and will be issued upon receipt of required documentation related to contract terms under Section 14. Surety Bonds and Section 15. Insurance. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK — followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Joe Mankawich, Associate Engineer (949) 487-4313. Please call Maria Guevara, Administrative Secretary, (949) 443-6309 if you have questions regarding the forms of insurance needed. Thank you, Meg Mo CMC City CI k cc: Joe Mankawich, Associate Engineer Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future L� Prinletl on recvcletl oaoer F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages: Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of,its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 9 guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City., Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 10 • foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract_ Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating ofA-Class VII or better: Worker's Compensation in accordance with the Workers' Compensation Act of the State of California — Minimum of $1,000,000 Public Liability, in the form of $1,000,000, per occurrence, or either Comprehensive General alternatively, Liability or Commercial General $1,000,000 aggregate, separate Liability written on a per-occurrence for this project. basis Automobile liability, including $1,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS- PAGE 11 Today's Date: �5 • Transmittal Routing (Check All That Apply) ❑ City Attorney / '60 City Manager City Clerk CONTRACT TRANSMITTAL PROJECT MANAGEMENT: Department: Public Works CIP No. (if any):��� Project Manager: First: Name:_w Last Name: I /-J L phone: � 1 Type of Contract: ,{ (!(�yt� Project Name (if any): C� I `'" ' "/S Description of Services Provided: 4 APPROVING AUTHORITY: 1 \U✓/ Agency: City By:q�(/)( v Meeting Date (if applicable): r./Jj_ tP57 CONTRACT TRANSMITTAL: Standard transmittal: (1) executed original contract to the contracting party and (1) maintained by City Clerk; copies to Project Manager and Department Director Parties to receive original executed agreements: Name(s) Street City St Zip -VfA I Qf¢ 2�I 5. Seto -� C t 70 i� b OTHER INSTRUCTIONS: Form Date:10/01/2002 0 Bid Opening Report • Bids opened: Jame 27, 2005 at 2:00 p.m. Project Title: Captain's Hill Pomp Station Electrical Rplacement Project Engineer: Joe Idankawich Pre-Bid Estimate $140,000 Bidder: Bid Amount Bid Bond/Addenda? 1 JOHNSON-PELTIER �11 s 6 ✓ / L� 2. / 3. / 4. / 5. / 6. / 7. / 8. / i Signe Dated: cc: City Clerk Staff (3) Project Department (3) City Manager (1) The above bid aniounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. 32400 PASEO ADELANTO �� y� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i FYI SAMTO (949)493-1171 ,�,y E TH BA (949)493-1053 FAX • },� IX[XPVXXAifX DIANE GATE 61XXlISXEX I (96) WYATT HART www.sanjuancapistrano.org p76 JOE SOTO • • DAVID M.SWERDLIN CITY OF SAN JUAN CAPISTRANO PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 CAPTAINS HILL PUMP STATION ELECTRICAL REPLACEMENTS DATE: June 22, 2005 TO: Prospective Bidders/Contract Document Holders RE: ADDENDUM NO. 1 to the Contract Documents for the Captain's Hill Pump Station Electrical Replacements This addendum forms a part of the contract Documents and modifies the original Contract documents dated May, 2005. The Bidder shall aclawwledge receipt of this Addendum in the space provided on the Bid Proposal form. Failure to comply with this requirement may subject the Bidder to disqualification. All trades affected shall be fully advised of these changes, additions, deletions or clarifications. This addendum consists of 2 page(s). -\m\add••Ea0.doe Page 1 of 2 San Juan Capistrano: Preserving the Past to Enhance the Future L.� Printed on recvcletl pacer 32400 PASEO ADELA14TO �� yE� MEMBERS OF THE CIN COUNCIL SAN JUAN CAPISTRANO,CA 92675 / Fi SAM(849)4931171 //,,�� _ DIANE BATHG (949)493-1053 FAX }-�1 I m[9Av0ARTFd DIANE BATMGATE FS1A111SXIo 1961 WYATT HART www.sanjuancapistrano.org 1776 JOESOTO • • DAVID M.SWERDLIN ADDENDUM NO. 1 CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS CITY OF SAN JUAN CAPISTRANO PUBLIC WORKS DEPARTMENT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 1. The bid opening has been extended. Proposals must be delivered no later than 2:00 PM on Thursday, July 14, 2005. The entire package should be clearly marked"Captain's Hill Pump Station Electrical Replacement Project" 2. Changes required by SDG&E will require design revision to the service meter location for the project. Plans are presently being revised and will be completed next week Upon completion the City will distribute the revised plans to all plan holders at no charge. FOR: CITY OF SAN JUAN CAPISTRANO - PWD Joe Mankawich, Associate Engineer END OF ADDENDUM NO. 1 -\=\a•CemaO.mo Page 2 of 2 San Juan Capistrano: Preserving the Past to Enhance the Future �,� Pnntetl on recvGetl oaoer ' CITY OF SAN JUAN CAPISTRANO 1 t NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIFICATIONS ' FOR CONSTRUCTION OF THE: ' CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS 1 1 CIP NO. 767 ' IN THE CITY OF SAN JUAN CAPISTRANO May 2005 1 ' Dave Adams, City Manager Amy Amirani, Director of Public Works 1 CIP NO. 767 The Specifications contained herein have been prepared by, or under the direct supervision of, the following Registered Electrical Engineer: ' James S. Phillips Alexander Engineers, Inc. Electrical Engineer E-13950 ' Approved by: Eric P. Bauman ' Water Engineering Manager Civil Engineer C-52071 1 t 1 Captain, s Hill Pump Station Electrical Replacement ' NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIFICATIONS CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS ' TABLE OF CONTENTS PART 1 -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders ' Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-collusion Affidavit Bidder's General Information ' Bid Bond (Bid Security Form) ' Agreement and Bonds Agreement Form Worker's Compensation Certificate ' Performance Bond Payment Bond Certificate of Insurance ' PART II -- CONDITIONS OF THE CONTRACT ' General Conditions of the Construction Contract Supplementary General Condition PART III -- TECHNICAL SPECIFICATIONS ' Part 1 - General Requirements Part 2 - Materials ' Part 3 - Execution ' Part 4 —System Control Descriptions ' CAPTAIN'S HILL PUMP STATION TABLE OF CONTENTS ELECTRICAL REPLACEMENTS PAGE 1 ' CITY OF SAN JUAN CAPISTRANO ' PART I - BIDDING AND CONTRACTUAL ' DOCUMENTS AND FORMS CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS ' CIP NO. 767 Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) ' Bid Schedule List of Subcontractors Non-Collusion Affidavit Bidder's General Information Bid Bond (Bid Security Form) ' Agreement and Bonds Agreement Form ' Worker's Compensation Certificate Performance Bond Payment Bond Certificate of Insurance 1 CITY OF SAN JUAN CAPISTRANO NOTICE INVITING BIDS ' for constructing the CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS C.I.P. No. 767 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the construction of the Emergency Generator Electrical Connections will be received at the office of the City Clerk of the City ' of San Juan Capistrano, California, until 2 p.m. on June 27, 2005 at which time they will be opened and read aloud. ' N•2 DESCRIPTION OF THE WORK: The work shall include: Replacement of the existing electrical services and motor controls with a new service and Motor Control Center (MCC) • Installation of new motor power cables and cables to manual transfer switch • New Programmable Logic Controller (PLC) and Man-Machine Interface (MMI) ' . Replacement of existing pressure sensing controls with new pressure sensors N-3 LOCATION OF THE WORK: The Work shall be constructed at the following ' facilities: Captain's Hill Pump Station, 25702 Windjammer Drive, San Juan Capistrano N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 180 calendar days after the date specified in the Notice to Proceed. Liquidated damages will be assessed as set forth in the Agreement for failure to meet the specified completion date. N-5 AWARD OF CONTRACT: ' (a) The City will award the contract for the project to the lowest responsible bidder. (b) As a condition of award, the successful bidder will be required to submit payment and ' performance bonds and insurance in an amount of 100 percent of the contract price. N-6 BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of San Juan Capistrano. ' N-7 BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of 60 calendar days after the date of Bid opening. ' N-8 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class C-10 Contractor license at the time of submitting bids. ' N-9 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of CAPTAIN'S HILL PUMP STATION NOTICE INVITING BIDS ELECTRICAL REPLACEMENTS PAGE 1 Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the.project site. ' N-10 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent 1 of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City , by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. 1 N-11 PRE-BID VISIT TO WORK SITE: Prospective bidders are invited to attend a pre-bid walk through of the proposed work sites and existing facilities which will be conducted by 1 the City starting at 10:00 am on June 16, 2005 at the City of San Juan Capistrano, Public Works Department, 32450 Paseo Adelanto, San Juan Capistrano. Any Bidder who fails to attend the pre-bid site visit accepts full responsibility for acceptance of all site conditions 1 that would have been evident had site inspections been made. N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: 1 (a) Contract Documents may be inspected without charge at the Department of Public Works, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. 1 (b)Complete sets of said Contract Documents may be purchased at twenty dollars($20.00) per set and are obtainable from the office of the Department of Public Works, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. No refund will be made of any charges for sets of Contract Documents. ' (c) An additional fee of ten dollars ($10.00) will be charged for sets of documents sent by mail. ' N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of San Juan Capistrano, and shall be delivered or mailed to the City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.The envelope 1 shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For.." followed by the Project title, date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. 1 BY ORDER OF THE City of San Juan Capistrano Date �(��'L`�IZ�OS CITY OF SAN JUAN CAPISTRANO 1 By M6rgajbt R. Mo an, MC�i 1 City Clerk CAPTAIN'S HILL PUMP STATION NOTICE INVITING BIDS ELECTRICAL REPLACEMENTS PAGE 2 ' CITY OF SAN JUAN CAPISTRANO INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS-Terms used in these Instructions to Bidders and the Notice Inviting Bids and not ' defined herein shall have the meanings assigned to them in the General Conditions. The term"Bidder"shall mean one who submits a Bid directly to the City,as distinct from a sub-bidder,who submits a Bid to a Bidder. The term "Engineer" shall be as defined in the General Conditions or Supplementary General Conditions. 2. COMPETENCY OF BIDDERS-Except as otherwise provided under Public Contract Code§20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of opening Bids. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation,or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is ' interested will be rejected. If the City believes that collusion exists among the Bidders,all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE-(a)It is the responsibility ' of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents;and notify the Engineer ' of all conflicts, errors, or discrepancies noted in the Contract Documents. (b) Reference is made to the Supplementary General Conditions for identification of those reports of ' explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the ' responsibility of the Bidder. (c)Copies of such reports and drawings will be made available for inspection by the City to any Bidder ' upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Supplementary General Conditions. ' (d)Subject to the provisions of Section 4215 of the California Government Code,information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is ' expressly provided otherwise in the Supplementary General Conditions. (e)Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on ' subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Specifications and Supplementary Geeral Conditions. (f)Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities)at or contiguous to the site or otherwise which may affect cost, progress,or performance 1 of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. ' CAPTAIN'S HILL PUMP STATION INSTRUCTIONS TO BIDDERS ELECTRICAL REPLACEMENTS PAGE 1 1 ' (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the ' site to its former condition upon completion of such exploration. (h)The lands upon which the Work is to be performed, the rights-of-way and easements for access ' thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i)The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder ' has complied with every requirement of this Article;thatwithout exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms ' and conditions for performance of the Work. 5. INTERPRETATIONS-All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed, FAXed, or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved t by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work,will enter into an Agreement with the City and will furnish the necessary insurance certificates,Payment Bond,and t Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the General and Supplementary Conditions of the Contract. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City pursuant to the provisions of Public Contract Code Section 20174. If the Bidder elects to furnish a Bid Bond as its ' security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 7. RETURN OF BID SECURITY-Within 14 days after award of the Contract, the City will return all bid ' securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. ' 8. BID FORM-The Bid shall be made on the Bid Schedule sheets bound herein and the pages shall^ Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of ' schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words"BID FOR,"followed by the title of the Contract Documents for ' the Work, the name of the "CITY OF SAN JUAN CAPISTRANO", the address where the bids are to be delivered or mailed to, and the date and hour of opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. ' 9. SUBMITTAL OF BIDS -The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. ' CAPTAIN'S HILL PUMP STATION INSTRUCTIONS TO BIDDERS ELECTRICAL REPLACEMENTS PAGE 2 ' 10. DISCREPANCIES IN BIDS-In the event that there is more than one Bid Item in the Bid Schedule,the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule ' and the"amount" indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the ' schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 at seq. of the California Public Contract Code. 11. QUANTITIES OF WORK-(a)The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid foraccording to the unit prices established for such work under the Contract Documents; provided,that on unit price contracts, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in the General and Supplementary General Conditions of the Contract. ' 12. WITHDRAWAL OF BID -The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the ' place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and will cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation,alterations,or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be considered. ' 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the General and Supplementary General Conditions. ' 15. SUBSTITUTE OR"OR-EQUAL"ITEMS-The Work, if awarded,will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or"or-equal"items. Whenever it is indicated in the Drawings or specified in the Special Provisions ' that a substitute or"or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance may be considered by the Engineer pursuant to the provisions of Public Contract Code Section 3400 (Fey 1995). The procedure for submittal of any such application by the Contractor and consideration by the Engineer shall be as specified in the Specifications or ' Special Provisions. 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be to the lowest responsive, responsible bidder. 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or ' CAPTAIN'S HILL PUMP STATION INSTRUCTIONS TO BIDDERS ELECTRICAL REPLACEMENTS PAGE 3 1 ' third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. ' 18. WORKER'S COMPENSATION REQUIREMENT-The Bidder should be aware that in accordance with laws of the State of California,the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. END OF INSTRUCTIONS TO BIDDERS - ' CAPTAIN'S HILL PUMP STATION INSTRUCTIONS TO BIDDERS ELECTRICAL REPLACEMENTS PAGE 4 1 1 1 BID DOCUMENTS � OCU S ' Only the following listed documents, identified in the lower right corner ' as "Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. ' Bid (Proposal) ' Bid Schedule(s) List of Subcontractors ' Non-collusion Affidavit Bid Bond (Bid Security Form) ' Bidder's General Information ' Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and ' subject to rejection. CAPTAIN'S HILL PUMP STATION BID FORM COVER ELECTRICAL REPLACEMENTS PAGE 1 ' BID ' This is EXHIBIT A, consisting of one page, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR ' BID TO: CITY OF SAN JUAN CAPISTRANO ' The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: ' CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS C.I.P. 767 Bidder accepts all of the terms and conditions of the Contract Documents,including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open forthe period stated in the Notice Inviting Bids, unless otherwise required by law. Bidderwill ' enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents,including the following Addenda(receipt of which is hereby ' acknowledged): Number Date Number Date Number Date ' Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents,the Work,the site,the locality where the Work is to be performed,the legal requirements(federal,state,and local laws,ordinances,rules,and regulations), and the conditions affecting cost,progress,or performance of the Work,and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860,at seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability for worker's compensation,or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing,and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information,and Bid Bond contained in these Bid Forms,said Bidder further agrees to complete the Work required under ' the Contract Documents within the Contract Time stipulated in said Contract Documents,and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). ' Dated: Bidder: ' By: (Signature) Title: t CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACMENTS BID(PROPOSAL) PAGE 1 1 ' CITY OF SAN JUAN CAPISTRANO BID SCHEDULE ' CAPTAINS HILL PUMP STATION ELECTRICAL REPLACEMENTS Value Item Total 1) Engineering & Submittals $ 2) Utility Service, MCC & PCP $ ' 3) PLC & HMI Programming $ ' 4) Startup &Verification $ ' Total Quotation Price $ ' The value item listed on this Schedule of Values Form shall contain complete lump-sum amounts for furnishing all material, labor, engineering, hardware, calibration, installation and equipment required to complete each item as indicated in the Contract Documents. ' The undersigned has checked carefully all figures inserted in the Schedule of Values form and acknowledges receipt of all Addenda to the Contract Documents. Dated 19 Signature ' Company ' Title ' CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS BID(PROPOSAL) PAGE 2 ' INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100,at seq., of the Public Contract Code,the Bidder shall list below the name and business ' address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractors Total Bid Price, and shall also fist the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The fisting of more than one subcontractor for each dem of Work to be performed with the wards"and/or'will not be permitted. Failureto compywilh this requirement will render the Bid as non-responsive and may cause its rejection. Contractors License ' Work to be Performed Number Subcontractors Name 8,Address ' 1 ' 2 ' 3 4 ' 5 6 7 CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS LIST OF SUBCONTRACTORS—PAGE 3 ' NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER ' AND SUBMITTED WITH BID ' State of California ) ss. County of ) being first duly sworn, deposes and says that he or she is of , the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,association,organization, or corporation;that the Bid is genuine and not collusive or sham;that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid,and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid,or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, ' sought by agreement,communication,or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed ' Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,or paid,and will not pay,any fee to any corporation, partnership,company, ' association, organization, bid depository, or to any member or agent thereof,to effectuate a collusive or sham Bid. ' Bidder BY Title Organization Address ' CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS NON-COLLUSION AFFIDAVIT—PAGE 4 ' BID BOND ' KNOW ALL MEN BY THESE PRESENTS, That as Principal, and ' as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the"Owner' in the sum of dollars ' (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said Owner to perform the Work required under the Bid Schedule(s) of the Owner's Contract Documents entitled: CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS CIP NO. 767 ' NOW THEREFORE, if said Principal is awarded a Contract by said Owner, and within the time and in the manner required in the"Notice Inviting Bids"and the"Instructions to Bidders"enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of ' Insurance,and furnishes the required Performance Bond and Payment Bond,then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said Owner, and Owner prevails, said Surety shall pay all costs incurred by said Owner in such suit, including a ' reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED,this day of , 20 ' (SEAL) (SEAL AND NOTARIAL (SEAL) ' ACKNOWLEDGMENT OF SURETY) (SEAL) (SEAL) (Principal) ' (Surety) (Signature) ' (Signature) ' CAPTAIN'S HILL PUMP STATION BID DOCUMENTS— BID BOND ELECTRICAL REPLACMENTS PAGE 5 ' BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number: ( ) Facsimile Number: ( ) E-mail address ' 3. CONTRACTOR'S License: Primary Classification ' State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: ' Name of Surety Address Surety Company Agent Telephone Numbers: Agent( ) Surety( ) ' 5. Type of Firm (Individual, Partnership or Corporation): ' 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: ' CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS GENERAL BID INFORMATION PAGE 6 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects of comparable size and complexity completed to date: ' 1. Owner Address Contact Class of work Phone( ) Contract amount IProject(_) Date completed ' 2. Owner Address Contact Class of work ' Phone (� Contract amount ' Project( ) Date completed ' 3. Owner Address Contact Class of ' work Phone( ) Contract amount Project(_) Date completed 10. List the name and title of the person who will supervise full-time the proposed work for your ' firm: 11. Is full-time supervisor an employee contract services_? 12. A financial statement or other information and references sufficiently comprehensive to permit an ' CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS GENERAL BID INFORMATION PAGE 7 ' appraisal of your current financial condition may be required by the Engineer. 1 CAPTAIN'S HILL PUMP STATION BID DOCUMENTS ELECTRICAL REPLACEMENTS GENERAL BID INFORMATION PAGE 8 CONSTRUCTION CONTRACT ' THIS CONTRACT is made and entered into, to be effective, this day of 2005, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and hereinafter referred to as ' "Contractor." City and Contractor mutually agree as follows: ' Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is ' in no way relying upon any opinions or representations of City. It is agreed that this ' Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all ' of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. ' "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like ' effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without ' whose decision Contractor shall not adjust said discrepancy save only at Contractor's CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 1 ' own risk and expense. The decision of the Engineer shall be final. Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to ' pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments ' from the Contract price and any amounts due to Contractor. In the event City receives ' a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, ' including but not limited to administrative and legal fees. ' Section 3. Qescription of Proiect. The Project is described as: The Captain's Hill Pump Station Electrical ' Replacements as delineated in the Plans and Specifications prepared by Alexander ' Engineers, Incorporated, dated May, 2005. Work to include: the replacement of existing power distribution, motor control center, cabinets and panel equipment, operator ' controls and indicators, solid state motor controller, pressure transmitter, pressure ' switches, pulsation damper process tubing, programmable logic controller, man- machine interface, conduit, wire, fittings, outlets and pullboxes and all appurtenant work and testing to insure that the installation is complete and operable. ' Section 4. Plans and Specifications. ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 2 The work to be done is shown in a set of detailed Plans and Specifications entitled: Plans for Electrical Replacement Captain's Hill Pump Station. Said Plans and Specifications and any revisions, amendments or addenda ' thereto are attached hereto and incorporated herein as part of this Contract and referred ' to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from ' the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within One Hundred and Eighty (180) calendar days from the ' date of the "Notice to Proceed" issued by the City excluding delays caused or ' authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, ' Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of ' the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the ' time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 3 Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of ' calendar days estimated by the City and set forth in Section 5 hereof, damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the ' workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. ' City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a ' written request to City for such time extension within fifteen (15) days of the ' commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the ' time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will ' be allowed unless Contractor satisfies City that such delays were unavoidable and not ' the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a ' result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. ' Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 4 ' of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the 1 number of days reasonably required for Contractor to perform the extra work, as determined by City s Engineer. The decision of the Engineer shall be final. ' Section 9. Changes in Proiect. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the ' general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); ' 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or ' site; or ' 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and ' source of the order and that Contractor regards the order as a change order. ' C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle ' Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in ' Contractor's actual, direct cost or the time required to perform any part of the work ' under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on ' defective specifications, no claim for any change under paragraph (B) above shall be ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS - PAGE 5 allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased ' direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a ' written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the ' statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if ' made after final payment under this Agreement. ' G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. ' Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make ' any changes to the Project, either in additions or deductions, without the written order of ' the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit ' immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the ' proper cost or credit breakdowns therefore shall be submitted without delay by ' Contractor to City. 1 ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 6 1 1 Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the ' allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. ' The parties therefore agree that Contractor will pay to City the sum of Two Hundred and Fifty Dollars and No Cents ($250.00) per day, as liquidated damages, and not as a 1 penalty, for each and every calendar day during which completion of the Project is so ' delayed. Contractor agrees to pay such liquidated damages and further agrees that City ' may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. ' Section 11. Contract Price and Method of Payment. ' City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions ' as provided in approved change orders, the sum of dollars and cents ($ ) as itemized on the attached Exhibit "A." ' Within thirty (30) days from the commencement of work, there shall be paid to ' the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, ' treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a ' schedule issued by the City at the commencement of the job which shows a minimum of ' one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the ' payment schedule, the Contractor shall be paid such sum as will bring the total CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 7 ' payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for ' payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for ' which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the ' Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. ' Section 12. Substitution of Securities in Lieu of Retention of Funds. ' Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in ' order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract ' together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons ' employed, all firms supplying materials, and all subcontractors upon the Project have ' been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit ' covering disputed claims, or items in connection with Stop Notices which have been CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 8 ' filed under the provisions of the statutes of the State of California. City may require ' affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. ' Section 14. Contractor's Employees' Compensation. A. Davis-Bacon Act: ' Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in ' excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are ' incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal ' holiday and overtime work in the locality in which the work is to be performed for each ' craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any ' subcontractor under it) less than the prevailing rate of per diem wages as set by the ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 9 ' Director of Industrial Relations, in accordance with Sections 1770-1780 of the California ' Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. ' D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and ' Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, ' regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workdav- In the performance of this Contract, not more than eight (8) hours shall constitute ' a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) ' above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 at seg.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any ' worker is required or permitted to labor more than eight (8) hours in any one calendar ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 10 ' day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Waaes: Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and ' agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of ' Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. ' Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall ' not become effective until such bonds are supplied to and approved by the City. 1 ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 11 1 ' Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. ' B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and remployees and shall issue a certificate to the policy evidencing same. ' C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall ' be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract ' work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting ' workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as ' determined by the City, as additional insureds on said policies. ' D. Before Contractor performs any work at, or prepares or delivers materials ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 12 tto, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and ' policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until ' the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the ' obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the Iffe of this Contract, the following ' insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: ' Worker's Compensation In accordance with the Workers' Compensation Act of the State of California — Minimum of $1,000,000 Public Liability, in the form of either Comprehensive General $1,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per-occurrence $1,000,000 aggregate, separate ' basis for this project. ' Automobile liability, including $1,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive ' the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. ' Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS - PAGE 13 ' agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom ' permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the ' sole cost and expense of Contractor. Section 18. Stop Notice Administration. ' City reserves the right to charge Contractor for City's actual administrative time I (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. ' Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either ' party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may ' be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party ' prior to termination. C. If termination for default or convenience is effected by the City, an ' equitable adjustment in the price provided for in this Contract shall be made, but (1) no ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 14 amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to ' cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a ' reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior ' to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. ' D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs ' otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether tcompleted or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take ' over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting ' from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections ' or other work made necessary by such defects, the City may do so and charge the ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 15 ' Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty ' materials, equipment or work. ' Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has ' had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing parry shall be entitled to reasonable attorneys' fees, costs ' and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City ' shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct ' its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public ' Contracts Code Section 20104, et seg., regarding resolution of construction claims for ' any claims which arise between the Contractor and the City. ' CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 16 1 1 Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary 1 mail at the address set forth below. Any party whose address changes shall notify the 1 other party in writing. 1 To City: City of San Juan Capistrano 32400 Paseo Adelanto 1 San Juan Capistrano, CA 92675 Attn: Director of Public Works 1 To Contractor: contact Company name. address 1 city, state, zip 1 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. 1 CITY OF SAN JUAN CAPISTRANO 1 By: Wyatt Hart, Mayor 1 CONTRACTOR 1 By. 1 ATTEST: By: 1 Margaret R. Monahan, City Clerk APPROVED AS TO FORM: 1 By: John R. Shaw, City Attorney 1 1 CAPTAIN'S HILL PUMP STATION AGREEMENT ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS -PAGE 17 1 1 1 WORKER'S COMPENSATION CERTIFICATE ' (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) ' I am aware of the provisions of Section 3700 of the California Labor Code, ' which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before ' commencing the performance of the Work of this Contract. Contractor ' By Title WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS PAGE 18 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and ' existing in the County of Orange, California, hereinafter called the"Owner," in the sum of: ' dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, ' executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed ' Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS CIP NO.767 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. ' PROVIDED,that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion,which may be made pursuant to the terms of said Contract Documents,shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. ' SIGNED AND SEALED,this day of 20 Contractor Surety ' BY Title By Title (SEAL AND NOTARIAL ' ACKNOWLEDGMENT OF SURETY) ' CAPTAIN'S HILL PUMP STATION PERFORMANCE BOND ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS- PAGE 19 1 1 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, ' That as Surety, are held firmly bound unto the City of San Juan Capistrano,a legal entity,organized and existing in the County of Orange, State of California, hereinafter called the"Owner,"in the sum of: ' dollars, for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators, successors, and assigns,jointly and severally,firmly by these presents. ' WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS CIP NO.767 NOW THEREFORE,if said Contractor, its subcontractors, its heirs,executors,administrators,successors,or assigns shall fail to pay for any materials,provisions,provender,equipment,orother supplies used in,upon,for, or about the performance of the Work contracted to be done,or for any work or labor thereon of any kind,or for ' amounts due under the Unemployment Insurance Code,or for any amounts required to be deducted,withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor,all as required by the provisions of Title XV,Chapter 7,Sections 3247-3252,inclusive,of the Civil Code of ' the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof,and provided that the persons,companies,or corporations so furnishing said materials, provisions,equipment,or other supplies,appliances,or power used in, upon,for,or ' about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for,or contributing to,said work to be done,or any person who performs work or labor upon the same,or any person who supplies both work and materials therefor,shall have complied with the provisions of said laws,then said surety will pay the same in an amount ' not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorneys fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them ' or their assigns in any suit brought upon this bond. PROVIDED,that any alterations in the Work to be done or the materials to be furnished,or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way ' release said Contractor or said Surety thereunder,nor shall any extensions of time granted underthe provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. ' SIGNED AND SEALED,this_day of 20_ ' Contractor Surety By By ' Title Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) ' CAPTAIN'S HILL PUMP STATION PAYMENT BOND ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 20 CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNER/AGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED ' NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D ' TYPE OF WORK PERFORMED AND LOCATIN ' POLICY LIMITS OF LIABILITY N THOUSANDS x1000 TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH OCCURRENCE AGGREGATE ' COMPREHENSIVE GENERAL LIABILITY BOOAV Num $ $ Inducting: PRCPEAIY6MIAGE wLcac couimeE $ $ ❑ UNDERGROUND p ❑ PRODU(.IBCOMRFIEOOPEMTICNB GODLY WU Y ❑ CONTRACTUAL M9URIHLE AND fACVERTY LIVAROE LOMB[IFD $ ❑ BRMOFgiM PROPERTYOWAE ❑ RIOEPEMQEm`CONrT CM. PFABCMN.WUry $ ' ❑ PatomwLMURY LIABILITY' COMPREHENSIVE AUTOMOBILE H PERSOON $ �rrNro. CANDO EOCHOCCDEN! $ ❑ Hsec PROPERTYDIMIGE $ ❑ N.. ❑ MOTORCORMERACT ,wo m BCOLY WU ' PROFERry DAMAGE.. $ EXCESS LIABILITY BODILY. Aro: u.MrGE COMBINED $ FAIPLOYERa usatnv ' WORKER'S COMPENSATION aTaurom ow EMPLOYER'S LIABILITY Fy $ �uding. (EILHILOOENrI LouoaHmEMFxaw+D ' OTHER ADDITIONAL INSURED ENDORSEMENT—CAPISTRANO VALLEY WATER DISTRICT The undersigned cwffw that he Or she is the repreeenwliw of Me eboeaHarne l truurence osmpmies,that he a she hes the authority to eaiaAe and issue this certMcate to ' Certificate Holder,and accordirigly,does hereby certify on bataff of said imurenm companies Met policies of inWnmce listed above hew been issued b the dossed rwned abo.wend ereinformat Mis Ome. Notwithstanding my requirement ton,or condition of any cortowtordher documem with respect W which this certificate may be Issued amayp~,aw irMaawe afforded by IN policies described herein is subject to at the lams,a clisiom,ars con doom of such policies. Copies of the policies Shown will be hmished to Me Certificate Holder upcm request. ' This Certificate doss cwt amend,"aid,Or alter the cewlage afforded by the policies listed. Ceneellation:Should my of the above described policies be emosted before the exiraUOn dew mereor,the issuing comperry will mail 30 days written rrotke to the belown ed certificate holder. ' NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED ' BY ' CAPTAIN'S HILL PUMP STATON INSURANCE CERTIFICATE ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 21 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: ' COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ' CITY OF SAN JUAN CAPISTRANO ' Margaret R. Monahan, CMC City Clerk ' (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) ' WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. CAPTAIN'S HILL PUMP STATION INSURANCE ENDORSEMENT LIABILITY ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS- PAGE 22 1 ' POLICY NUMBER: BUSINESS AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ' ADDITIONAL INSURED This endorsement modifies insurance provided under the following: ' BUSINESS AUTO COVERAGE FORM ' It is agreed that the"Who Is An Insured" provision is amended to include as an insured the person or organization designated below as an additional insured, subject to the following provisions: (1) This insurance applies only with respect to any Liability arising out of the operation of covered autos on the ' additional insureds premises described below, (2) . The Named Insured is authorized to act for such ' additional insured in all matters pertaining to this insurance, including receipt of notice of cancellation; ' (3) . Return premium, if any, shall be paid to the Named Insured; ' (4) . Nothing contained herein shall affect any right of recovery as a claimant which the additional Insured would have if not designated as such. CITY OF SAN JUAN CAPISTRANO ' Margaret R. Monahan, CMC City Clerk 1 r ' CAPTAIN'S HILL PUMP STATION INSURANCE ENDORSEMENT-AUTO ELECTRICAL REPLACEMENTS AGREEMENT AND BONDS-PAGE 23 ' CITY OF SAN JUAN CAPISTRANO PART II - CONDITIONS OF THE CONTRACT ' General Conditions of the Contract ' Supplementary General Conditions 1 1 CONDITIONS OF THE CONTRACT ' GENERAL CONDITIONS-CONTENTS ' GENERAL CONDITIONS OF THE CONTRACT TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY......................................................................................5 1.01 Defined Terms.................................................................................................................... 5 1.02 Terminology........................................................................................................................ 8 ARTICLE 2 - PRELIMINARY MATTERS...................................................................................................... 9 2.01 Delivery of Bonds................................................................................................................ 9 2.02 Copies of Documents......................................................................................................... 9 2.03 Commencement of Contract Times,Notice to Proceed..................................................... 9 2.04 Starting the Work................................................................................................................ 9 2.05 Before Starting Construction........................................--................................................... 9 2.06 Preconstruction Conference............................................................................................. 10 2.07 Initial Acceptance of Schedules........................................................................................ 10 ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE............................................... 10 3.01 Intent................................................................................................................................. 10 ' 3.02 Reference Standards ....................................................................................................... 11 3.03 Reporting and Resolving Discrepancies........................................................................... 11 3.04 Amending and Supplementing Contract Documents........................................................ 11 3.05 Reuse of Documents.........................................................................................................12 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS..................................................................................................... 12 4.01 Availability of Lands.......................................................................................................... 12 4.02 Subsurface and Physical Conditions................................................................................ 12 4.03 Differing Subsurface or Physical Conditions..................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 ' 4.05 Reference Points.............................................................................................................. 14 4.06 Hazardous Environmental Condition at Site..................................................................... 14 ' ARTICLE 5-RONDS LAND INSURANC€................................................................................................... 1& 5.01 LI6en8edR-Flre6e8 and Msufer^ ....................................................................................... 16 5.02 Fertifisates sf Insuranse.........................................................................I......................... 1& 6 03' ^Q NTRACTOR's Liability insuranse................................................................................ 1�5.04-G1WN€R's Liat+&4,lnsuranse ........................................................................................... 17 5.95-R4ep94;r Insuransa.........---...................................................................................I...... 17 5.06 Vtralver sf RiQhts............................................................................................................... 'I 8 ' 5.97 oova;p. rance Preseeds........................................................ ..... 1-9 6.09 n.GGPIvRRO s a,. ,ao; ,,d IneNfanBe=a ties to Ra lase............................................... 1-9 o.00 n�th;al 904a4gn, .aknowledgment of Property Insurer..... ............................................ 18 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES................................................................................ 19 6.01 Supervision and Superintendence.................................................................................... 19 ' 6.02 Labor, Working Hours....................................................................................................... 20 6.03 Services, Materials, and Equipment................................................................................. 20 6.04 Progress Schedule........................................................................................................... 20 6.05 Substitutes and"Or-Equals"............................................................................................. 20 6.06 Concerning Subcontractors, Suppliers, and Others......................................................... 22 6.07 Patent Fees and Royalties................................................................................................ 23 6.08 Permits.............................................................................................................................. 23 ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 1 1 ' 6.09 Laws and Regulations ...................................................................................................... 23 6.10 Taxes................................................................................................................................ 24 6.11 Use of Site and Other Areas............................................................................................. 24 ' 6.12 Record Documents........................................................................................................... 24 6.13 Safety and Protection ........................................................................................................24 6.14 Safety Representative...................................................................................................... 25 ' 6.15 Hazard Communication Programs.................................................................................... 25 6.16 Emergencies..................................................................................................................... 25 6.17 Shop Drawings and Samples........................................................................................... 25 6.18 Continuing the Work......................................................................................................... 26 6.19 CONTRACTOR's General Warranty and Guarantee....................................................... 27 ARTICLE7-OTHER WORK..................................................................................................................... 27 7.01 Related Work at Site......................................................................................................... 27 7.02 Coordination ..................................................................................................................... 28 ARTICLE 8 -OWNER'S RESPONSIBILITIES........................................................................................... 28 I 8.01 Communications to CONTRACTOR................................................................................. 28 8.02 Replacement of ENGINEER............................................................................................. 28 8.03 Furnish Data..................................................................................................................... 28 8.04 Pay Promptly When Due.................................................................................................. 28 ' 8.05 Lands and Easements;Reports and Tests.......................................................................28 8.06 Insurance.......................................................................................................................... 28 8.07 Change Orders................................................................................................................. 28 8.08 Inspections, Tests, and Approvals.................................................................................... 28 8.09 Limitations on OWNER's Responsibilities........................................................................ 28 8.10 Undisclosed Hazardous Environmental Condition............................................................ 29 8.11 Evidence of Financial Arrangements................................................................................ 29 ' ARTICLE 9- ENGINEER'S STATUS DURING CONSTRUCTION..................................-........................ 29 9.01 OWNER'S Representative ............................................................................................... 29 ' 9.02 Visits to Site...................................................................................................................... 29 9.03 Project Representative..................................................................................................... 29 9.04 Clarifications and Interpretations.......................................................................................29 9.05 Authorized Variations in Work.......................................................................................... 29 9.06 Rejecting Defective Work................................................................................................. 30 9.07 Shop Drawings, Change Orders and Payments........................................................--... 30 9.08 Determinations for Unit Price Work.................................................................................. 30 1 9.09 Decisions on Requirements of Contract Documents andAcceptability of Work................................................................................................. 30 9.10 Limitations on ENGINEER s Authority and Responsibilities............................................. 30 IRTICE€ 10 rt >M6€S IN THE WORK; r L/1MS............................... ................................................. III 10.01 AiFtherized Changes in the Work.......................................................................................33 10.02 �n ................................ .. authorised Changes in the Work........................... ...... ............ 21 n €xesution of Shange Grders . 31 ' 10.04 Netiigation to Suret; 31 40.05 Claims and� .. utes............... ........................................................................................ 32 10.06 ^,:'g:van:mQuan ti y V94atigns Gig Nnit Rrige Sentrasts 4nn.07 loeiaases e91114ere Than 25Persent Gn Unit P468GGRtFaWS............................I.............. 32 10.08 n of.A.49.re Thlan 25 Rergent on Unit Prise Centraats 33 10-00 &imiw4ad Itemsen I Init Paige r ntFa tR......................................................................... 33 ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK............................... 33 11.01 Cost of the Work............................................................................................................... 33 ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 2 11.02 Cash Allowances.......................................... ................................................................... 36 11.03 Unit Price Work............... ................................................................................................. 36 11.04 Cost of Work Based on Time, Materials, and Equipment and CONTRACTOR's Overhead and Profit...-........ ................. ................................ 36 11.05 Special Services.................................................. ............................ ............................... 38 11.06 CONTRACTOR'S Overhead and Profit............................................................................ 39 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES............................. 39 12.01 Change 9 f GentraGt P4ee................................................................................................. 29 12.02 Change of Contract Times................................................................................................ 39 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK............................................................... 40 13.01 Notice of Defects ........... .............................................................................. ............- 40 13.02 Access to Work.............. .................................................................................................. 40 13.03 Tests and Inspections....................................................................................................... 40 13.04 Uncovering Work.............................................................................................................. 40 13.05 OWNER May Stop the Work............................... .............. ............................................. 41 13.06 Correction or Removal of Defective Work........ .......................... .................................... 41 13.07 Correction Period.......................................--................................................................... 41 13.08 Acceptance of Defective Work..........................................................................................42 13.09 OWNER May Correct Defective Work.............................................................. .............. 42 ARTIGI E 44 - PAYMEiNTE; TO CONTRACTOR AND COMPI ETIGN42 .................................... - 14.91 PaymentSrhediife............................................................................................................ 42 14.02 P4;9gre66 Pa)qnents..................................................................... .................................... 42 14 03 r-GA i ITR 4 CT49R's WaAwn4e 9.4 T4W ....................................................... 4-5 14.04 45 14.05 .... ....................... ......... ... ****........ ........ ... ............ ........ 5 . ............................................... ............................................................... 4- 14.06 F4nal lnspeGtien................................................................................................................. 46 14.07 F4na! Pa .. - t ........................................................................................... FReF4........................ 46 14.08 Final Gempletian Delayed.......................................................................... .............. ....... 47 14.09 144nivai:of G-kaimp . -... ............................................................................ ....................... .... 47- ARTICLE15 SIJSPE#S40-NIQF:I.A.gC)RK.ARID:rrR.h.41AI.A.T'C)N............................................................-...4:7 1501 C)144b4r=R .......................................I........... ........ .........................47 ARTICLE16 - MIRGFI-'-ANFQIJR............. ............................................................................................. 47 16.01 Gk4ng NotiGe ...... 48 16.02 Gonputationof 48 IS02sq Rpgd�&'; 40 . . . . . .. ............................................. ...................................... 46.04 RIVIRAAM.f of obligati^n^ 48 16-05 Gnnti:94�ncs I R:;.......................................... ........ ........... ............... ........... ........... .. .. 48- 1 .. . .. ........................................ .. ............................................................ ....- - ARTICLE 17 - CALIFORNIA LEGAL REQUIREMENTS......... ................................................................. 48 17.01 State 114.4age Pate Detem*atialpn ----- ........... ........................................................ ... 4-8 1;1.02 1449FkeFs Gemp@RsatieR....... ............................................................................ ............... 46 17.03 Appi:an'"S on PfFN� We* ................................ 4R . . . .. K. a ........................................... ....... ....-- 17.04 14494inghbo-F.Fs........................ .....................................................-....... ......................... 49 17.96 Gentmeter Nat Respqpsible for Damage Resu&qg kan? Certain.9 OR n'God...... ...... .......................................................................... 49- 17.06 Notice of Completion ...............---... .............................................................................. 49 17.07 Unpaid Claims....................................................................... .......................................... 49 17.08 Concrete Forms, Falsework, and Shoring.........................................................................49 CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 3 1 r 17.99 Retainage &qn Wnth4,Payments......MA9 ............................................................................. 17.10 Public Works Contracts;Assignment to Awarding Body.................................................. 50 Penalties,, Rules and Regulations 50 17.12 Cultural Resources............................................................................................................51 17.13 Protection of Workers in Trench Excavations................................................................... 51 1.14 Trai4 end Subsn Oenne Oe.. r . .. 17.15 Removal; Relocation; or Protection of Existing Utilities.................................................... 52 17.16 Contracts for Digging Trenches or Excavations;Notice of Discovery of Hazardous Waste or Other Unusual Conditions; ' Investigations; Change Orders; Effect on Contract......................................................... 52 r r r r r r r r t CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 4 1 ' GENERAL CONDITIONS OF THE CONTRACT 8. Bidding Requirements--The Notice Inviting ARTICLE 1 -DEFINITIONS AND TERMINOLOGY Bids, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. ' 9. Bonds—Performance and payment bonds 1.01 Defined Terms and other instruments of security. A. Wherever used in the Contract Documents 10. Capistrano Valley Water District- A legal and printed with initial or all capital letters, the entity 9FgaA'zed and existing in the County 9 terms listed below will have the meanings indicated which are applicable to both the singularc^me fimes referred to the GAFAFan ' and plural thereof. nW R which is now dissolved and 1. Addenda—Written or graphic instruments succeeded in all interests by the City of San issued prior to the opening of Bids which clarify, Juan Capistrano. correct,or change the Bidding Requirements or the Contract Documents. 11. Change Order—A document recommended by ENGINEER which is signed by 2. AgreementerConstruction Contract-The CONTRACTOR and OWNER and authorizes written instrument which is evidence of the an addition, deletion, or revision in the Work or agreement between OWNER and an adjustment in the Contract Price or the CONTRACTOR covering the Work. Contract Times, issued on or afterthe Effective Date of the Agreement. 3. Application for Payment—The form acceptable to ENGINEER which is to be used 12. City - The City San Juan Capistrano, a by CONTRACTOR during the course of the general law city organized and existing in the Work in requesting progress or final payments County of Orange, State of California, and which is to be accompanied by such sup- sometimes referred to in the Contract porting documentation as is required by the Documents as the City or the OWNER. Contract Documents. 13. Completion- Completion of the Work 4. Asbestos--Any material that contains more shall be the date of acceptance of the Work by than one percent asbestos and is friable or is the OWNER as provided under California Civil ' releasing asbestos fibers into the air above Code Section 3086, current action levels established by the United States Occupational Safety and Health 14. Consultant - The engineer architect- Administration. engineer firm and their designated representatives acting under contract to the 5. Beneficial Use or Occupancy- Placing all OWNER, acting on behalf of the OWNER as or any portion of the Work in service for the their authorized representative within the scope purpose for which it is intended (or a related of authority defined in their contract with the ' purpose) before reaching completion of all of OWNER. the Work. 15. Contract—The entire and integrated written 6. Bid—The offer or proposal of a bidder agreement between the OWNER and submitted on the prescribed form setting forth CONTRACTOR concerning the Work. The the prices for the Work to be performed. Contract supersedes prior negotiations, representations, or agreements, whether 7. Bidding Documents—The Bidding written or oral. Requirements and the proposed Contract Documents(including all Addenda issued prior rto receipt of Bids). 16. Contract Documents-Unless otherwise defined in the Agreement or Supplementary CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 5 ' Conditions, the Contract Documents establish for definition. the rights and obligations of the parties and include the Notice Inviting Bids, Instructions to 22. District-The Capistrano Valley Water Bidders, the prevailing rates of wages as District semetimes Feferred t9 as GLAND the ' determined by the Director of the California which has now been Department of Industrial Relations, the dissolved and succeeded in all interests by the accepted Bid and Bid Schedule, List of City of San Juan Capistrano. ' Subcontractors, Non-collusion Affidavit, Bidder's General Information statement, Bid 23. [Nstri6t Public Works Department Security or Bid Bond, the Agreement or Engineer-The Distfist Engineer of the City of Construction Contract,Worker's Compensation San Juan Capistrano Public Works Department ' Certificate, Performance Bond,Payment Bond, GapistFane Valley Watep Dl6tFiGt, or his or her Insurance Certificates, Notice of Award, Notice designated representative,and who is referred to Proceed, Notice of Completion, General to in the Contract Documents as the Conditions of the Construction Contract, ENGINEER. Supplementary General Conditions, Technical Specifications, and Drawings and all Addenda 24. Drawings—That part of the Contract issued prior to bid opening, together with all Documents prepared or approved by written amendments,Change Orders and Work ENGINEER which graphically shows the scope, Change Directives, Field Orders, and extent, and character of the Work to be ENGINEER's written interpretations and performed by CONTRACTOR. Shop clarifications issued on or after the Effective Drawings and other CONTRACTOR submittals Date of the Agreement. Approved Shop are not Drawings as so defined. Drawings and the reports and drawings of subsurface and physical conditions are not 25. Effective Date of the Agreement—The date Contract Documents. Only printed or hard indicated in the Agreement on which it copies of the items listed in this paragraph are becomes effective, but if no such date is Contract Documents. Files in electronic media indicated, it means the date on which the format of text, data, graphics, and the like that Agreement is signed and delivered by the last may be furnished by OWNER to of the two parties to sign and deliver. CONTRACTOR are not Contract Documents. 26. ENGINEER-The District Engineer of the 17. Contract Price—The moneys payable by City of San Juan Capistrano Public Works OWNER to CONTRACTOR for completion of Department GapistFane Valley Water DistFi or the Work in accordance with the Contract his or her designated representative. Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in 27. Design Engineer --An individual or entity 1 the case of Unit Price Work). having a contract with ENGINEER to furnish services as ENGINEER's independent profes- 18. Contract Unit Price(s)-The price or prices sional associate or consultant with respect to quoted by the Bidder for performing and the Project. and who is identified as A,inh iR tht; furnishing each item of the Work to be paid for SupplementaFy GenditiGns. on the basis of unit prices. 28. Field Order—A written order issued by 19. Contract Times--The number of days or the ENGINEER which requires minor changes in ' dates stated in the Contract Documents to: (i) the Work but which does not involve a change achieve Substantial Completion; and (ii) com- in the Contract Price or the Contract Times. plete the Work so that it is ready for final payment as evidenced by ENGINEER's written 29. General Requirements--Sections of recommendation of final payment. Division 1 of the Technical Specifications. The General Requirements pertain to all sections of 20. CONTRACTOR--The individual or entity the Specifications. with whom OWNER has entered into the Agreement. 21. Cost of the Work—See paragraph 11.01.A 30. Hazardous Environmental Condition--The Material in such quantities or circumstances presence at the Site of Asbestos, PCBs, Petro- that may present a substantial danger to leum, Hazardous Waste, or Radioactive persons or property exposed thereto in CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 6 connection with the Work. non-Hazardous Waste and crude oils. 31. Hazardous Waste—The term Hazardous 41. Project—The total construction of which the Waste shall have the meaning provided in Work to be performed under the Contract Section 1004 of the Solid Waste Disposal Act Documents may be the whole,or a part as may (42 USC Section 6903)as amended from time be indicated elsewhere in the Contract to time. Documents. 32. Laws and Regulations; Laws or Regulat- 42. Radioactive Material--Source, special ions--Any and all applicable laws, rules, nuclear, or byproduct material as defined by the regulations, ordinances, codes, and orders of Atomic Energy Act of 1954 (42 USC Section ' any and all governmental bodies, agencies, 2011 et seq.) as amended from time to time. authorities, and courts having jurisdiction. 43. Resident Project Representative (RPR)or 33. Liens or Stop Notices — Charges or Project Representative—The authorized ' encumbrances upon Project funds pursuant to representative of ENGINEER who may be California Civil Code Section 3179 et seq.. assigned to the Site or any part thereof. Said Project Representative shall be the only person 34. Milestone—A principal event specified in the through whom all liaison between the Contract Documents relating to an intermediate Contractor and the Owner shall be directed. completion date or time prior to Substantial Completion of all the Work. 44. Samples—Physical examples of materials, equipment, or workmanship that are 35. Notice of Award—The written notice by representative of some portion of the Work and OWNER to the apparent successful bidder which establish the standards by which such stating that upon timely compliance by the portion of the Work will be judged. apparent successful bidder with the conditions precedent listed therein, OWNER will sign and 45. Shop Drawings—All drawings, diagrams, deliver the Agreement. illustrations, schedules, and other data or information which are specifically prepared or 36. Notice to Proceed--A written notice given assembled by or for CONTRACTOR and by OWNER to CONTRACTOR fixing the date submitted by CONTRACTOR to illustrate some on which the Contract Times will commence to portion of the Work. run and on which CONTRACTOR shall start to perform the Work under the Contract 46. Site--Lands or areas indicated in the Documents. Contract Documents as being furnished by OWNER upon which the Work is to be 37. OWNER—The individual, entity, public performed, including rights-of-way and body, or authority with whom CONTRACTOR easements for access thereto, and such other has entered into the Agreement and for whom lands furnished by OWNER which are desig- the Work is to be performed. nated for the use of CONTRACTOR. f38. Partial Utilization--Use by OWNER of a 47. Specifications—That part of the Contract substantially completed part of the Work forthe Documents consisting of Part I Notice Inviting purpose for which it is intended (or a related Bids, Instructions to Bidders Bid forms, purpose) prior to Substantial Completion of all Agreement, Bonds, and certificates, Part II the Work. General and Supplementary Conditions of the Contract, and Part III Technical Specifications 39. PCBs—Polychlorinated biphenyls. consisting of written technical descriptions of systems, standards, and workmanship as 40. Petroleum--Petroleum, including crude oil applied to the Work and certain administrative or any fraction thereof which is liquid at stan- details applicable thereto. ' dard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other 48. Subcontractor—An individual or entity with any other Subcontractor for the having a direct contract with CONTRACTOR or performance of a part of the Work at the Site. CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 7 Work, or responding to differing or unforeseen 49. Substantial Completion--The time atwhich subsurface or physical conditions under which the Work (or a specified part thereof) has the Work is to be performed or to emergencies. progressed to the point where, in the opinion of A Work Change Directive will not change the ' ENGINEER, the Work (or a specified part Contract Price or the Contract Times but is thereof) is sufficiently complete, in accordance evidence that the parties expect that the with the Contract Documents,so that the Work change ordered or documented by a Work (or a specified part thereof) can be utilized for Change Directive will be incorporated in a ' the purposes for which it is intended. The subsequently issued Change Order following terms "substantially complete" and negotiations by the parties as to its effect, if "substantially completed" as applied to all or any, on the Contract Price or Contract Times. ' part of the Work refer to Substantial Completion thereof. 56. Written Amendment—A written statement modifying the Contract Documents, signed by 50. Supplementary General Conditions--That OWNER and CONTRACTOR on or after the part of the Contract Documents which amends Effective Date of the Agreement and normally or supplements these General Conditions of dealing with the non-engineering or the Construction Contract.. nontechnical rather than strictly construction-related aspects of the Contract 51. Supplier—A manufacturer, fabricator, Documents. supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or 1.02 Terminology ' with any Subcontractor to furnish materials or equipment to be incorporated in the Work by A. Intent of Certain Terms or Adjectives CONTRACTOR or any Subcontractor. 1. Whenever in the Contract Documents 52. Underground Facilities--All underground the terms"as allowed,""as approved,"or terms pipelines, conduits, ducts, cables, wires, of like effect or import are used, or the manholes,vaults,tanks,tunnels,or other such adjectives "reasonable," "suitable," facilities or attachments, and any encasements "acceptable," "proper," "satisfactory," or containing such facilities, including those that adjectives of like effect or import are used to convey electricity, gases, steam, liquid describe an action or determination of petroleum products, telephone or other ENGINEER as to the Work, it is intended that communications, cable television, water, such action or determination will be solely to ' wastewater, storm water, other liquids or evaluate, in general, the completed Work for chemicals, or traffic or other control systems. compliance with the requirements of and information in the Contract Documents and ' 53. Unit Price Work—Work to be paid for on the conformance with the design concept of the basis of unit prices. completed Project as a functioning whole as shown or indicated in the Contract Documents 54. Work—The entire completed construction or (unless there is a specific statement indicating ' the various separately identifiable parts thereof otherwise). The use of any such term or required to be provided under the Contract adjective shall not be effective to assign to Documents. Work includes and is the result of ENGINEER any duty or authority to supervise performing or providing all labor, services, and or direct the performance of the Work or any documentation necessary to produce such duty or authority to undertake responsibility construction, and furnishing, installing, and contrary to the provisions of paragraph 9.10 or incorporating all materials and equipment into any other provision of the Contract Documents. such construction, all as required by the Contract Documents. B. Day 55. Work Change Directive--A written ' statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition,deletion,or revision in the 1. The word "day" shall constitute a calendar day of 24 hours measured from C. Defective midnight to the next midnight. ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 8 1. The word "defective," when modifying accordance with such recognized meaning. the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it does not conform to the Contract Documents or ARTICLE 2- PRELIMINARY MATTERS does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Docu- ments, or has been damaged prior to ' ENGINEER's recommendation of final payment 2.01 Delivery of Bonds (unless responsibility for the protection thereof has been assumed by OWNER at Substantial A. When CONTRACTOR delivers the execut- ' Completion in accordance with the ed Agreements to OWNER,CONTRACTOR shall Construction Contract. paragraph 14.04 or also deliver to OWNER such Bonds as 4485). CONTRACTOR may be required to furnish. D. Furnish, Install, Perform, Provide 2.02 Copies of Documents 1. The word "furnish," when used in A. OWNER shall furnish to CONTRACTOR up connection with services, materials, or to ten copies of the Contract Documents. ' equipment, shall mean to supply and deliver Additional copies will be furnished upon request at said services, materials, or equipment to the the cost of reproduction. Site(or some other specified location)ready for ' use or installation and in usable or operable 2.03 CommencementofContract Times;Notice condition. to Proceed 2. The word "install," when used in A. The Contract Times will commence to run connection with services, materials, or on the thirtieth day after the Effective Date of the equipment, shall mean to put into use or place Agreement or, if a Notice to Proceed is given, on in final position said services, materials, or the day indicated in the Notice to Proceed. A equipment complete and ready for intended Notice to Proceed may be given at any time within use. 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to 3. The words"perform"or"provide,"when run later than the sixtieth day after the day of Bid used in connection with services, materials, or opening orthe thirtieth day after the Effective Date ' equipment, shall mean to furnish and install of the Agreement, whichever date is earlier. said services, materials, or equipment complete and ready for intended use. 2.04 Starting the Work ' 4. When "furnish," "install," "perform," or A. CONTRACTOR shall start to perform the "provide" is not used in connection with Work on the date when the Contract Times com- services, materials, or equipment in a context mence to run. No Work shall be done at the Site clearly requiring an obligation of prior to the date on which the Contract Times com- CONTRACTOR, "provide" is implied. mence to run. E. Unless stated otherwise in the Contract 2.05 Before Starting Construction ' Documents, words or phrases which have a well- known technical or construction industry or trade meaning are used in the Contract Documents in A. CONTRACTOR's Review of Contract affected thereby; however, CONTRACTOR shall Documents: Before undertaking each part of the not be liable to OWNER or ENGINEER for failure Work, CONTRACTOR shall carefully study and to report any conflict, error, ambiguity, or compare the Contract Documents and check and discrepancy in the Contract Documents unless ' verify pertinent figures therein and all applicable CONTRACTOR knew or reasonably should have field measurements. CONTRACTOR shall known thereof. promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which B. Preliminary Schedules: Within ten days ' CONTRACTOR may discover and shall obtain a after the Effective Date of the Agreement(unless written interpretation or clarification from otherwise specified in the General Requirements), ENGINEER before proceeding with any Work CONTRACTOR shall submit to ENGINEER for its ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 9 timely review: acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 1. a preliminary progress schedule 2.05.B. CONTRACTOR shall have an additional indicating the times(numbers of days or dates) ten days to make corrections and adjustments and for starting and completing the various stages to complete and resubmit the schedules. No of the Work, including any Milestones specified progress payment shall be made to in the Contract Documents; CONTRACTOR until acceptable schedules are submitted to ENGINEER. 2. a preliminary schedule of Shop Drawing and Sample submittals which will list 1. The progress schedule will be accept- each required submittal and the times for sub- able to ENGINEER if it provides an orderly mitting, reviewing, and processing such progression of the Work to completion within submittal; and any specified Milestones and the Contract Times. Such acceptance will not impose on 3. a preliminary schedule of values for all ENGINEER responsibility for the progress of the Work which includes quantities and schedule, for sequencing, scheduling, or prices of items which when added together progress of the Work nor interfere with or equal the Contract Price and subdivides the relieve CONTRACTOR from CONTRACTOR's Work into component parts in sufficient detail to full responsibility therefor. ' serve as the basis for progress payments during performance of the Work. Such prices 2. CONTRACTOR's schedule of Shop will include an appropriate amount of overhead Drawing and Sample submittals will be and profit applicable to each item of Work. acceptable to ENGINEER if it provides a workable arrangement for reviewing and C. Evidence of Insurance: Before any Work at processing the required submittals. the Site is started, CONTRACTOR and OWNER shall each deliver to the other,with copies to each 3. CONTRACTOR's schedule of values additional insured identified in the Supplementary will be acceptable to ENGINEER as to form Conditions, certificates of insurance (and other and substance if it provides a reasonable evidence of insurance which either of them or any allocation of the Contract Price to component 1 additional insured may reasonably request)which parts of the Work. CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance ARTICLE 3-CONTRACT DOCUMENTS: with Article 5. INTENT, AMENDING, REUSE 2.06 Preconstruction Conference ' A. Within 20 days after the Contract Times 3.01 Intent start to run, but before any Work at the Site is started,a conference attended by CONTRACTOR, A. The Contract Documents are comple- ENGINEER, and others as appropriate will be held mentary; what is called for by one is as binding as to establish a working understanding among the if called for by all. parties as to the Work and to discuss the schedules referred to in paragraph 2.05.13, proce- B. It is the intent of the Contract Documents to dures for handling Shop Drawings and other describe a functionally complete Project (or part ' submittals, processing Applications for Payment, thereof) to be constructed in accordance with the and maintaining required records. Contract Documents. Any labor, documentation, services, materials, or equipment that may 2.07 Initial Acceptance of Schedules reasonably be inferred from the Contract Docu- A. Unless otherwise provided in the Contract ments or from prevailing custom or trade usage as Documents, at least ten days before submission of being required to produce the intended result will the first Application for Payment a conference be provided whether or not specifically called for at ' attended by CONTRACTOR, ENGINEER, and no additional cost to OWNER. others as appropriate will be held to review for C. Clarifications and interpretations of the Contract shall consist of furnishing all plant,tools, Contract Documents shall be issued by equipment, materials, and manufactured articles ENGINEER as provided in Article 9. and for furnishing all transportation services, and all fuel, power, water, and essential D. The work to be performed under this communications, and for the performance of all ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 10 labor, work, or other operations required for the fulfillment of the Contract in strict accordance with 3.03 Reporting and Resolving Discrepancies the Specifications, Drawings„ Schedules, and other Contract Documents as defined in the A. Reporting Discrepancies Contract, all of which are made a part hereof and including such detail sketches as may be furnished 1. If,during the performance of the Work, by the Engineer from time to time during CONTRACTOR discovers any conflict, error, construction in explanation of said Drawings or ambiguity, or discrepancy within the Contract other Contract Documents. Documents or between the Contract Docu- ments and any provision of any Law or E The Work shall be complete and operable, Regulation applicable to the performance of the and all work, materials, and services not expressly Work or of any standard,specification,manual called for or shown in the Contract Documents or code, or of any instruction of any Supplier, which may be necessary for the complete and CONTRACTOR shall report it to ENGINEER in proper construction of the Work in good faith shall writing at once. CONTRACTOR shall not be performed, furnished, and installed by the proceed with the Work affected thereby(except Contractor as though originally so specified or in an emergency as required by paragraph shown, at no additional cost to the Owner. 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.02 Reference Standards 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for A. Standards, Specifications, Codes, Laws, failure to report any such conflict, error, and Regulations ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should 1. Reference to standards,specifications, have known thereof. ,. manuals, or codes of any technical society, organization, or association, or to Laws or B. Resolving Discrepancies Regulations, whether such reference be specific or by implication, shall mean the stan- 1. Except as maybe otherwise specifically dard, specification, manual, code, or Laws or stated in the Contract Documents, the provi- Regulations in effect at the time of opening of sions of the Contract Documents shall take Bids(or on the Effective Date of the Agreement precedence in resolving any conflict, error, if there were no Bids), except as may be ambiguity, or discrepancy between the otherwise specifically stated in the Contract provisions of the Contract Documents and: Documents. a. the provisions of any standard, 2. No provision of any such standard, specification, manual, code, or instruction specification, manual or code, or any (whether or not specifically incorporated by instruction of aSupplier shall be effective to reference in the Contract Documents); or change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or b. the provisions of any Laws or any of their subcontractors, consultants, Regulations applicable to the performance agents, or employees from those set forth in of the Work (unless such an interpretation the Contract Documents, nor shall any such of the provisions of the Contract provision or instruction be effective to assign to Documents would result in violation of such OWNER, ENGINEER, or any of Design Law or Regulation). Engineers, agents, or employees any duty or authority to supervise or direct the performance 3.04 Amending and Supplementing Contract of the Work or any duty or authority to Documents undertake responsibility inconsistent with the provisions of the Contract Documents. A. The Contract Documents maybe amended B. The requirements of the Contract to provide for additions,deletions,and revisions in Documents may be supplemented, and minor the Work or to modify the terms and conditions variations and deviations in the Work may be thereof in one or more of the following ways: (i) a authorized, by one or more of the following ways: Written Amendment; (ii)a Change Order; or(iii)a (i) a Field Order; (ii) ENGINEER's approval of a Work Change Directive. Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarification. CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 11 1 t is entitled to rely as provided in paragraph 4.02 b. with respect to Work that is paid for is materially inaccurate; or on a Unit Price Basis, any adjustment in Contract Price will be subject to the 2. is of such a nature as to require a provisions of paragraphs 9.08 and 11.03. ' change in the Contract Documents; or 2. CONTRACTOR shall not be entitled to 3. differs materially from that shown or any adjustment in the Contract Price or indicated in the Contract Documents; or Contract Times if: ' 4. is of an unusual nature, and differs a. CONTRACTOR knew of the materially from conditions ordinarily existence of such conditions at the time ' encountered and generally recognized as CONTRACTOR made a final commitment inherent in work of the character provided for in to OWNER in respect of Contract Price the Contract Documents; then CONTRACTOR and Contract Times by the submission of a shall, promptly after becoming aware thereof Bid or becoming bound under a negotiated ' and before further disturbing the subsurface or contract; or physical conditions or performing any Work in connection therewith (except in an emergency b. the existence of such condition as required by paragraph 6.16.A), notify could reasonably have been discovered or ' OWNER and ENGINEER in writing about such revealed as a result of any examination, condition. CONTRACTOR shall not further investigation, exploration, test, or study of disturb such condition or perform any Work in the Site and contiguous areas required by connection therewith(except as aforesaid)until the Bidding Requirements or Contract receipt of written order to do so. Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's B. ENGINEER's Review: After receipt of making such final commitment; or ' written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent c. CONTRACTOR failed to give the condition, determine the necessity of OWNER's written notice within the time and as re- obtaining additional exploration or tests with quired by paragraph 4.03.A. ' respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's 3. If OWNER and CONTRACTOR are findings and conclusions. unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in ' C. Possible Price and Times Adjustments the Contract Price or Contract Times,or both,a Claim may be made therefor as provided in the 1. The Contract Price or the Contract Construction Contract. paragraph— 10� ' Times,or both,will be equitably adjusted to the However, OWNER, ENGINEER, and Design extent that the existence of such differing Engineers shall not be liable to CONTRACTOR subsurface or physical condition causes an in- for any claims, costs, losses, or damages crease or decrease in CONTRACTOR's cost (including but not limited to all fees and ' of, or time required for, performance of the charges of engineers,architects,attorneys,and Work; subject, however, to the following: other professionals and all court or arbitration or other dispute resolution costs) sustained by a. such condition must meet any one CONTRACTOR on or in connection with any ' or more of the categories described in other project or anticipated project. paragraph 4.03.A; and ' 4.04 Underground Facilities 1. OWNER and ENGINEER shall not be A. Shown or Indicated: The information and responsible for the accuracy or completeness data shown or indicated in the Contract Docu- of any such information or data; and ' ments with respect to existing Underground Facili- ties at or contiguous to the Site is based on infor- 2. the cost of all of the following will be mation and data furnished to OWNER or included in the Contract Price, and ENGINEER by the owners of such Underground CONTRACTOR shall have full responsibility ' Facilities, including OWNER, or by others. Unless for: it is otherwise expressly provided in the Sup- a. reviewing and checking all such plementary Conditions: information and data, ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 13 1 to the existence or location of any Underground b. locating all Underground Facilities Facility that was not shown or indicated or not shown or indicated in the Contract shown or indicated with reasonable accuracy in Documents, the Contract Documents and that CONTRACTOR did not know of and could not c. coordination of the Work with the reasonably have been expected to be aware of OWNERS of such Underground Facilities, or to have anticipated. If OWNER and including OWNER, during construction, CONTRACTOR are unable to agree on ' and entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price d. the safety and protection of all such or Contract Times,OWNER or CONTRACTOR ' Underground Facilities and repairing any may make a Claim therefor as provided in the damage thereto resulting from the Work. Construction Contract. paragraph 40.05. B. Not Shown or Indicated 4.05 Reference Points ' 1. If an Underground Facility is uncovered A. OWNER shall provide engineering surveys or revealed at or contiguous to the Site which to establish reference points for construction which was not shown or indicated, or not shown or in ENGINEER's judgment are necessaryto enable indicated with reasonable accuracy in the CONTRACTOR to proceed with the Work. Contract Documents, CONTRACTOR shall, CONTRACTOR shall be responsible for laying out promptly after becoming aware thereof and the Work, shall protect and preserve the ' before further disturbing conditions affected established reference points and property thereby or performing any Work in connection monuments, and shall make no changes or reloca- therewith(except in an emergency as required tions without the prior written approval of OWNER. by paragraph 6.16.A), identify the OWNER of CONTRACTOR shall report to ENGINEER such Underground Facility and give written whenever any reference point or property notice to that OWNER and to OWNER and monument is lost or destroyed or requires ENGINEER. ENGINEER will promptly review relocation because of necessary changes in the Underground Facility and determine the grades or locations, and shall be responsible for ' extent, if any, to which a change is required in the accurate replacement or relocation of such the Contract Documents to reflect and reference points or property monuments by document the consequences of the existence professionally qualified personnel. or location of the Underground Facility. During ' such time, CONTRACTOR shall be responsible 4.06 Hazardous Environmental Condition at Site for the safety and protection of such Underground Facility. A. Reports and Drawings: Reference is made ' to the Supplementary Conditions for the 2. If ENGINEER concludes that a change identification of those reports and drawings relating in the Contract Documents is required, a Work to a Hazardous Environmental Condition identified Change Directive or a Change Order will be at the Site, if any, that have been utilized by the issued to reflect and document such conse- ENGINEER in the preparation of the Contract quences. An equitable adjustment shall be Documents. made in the Contract Price of Contract Times, or both, to the extent that they are attributable B. Limited Reliance by CONTRACTOR on including, but not limited to, any aspects of the Technical Data Authorized: CONTRACTOR may means, methods, techniques, sequences and rely upon the general accuracy of the "technical procedures of construction to be employed by ' data" contained in such reports and drawings, but CONTRACTOR and safety precautions and such reports and drawings are not Contract programs incident thereto; or Documents. Such"technical data"is identified in the Supplementary Conditions. Except for such 2. other data, interpretations,opinions and ' reliance on such"technical data,"CONTRACTOR information contained in such reports or shown may not rely upon or make any Claim against or indicated in such drawings; or OWNER, ENGINEER or any of Design Engineers with respect to: 3. any CONTRACTOR interpretation of or ' conclusion drawn from any "technical data" or 1. the completeness of such reports and any such other data, interpretations,opinions or drawings for CONTRACTOR's purposes, information. ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 14 ' delivered to CONTRACTOR written notice: (i) C. CONTRACTOR shall not be responsible for specifying that such condition and any affected any Hazardous Environmental Condition area is or has been rendered safe for the resump- uncovered or revealed at the Site which was not tion of Work; or (ii) specifying any special condi- shown or indicated in Drawings or Specifications tions under which such Work may be resumed or identified in the Contract Documents to be safely. If OWNER and CONTRACTOR cannot within the scope of the Work. CONTRACTOR agree as to entitlement to or on the amount or shall be responsible for a Hazardous extent, if any, of any adjustment in Contract Price Environmental Condition created with any materi- or Contract Times, or both, as a result of such als brought to the Site by CONTRACTOR, Work stoppage or such special conditions under Subcontractors, Suppliers, or anyone else for which Work is agreed to be resumed by ' whom CONTRACTOR is responsible. CONTRACTOR, either party may make a Claim therefor as provided in the Construction Contract. D. If CONTRACTOR encounters a Hazardous paragraph 19.85. Environmental Condition or if CONTRACTOR or ' anyone for whom CONTRACTOR is responsible F. If after receipt of such written notice creates a Hazardous Environmental Condition, CONTRACTOR does not agree to resume such CONTRACTOR shall immediately: (i) secure or Work based on a reasonable belief it is unsafe, or otherwise isolate such condition; (ii)stop all Work does not agree to resume such Work under such ' in connection with such condition and in any area special conditions, then OWNER may order the affected thereby (except in an emergency as portion of the Work that is in the area affected by required by paragraph 6.16); and (iii) notify such condition to be deleted from the Work. If ' OWNER and ENGINEER(and promptly thereafter OWNER and CONTRACTOR cannot agree as to confirm such notice in writing). OWNER shall entitlement to or on the amount or extent, if any,of promptly consult with ENGINEER concerning the an adjustment in Contract Price or Contract Times necessity for OWNER to retain a qualified expert as a result of deleting such portion of the Work, ' to evaluate such condition or take corrective then either party may make a Claim therefor as action, if any. provided in the Construction Contact. paragraph 1005 OWNER may have such deleted portion of E. CONTRACTOR shall not be required to the Work performed by OWNER's own forces or ' resume Work in connection with such condition or others in accordance with Article 7. in any affected area until after OWNER has ob- tained any required permits related thereto and ' G. To the fullest extent permitted bylaws and hold harmless OWNER, ENGINEER, Design Regulations, OWNER shall indemnify and hold Engineers, and the officers, directors, partners, harmless CONTRACTOR, Subcontractors, employees, agents, other consultants, and ENGINEER, Design Engineers and the officers, subcontractors of each and any of them from and ' directors, partners, employees, agents, other against all claims, costs, losses, and damages consultants, and subcontractors of each and any (including but not limited to all fees and charges of of them from and against all claims, costs, losses, ENGINEERS, architects, attorneys, and other and damages (including but not limited to all fees professionals and all court or arbitration or other ' and charges of ENGINEERS, architects, dispute resolution costs) arising out of or relating attorneys, and other professionals and all court or to a Hazardous Environmental Condition created arbitration or other dispute resolution costs)arising by CONTRACTOR or by anyone for whom out of or relating to a Hazardous Environmental CONTRACTOR is responsible. Nothing in this ' Condition, provided that such Hazardous paragraph 4.06.F shall obligate CONTRACTOR to Environmental Condition: (i) was not shown or indemnify any individual or entity from and against indicated in the Drawings or Specifications or the consequences of that individual's or entity's identified in the Contract Documents to be own negligence. included within the scope of the Work,and(ii)was not created by CONTRACTOR or by anyone for 1. The provisions of paragraphs 4.02, 4.03, whom CONTRACTOR is responsible. Nothing in and 4.04 are not intended to apply to a Hazardous ' this paragraph 4.06.E shall obligate OWNER to Environmental Condition uncovered or revealed at indemnify any individual or entity from and against the Site. the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted b Laws and Regulations, CONTRA TOR shall indemnity and CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 15 - - -- --- -- - -- - - -- - - - - - - - - - - - - - - - - -- -- - - -- - - -- - - - - - -- - - - - - - - -- - - - --- - - -- ------ -- - - - . . . - N i- .... -- - - -- --- -- - - - - - - - - -- ----------- - - - --- -- - - - - - - - --- - - -- -- - - - - - - - - - - -- - - - --- -- - -- - -- - - - -- - -- - - - - --- - --- --- - - - - - - .- w IN .- om - - - - - - - - - - - - -- - -- - - ------------ ------------------ - • . - - - -- -- - - --- - - -- -- - - - -- - - -- - - -- - - 0.0 M-0111.1110-11 - - - -- -- -- - -- --- -- - - - - - - - . ._ .. .. . --------------- ----- ----- -- - --- - - -- - - - - - - - - -- - - r H - . - --------------- - - - - - - - - -- - - - --- -- - - -- - -- -- - --- - - - - - - -i i-- --0. --- - ................ . . ----- . - NK - ------------------------ ---------------------- - - - - - - -- - -- - - - - - - - - - - - -- - . . -- - --- - - - -- - - - - - - --------------- - ON- - -- - -- - - -- - - - ----- - - - - -- , - = _ - _ - - INNINNO-0-1 - - - - - - -- - -- - - ---- - - -- -- - -- - - - - - - -- - - - -- -- - - - - - ............ - - - -- -- -- - -- - - - - - - -- - - - - -- -- - - _ - -- . - - - - - - - -- - - - - - -- - - - - - -- -- - - - -- -- ---------------- -. :• - - . ---------------------- --- - - - -- -- - - - - --- - -- --- - - - - - AM _ - - - - -- - - - - - - - - - - ---- -- - -- O. - - -- -- -- - - -- --- - - - - --- - - - --- - - . . the nn.iien in interact m aGh If ne athe Shall be red nlaGed the ' SUGh party shall notify the 9ther aq ,.{ting ni Gl; failure to 1 OWNER's exaFGiSA Gf this power. if s- ether paFty's interest I rie pa ' interact i aGhed OWNER s fidWGiaFy shall 5.09 Partial r a(�u6t and settle thA Ings with the inrureFs and, 6 PfGP9F;4'Aq614F9 FequiFed in siting by any paFty in'nterest Q%A/ACD A If Q1A/NCD as fiduGiaFy shall give bond for the prepe f Rdr it n n,te n staRt al GarnpletiGR of all the WeFk as pmvicled in 5.08 4GG9ptanGe ef Bonds and wo r QP#GR tO T 1 ' nelfifiGaten(er ether e,i denne e n ested)re 'rerl by paragraph 2.05.C. CANNrR n and ARTICLE 6 - CONTRACTOR'S RE- Contract Documents. ' SPONSIBILITIES B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent thereto who shall not be ' 6.01 Supervision and Superintendence replaced without written notice to OWNER and ENGINEER except under extraordinary A. CONTRACTOR shall supervise, inspect, circumstances. The superintendent will be ' and direct the Work competently and efficiently, CONTRACTOR's representative at the Site and devoting such attention thereto and applying such shall have authority to act on behalf of skills and expertise as may be necessary to CONTRACTOR. All communications given to or perform the Work in accordance with the Contract received from the superintendent shall be binding Documents. CONTRACTOR shall be solely on CONTRACTOR. responsible for the means, methods, techniques, sequences, and procedures of construction, but C. The CONTRACTOR's authorized CONTRACTOR shall not be responsible for the representative shall be present at the site of the ' negligence of OWNER or ENGINEER in the Work at all times while the Work is in progress. design or specification of a specific means, Failure to observe this requirement shall be method, technique, sequence, or procedure of considered as a suspension of the Work by the construction which is shown or indicated in and CONTRACTOR. 1 expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that 6.02 Labor; Working Hours the completed Work complies accurately with the CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 19 ' A. CONTRACTOR shall provide competent, specified, shall be of good quality and new,except suitably qualified personnel to survey, lay out, and as otherwise provided in the Contract Documents. construct the Work as required by the Contract All warranties and guarantees specifically called Documents. CONTRACTOR shall at all times for by the Specifications shall expressly run to the ' maintain good discipline and order at the Site. benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence B. Except as otherwise required for the safety (including reports of required tests) as to the or protection of persons or the Work or property at source, kind, and quality of materials and equip- the Site or adjacent thereto, and except as other- ment. All materials and equipment shall be stored, wise stated in the Contract Documents,all Work at applied, installed, connected, erected, protected, the Site shall be performed during regular working used, cleaned,and conditioned in accordance with hours, and CONTRACTOR will not permit instructions of the applicable Supplier, except as overtime work or the performance of Work on otherwise may be provided in the Contract Docu- Saturday, Sunday, or any legal holiday without ments. OWNER's written consent (which will not be unreasonably withheld) given after prior written 6.04 Progress Schedule notice to ENGINEER. A. CONTRACTOR shall adhere to the prog- 6.03 Services, Materials, and Equipment ress schedule established in accordance with I paragraph 2.07 as it may be adjusted from time to A. Unless otherwise specified in the General time as provided below. Requirements, CONTRACTOR shall provide and ' assume full responsibility for all services, 1. CONTRACTOR shall submit to materials, equipment, labor, transportation, ENGINEER for acceptance(to the extent indi- construction equipment and machinery, tools, rated in paragraph 2.07)proposed adjustments appliances, fuel, power, light, heat, telephone, in the progress schedule that will not result in ' water, sanitary facilities, temporary facilities, and changing the Contract Times (or Milestones). all other facilities and incidentals necessary forthe Such adjustments will conform generally to the performance, testing, start-up, and completion of progress schedule then in effect and additional- the Work. ly will comply with any provisions of the General ' Requirements applicable thereto. B. All materials and equipment incorporated into the Work shall be as specified or, if not 2. Proposed adjustments in the progress proposed by CONTRACTOR is functionally ' schedule that will change the Contract Times equal to that named and sufficiently similar so (or Milestones) shall be submitted in that no change in related Work will be required, accordance with the requirements of Article 12. it may be considered by ENGINEER as an ' Such adjustments may only be made by a "or-equal" item, in which case review and Change Order or Written Amendment in accor- approval of the proposed item may, in dance with Article 12. ENGINEER's sole discretion, be accomplished without compliance with some or all of the ' 6.05 Substitutes and"Or-Equals" requirements for approval of proposed substi- tute items. For the purposes of this paragraph A. Whenever an item of material or equipment 6.05.A.1, a proposed item of material or is specified or described in the Contract Docu- equipment will be considered functionally equal ' ments by using the name of a proprietary item or to an item so named if: the name of a particular Supplier,the specification or description is intended to establish the type, a. in the exercise of reasonable ' function, appearance,and quality required. Unless judgment ENGINEER determines that: (i) the specification or description contains or is it is at least equal in quality, durability, followed by words reading that no like,equivalent, appearance, strength, and design or "or-equal" item or no substitution is permitted, characteristics; (ii) it will reliably perform at other items of material or equipment or material or least equally well the function imposed by equipment of other Suppliers may be submitted to the design concept of the completed ENGINEER for review under the circumstances Project as a functioning whole, and; described below. ' b. CONTRACTOR certifies that: (i) 1. "Or-Equar Items: If in ENGINEER's there is no increase in cost to the OWNER; sole discretion an item of material or equipment and (ii) it will conform substantially, even ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 20 with deviations, to the detailed item of material or equipment proposed is requirements of the item named in the essentially equivalentto that named and an Contract Documents. acceptable substitute therefor. Requests for review of proposed substitute items of 2. Substitute Items material or equipment will not be accepted by ENGINEER from anyone other than a. If in ENGINEER's sole discretion CONTRACTOR. an item of material or equipment proposed ' by CONTRACTOR does not qualify as an c. The procedure for review by "or-equal"item under paragraph 6.05.A.1,it ENGINEER will be as set forth in will be considered a proposed substitute paragraph 6.05.A.2.d, as supplemented in item. the General Requirements and as ENGINEER may decide is appropriate b. CONTRACTOR shall submit suffi- under the circumstances. cient information as provided below to ' allow ENGINEER to determine that the d. CONTRACTOR shall first make quence, or procedure of construction is shown or written application to ENGINEER for review indicated in and expressly required by the Contract of a proposed substitute item of material or Documents, CONTRACTOR may furnish or utilize ' equipment that CONTRACTOR seeks to a substitute means, method,technique,sequence, furnish or use. The application shall certify or procedure of construction approved by that the proposed substitute item will ENGINEER. CONTRACTOR shall submit perform adequately the functions and sufficient information to allow ENGINEER, in ' achieve the results called for by the general ENGINEER's sole discretion,to determine that the design, be similar in substance to that substitute proposed is equivalent to that expressly specified, and be suited to the same use as called for by the Contract Documents. The proce- ' that specified. The application will state the dure for review by ENGINEER will be similar to extent, if any, to which the use of the pro- that provided in subparagraph 6.05.A.2. posed substitute item will prejudice CONTRACTOR's achievement of Substan- C. ENGINEER'sEvaluation: ENGINEER will tial Completion on time,whether or not use be allowed a reasonable time within which to of the proposed substitute item in the Work evaluate each proposal or submittal made will require a change in any of the Contract pursuant to paragraphs 6.05.A and 6.05.8. Documents (or in the provisions of any ENGINEER will be the sole judge of acceptability. ' other direct contract with OWNER forwork No "or-equal" or substitute will be ordered, on the Project) to adapt the design to the installed or utilized until ENGINEER's review is proposed substitute item and whether or complete, which will be evidenced by either a ' not incorporation or use of the proposed Change Order for a substitute or an approved substitute item in connection with the Work Shop Drawing for an "or equal." ENGINEER will is subject to payment of any license fee or advise CONTRACTOR in writing of any negative royalty. All variations of the proposed determination. ' substitute item from that specified will be identified in the application, and available D. Special Guarantee: OWNER may require ENGINEERING, sales, maintenance, CONTRACTOR to furnish at CONTRACTOR'sex- repair, and replacement services will be pense a special performance guarantee or other indicated. The application will also contain surety with respect to any substitute. an itemized estimate of all costs or credits that will result directly or indirectly from use E. ENGINEER's Cost Reimbursement., of such substitute item, including costs of ENGINEER will record time required by ' redesign and claims of other contractors ENGINEER and Design Engineers in evaluating affected by any resulting change, all of substitute proposed or submitted by which will be considered by ENGINEER in CONTRACTOR pursuant to paragraphs 6.05.A.2 ' evaluating the proposed substitute item. and 6.05.B and in making changes in the Contract ENGINEER may require CONTRACTOR to Documents(or in the provisions of any other direct furnish additional data about the proposed contract with OWNER for work on the Project) substitute item. occasioned thereby. Whether or not ENGINEER ' approves a substitute item so proposed or B. Substitute Construction Methods orProce- submitted by CONTRACTOR, CONTRACTOR dures: If a specific means, method,technique, se- shall reimburse OWNER for the charges of ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 21 ' ENGINEER and Design Engineers for evaluating OWNER in advance for acceptance by OWNER each such proposed substitute. by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submit- F. CONTRACTOR's Expense: ted a list thereof in accordance with the Supple- CONTRACTOR shall provide all data in support of mentary Conditions,OWNER's acceptance(either any proposed substitute or "or-equal" at in writing or by failing to make written objection CONTRACTOR's expense. thereto by the date indicated for acceptance or objection in the Bidding Documents or the Con- 6.06 Concerning Subcontractors, Suppliers,and tract Documents) of any such Subcontractor, Others Supplier, or other individual or entity so identified may be revoked on the basis of reasonable ' A. CONTRACTOR shall not employ any objection after due investigation. CONTRACTOR Subcontractor, Supplier, or other individual or shall submit an acceptable replacement for the entity (including those acceptable to OWNER as rejected Subcontractor, Supplier, or other indicated in paragraph 6.06.13), whether initially or individual or entity, and the Contract Price will be as a replacement, against whom OWNER may adjusted by the difference in the cost occasioned have reasonable objection. CONTRACTOR shall by such replacement, and an appropriate Change not be required to employ any Subcontractor. Order will be issued or Written Amendment Supplier, or other individual or entity to furnish or signed. No acceptance by OWNER of any such perform any of the Work against whom Subcontractor, Supplier, or other individual or CONTRACTOR has reasonable objection. entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ' B. If the Supplementary Conditions require the ENGINEER to reject defective Work. identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to C. CONTRACTOR shall be fully responsible to among Subcontractors or Suppliers or delineating ' OWNER and ENGINEER for all acts and omis- the Work to be performed by any specific trade. sions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any G. All Work performed for CONTRACTOR by of the Work just as CONTRACTOR is responsible a Subcontractor or Supplier will be pursuant to an ' for CONTRACTOR's own acts and omissions. appropriate agreement between CONTRACTOR Nothing in the Contract Documents shall create for and the Subcontractor or Supplier which the benefit of any such Subcontractor, Supplier,or specifically binds the Subcontractor or Supplier to other individual or entity any contractual relation- the applicable terms and conditions of the Contract ' ship between OWNER or ENGINEER and any Documents for the benefit of OWNER and such Subcontractor, Supplier or other individual or ENGINEER. Whenever any such agreement is entity, nor shall it create any obligation on the part with a Subcontractor or Supplier who is listed as ' of OWNER or ENGINEER to pay or to see to the an additional insured on the property insurance payment of any moneys due any such provided in the Construction Contract paragraph Subcontractor, Supplier, or other individual or 595,the agreement between the CONTRACTOR entity except as may otherwise be required by and the Subcontractor or Supplier will contain ' Laws and Regulations. provisions whereby the Subcontractor or Supplier waives all rights against OWNER, D. CONTRACTOR shall be solely responsible CONTRACTOR, ENGINEER, Design Engineers, for scheduling and coordinating the Work of and all other individuals or entities identified in the ' Subcontractors, Suppliers,and other individuals or Supplementary Conditions to be listed as insureds entities performing or furnishing any of the Work or additional insureds (and the officers, directors, under a direct or indirect contract with partners, employees, agents, and other CONTRACTOR. consultants and subcontractors of each and any of them) for all losses and damages caused by, E. CONTRACTOR shall require all arising out of, relating to, or resulting from any of Subcontractors, Suppliers, and such other the perils or causes of loss covered by such ' individuals or entities performing or furnishing any policies and any other property insurance of the Work to communicate with ENGINEER applicable to the Work. If the insurers on any such through CONTRACTOR. policies require separate waiver forms to be signed by any Subcontractor or Supplier, ' F. The divisions and sections of the Specifica- CONTRACTOR will obtain the same. tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work 6.07 Patent Fees and Royalties CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 22 1 ' the performance of the Work or resulting from the A. CONTRACTOR shall pay all license fees incorporation in the Work of any invention, design, and royalties and assume all costs incident to the process, product, or device not specified in the use in the performance of the Work or the Contract Documents. ' incorporation in the Work of any invention,design, process, product, or device which is the subject of 6.08 Permits patent rights or copyrights held by others. If a particular invention, design, process, product, or A. Unless otherwise provided in the Supple- device is specified in the Contract Documents for mentary Conditions, CONTRACTOR shall obtain use in the performance of the Work and if to the and pay for all construction permits and licenses. actual knowledge of OWNER or ENGINEER its OWNER shall assist CONTRACTOR, when ' use is subject to patent rights or copyrights calling necessary, in obtaining such permits and licenses. for the payment of any license fee or royalty to CONTRACTOR shall pay all governmental others, the existence of such rights shall be charges and inspection fees necessary for the disclosed by OWNER in the Contract Documents. prosecution of the Work which are applicable at ' To the fullest extent permitted by Laws and the time of opening of Bids,or, if there are no Bids, Regulations, CONTRACTOR shall indemnify and on the Effective Date of the Agreement. hold harmless OWNER, ENGINEER, Design CONTRACTOR shall pay all charges of utility Engineers, and the officers, directors, partners, OWNERS for connections to the Work, and employees or agents, and other consultants of OWNER shall pay all charges of such utility each and any of them from and against all claims, OWNERS for capital costs related thereto,such as costs, losses, and damages (including but not plant investment fees. ' limited to all fees and charges of ENGINEERS, architects, attorneys, and other professionals and 6.09 Laws and Regulations all court or arbitration or other dispute resolution costs)arising out of or relating to any infringement 1 of patent rights or copyrights incident to the use in A. CONTRACTOR shall give all notices and on entitlement to or on the amount or extent, if complywith all Laws and Regulations applicable to any, of any such adjustment, a Claim may be the performance of the Work. Except where made therefor as provided in the Construction ' otherwise expressly required by applicable Laws Contract. garagraphl&05. and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring 6.10 Taxes CONTRACTOR's compliance with any Laws or ' Regulations. A. CONTRACTOR shall pay all sales, con- sumer, use, and other similar taxes required to be B. If CONTRACTOR performs any Work paid by CONTRACTOR in accordance with the ' knowing or having reason to know that it is Laws and Regulations of the place of the Project contrary to Laws or Regulations, CONTRACTOR which are applicable during the performance of the shall bear all claims, costs, losses, and damages Work. (including but not limited to all fees and charges of t ENGINEERS, architects, attorneys, and other 6.11 Use of Site and Other Areas professionals and all court or arbitration or other dispute resolution costs) arising out of or relating A. Limitation on Use of Site and Other Areas to such Work; however, it shall not be t CONTRACTOR's primary responsibility to make 1. CONTRACTOR shall confine certain that the Specifications and Drawings are in construction equipment, the storage of accordance with Laws and Regulations, but this materials and equipment, and the operations of shall not relieve CONTRACTOR of workers to the Site and other areas permitted CONTRACTOR's obligations under paragraph by Laws and Regulations, and shall not 3.03. unreasonably encumber the Site and other areas with construction equipment or other C. Changes in Laws or Regulations not known materials or equipment. CONTRACTOR shall at the time of opening of Bids(or, on the Effective assume full responsibility for any damage to Date of the Agreement if there were no Bids) any such land or area, or to the OWNER or having an effect on the cost or time of occupant thereof, or of any adjacent land or ' performance of the Work may be the subject of an areas resulting from the performance of the adjustment in Contract Price or Contract Times. If Work. OWNER and CONTRACTOR are unable to agree ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 23 ' 2. Should any claim be made by any such the Work: During the progress of the Work OWNER or occupant because of the CONTRACTOR shall keep the Site and other performance of the Work, CONTRACTOR areas free from accumulations of waste materials, shall promptly settle with such other party by rubbish, and other debris. Removal and disposal negotiation or otherwise resolve the claim by of such waste materials, rubbish, and other debris arbitration or other dispute resolution shall conform to applicable Laws and Regulations. proceeding or at law. C. Cleaning: Prior to Substantial Completion ' 3. To the fullest extent permitted by Laws of the Work CONTRACTOR shall clean the Site and Regulations, CONTRACTOR shall and make it ready for utilization by OWNER. At indemnify and hold harmless OWNER, the completion of the Work CONTRACTOR shall ' ENGINEER, Design Engineer,and the officers, remove from the Site all tools, appliances, directors, partners, employees, agents, and construction equipment and machinery, and other consultants of each and any of them from surplus materials and shall restore to original and against all claims, costs, losses, and condition all property not designated for alteration ' damages (including but not limited to all fees by the Contract Documents. and charges of ENGINEERS, architects, attorneys, and other professionals and all court D. Loading Structures: CONTRACTOR shall or arbitration or other dispute resolution costs) not load nor permit any part of any structure to be arising out of or relating to any claim or action, loaded in any manner that will endanger the legal or equitable, brought by any such structure, nor shall CONTRACTOR subject any OWNER or occupant against OWNER, part of the Work or adjacent property to stresses ENGINEER, or any other party indemnified or pressures that will endanger it. hereunder to the extent caused by or based upon CONTRACTOR's performance of the 6.12 Record Documents Work. ' B. Removal of Debris During Performance of A. CONTRACTOR shall maintain in a safe 3. other property at the Site or adjacent place at the Site one record copy of all Drawings, thereto, including trees, shrubs, lawns, walks, Specifications, Addenda, Written Amendments, pavements, roadways, structures, utilities,and Change Orders, Work Change Directives, Field Underground Facilities not designated for Orders, and written interpretations and removal, relocation, or replacement in the ' clarifications in good order and annotated to show course of construction. changes made during construction. These record documents together with all approved Samples B. CONTRACTOR shall comply with all and a counterpart of all approved Shop Drawings applicable Laws and Regulations relating to the ' will be available to ENGINEER for reference. safety of persons or property, or to the protection Upon completion of the Work, these record of persons or property from damage, injury, or documents, Samples, and Shop Drawings will be loss; and shall erect and maintain all necessary delivered to ENGINEER for OWNER. safeguards for such safety and protection. ' CONTRACTOR shall notify OWNERS of adjacent 6.13 Safety and Protection property and of Underground Facilities and other utility OWNERS when prosecution of the Work A. CONTRACTOR shall be solely responsible may affect them, and shall cooperate with them in ' for initiating, maintaining and supervising all safety the protection, removal, relocation, and precautions and programs in connection with the replacement of their property. All damage, injury, Work. CONTRACTOR shall take all necessary or loss to any property referred to in paragraph ' precautions for the safety of, and shall provide the 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, necessary protection to prevent damage, injury or in whole or in part, by CONTRACTOR, any loss to: Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them ' 1. all persons on the Site or who may be to perform any of the Work, or anyone for whose affected by the Work; acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss 2. all the Work and materials and equip- attributable to the fault of Drawings or ment to be incorporated therein, whether in Specifications or to the acts or omissions of storage on or off the Site; and OWNER or ENGINEER or Design Engineer, or anyone employed by any of them, or anyone for ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 24 ' whose acts any of them may be liable, and not sheets or other hazard communication information attributable, directly or indirectly, in whole or in required to be made available to or exchanged be- part, to the fault or negligence of CONTRACTOR tween or among employers at the Site in or any Subcontractor, Supplier, or other individual accordance with Laws or Regulations. ' or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibil- 6.16 Emergencies ities for safety and for protection of the Work shall continue until such time as all the Work is A. In emergencies affecting the safety or ' completed and ENGINEER has issued a notice to protection of persons or the Work or property at OWNER and CONTRACTOR inasserdaAse with the Site or adjacent thereto, CONTRACTOR is garagFapl44.97-43 that the Work is acceptable obligated to act to prevent threatened damage, ' (except as otherwise expressly provided in injury, or loss. CONTRACTOR shall give connection with Substantial Completion). ENGINEER prompt written notice if CONTRACTOR believes that any significant 6.14 Safety Representative changes in the Work or variations from the ' Contract Documents have been caused thereby or A. CONTRACTOR shall designate a qualified are required as a result thereof. If ENGINEER and experienced safety representative at the Site determines that a change in the Contract whose duties and responsibilities shall be the Documents is required because of the action ' prevention of accidents and the maintaining and taken by CONTRACTOR in response to such an supervising of safety precautions and programs. emergency, a Work Change Directive or Change Order will be issued. ' 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for 6.17 Shop Drawings and Samples coordinating any exchange of material safety data A. CONTRACTOR shall submit Shop Draw- to ENGINEER's review and approval of the ' ings to ENGINEER for review and approval in pertinent submittal will be at the sole expense and accordance with the acceptable schedule of Shop responsibility of CONTRACTOR. Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in D. Submittal Procedures ' the number of copies specified in the General Re- quirements. The data shown on the Shop 1. Before submitting each Shop Drawing Drawings will be complete with respect to quan- or Sample, CONTRACTOR shall have tities, dimensions, specified performance and determined and verified: ' design criteria, materials,and similar data to show ENGINEER the services, materials, and a. all field measurements, quantities, equipment CONTRACTOR proposes to provide dimensions, specified performance criteria, and to enable ENGINEER to review the informa- installation requirements,materials,catalog tion for the limited purposes required by paragraph numbers, and similar information with 6.17.E. respect thereto; ' B. CONTRACTOR shall also submit Samples b. all materials with respect to intend- to ENGINEER for review and approval in accor- ed use, fabrication, shipping, handling, dance with the acceptable schedule of Shop Draw- storage, assembly, and installation ings and Sample submittals. Each Sample will be pertaining to the performance of the Work; ' identified clearly as to material,Supplier, pertinent data such as catalog numbers, and the use for c. all information relative to means, which intended and otherwise as ENGINEER may methods, techniques, sequences, and ' require to enable ENGINEER to review the procedures of construction and safety submittal for the limited purposes required by precautions and programs incident thereto; paragraph 6.17.E. The numbers of each Sample and to be submitted will be as specified in the Specifi- cations. d. CONTRACTOR shall also have reviewed and coordinated each Shop C. Where a Shop Drawing or Sample is re- Drawing or Sample with other Shop quired by the Contract Documents or the schedule Drawings and Samples and with the ' of Shop Drawings and Sample submittals requirements of the Work and the Contract acceptable to ENGINEER as required by Documents. paragraph 2.07,any related Work performed prior ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 25 ' 2. Each submittal shall bear a stamp or Drawings and Sample submittals acceptable to specific written indication that CONTRACTOR ENGINEER. ENGINEER's review and has satisfied CONTRACTOR's obligations approval will be only to determine if the items under the Contract Documents with respect to covered by the submittals will, after installation ' CONTRACTOR's review and approval of that or incorporation in the Work, conform to the submittal. information given in the Contract Documents and be compatible with the design concept of ' 3. At the time of each submittal, the completed Project as a functioning whole CONTRACTOR shall give ENGINEER specific as indicated by the Contract Documents. written notice of such variations, if any,that the Shop Drawing or Sample submitted may have 2. ENGINEER's review and approval will ' from the requirements of the Contract not extend to means, methods, techniques, Documents, such notice to be in a written com- sequences, or procedures of construction munication separate from the submittal;and,in (except where a particular means, method, addition, shall cause a specific notation to be technique, sequence, or procedure of con- made on each Shop Drawing and Sample sub- struction is specifically and expressly called for mitted to ENGINEER for review and approval by the Contract Documents) or to safety of each such variation. precautions or programs incident thereto. The review and approval of a separate item as such E. ENGINEER's Review will not indicate approval of the assembly in which the item functions. 1. ENGINEER will timely review and ' approve Shop Drawings and Samples in accordance with the schedule of Shop 3. ENGINEER's review and approval of permitted under the Construction Contract or as Shop Drawings or Samples shall not relieve OWNER and CONTRACTOR may otherwise CONTRACTOR from responsibility for any agree in writing. variation from the requirements of the Contract Documents unless CONTRACTOR has in 6.19 CONTRACTOR's General Warranty and writing called ENGINEER's attention to each Guarantee ' such variation at the time of each submittal as required by paragraph 6.17.D.3 and A. CONTRACTOR warrants and guarantees ENGINEER has given written approval of each to OWNER, ENGINEER, and Design Engineers such variation by specific written notation that all Work will be in accordance with the thereof incorporated in or accompanying the Contract Documents and will not be defective. Shop Drawing or Sample approval; nor will any CONTRACTOR's warranty and guarantee approval by ENGINEER relieve hereunder excludes defects or damage caused by: CONTRACTOR from responsibility for complying with the requirements of paragraph 1. abuse, modification, or improper main- 6.17.13.1. tenance or operation by persons other than CONTRACTOR,Subcontractors, Suppliers, or ' F. Resubmittal Procedures any other individual or entity for whom CONTRACTOR is responsible; or 1. CONTRACTOR shall make corrections 2. normal wear and tear under normal required by ENGINEER and shall return the usage. ' required number of corrected copies of Shop Drawings and submit as required new Samples B. CONTRACTOR's obligation to perform and for review and approval. CONTRACTOR shall complete the Work in accordance with the Con- direct specific attention in writing to revisions tract Documents shall be absolute. None of the other than the corrections called for by following will constitute an acceptance of Work ENGINEER on previous submittals. that is not in accordance with the Contract Documents or a release of CONTRACTOR's ' 6.18 Continuing the Work obligation to perform the Work in accordance with the Contract Documents: A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all dis- 1. observations by ENGINEER; putes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution 2. recommendation by ENGINEER or of any disputes or disagreements, except as payment by OWNER of any progress or final ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 26 M ' payment; OWNER. 3. the issuance of a certificate of Sub- stantial Completion by ENGINEER or any ARTICLE 7 -OTHER WORK payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 7.01 Related Work at Site ' 5. any acceptance by OWNER or any A. OWNER may perform other work related to failure to do so; the Project at the Site by OWNER's employees,or let other direct contracts therefor, or have other 6. any review and approval of a Shop work performed by utility OWNERS. If such other Drawing or Sample submittal or the issuance of work is not noted in the Contract Documents,then: a notice of acceptability by ENGINEER; ' 1. written notice thereof will be given to 7. any inspection, test, or approval by CONTRACTOR prior to starting any such other others; or work; and 8. any correction of defective Work by 2. if OWNER and CONTRACTOR are performed by others under this Article 7, unable to agree on entitlement to or on the CONTRACTOR shall inspect such otherwork and ' amount or extent, if any, of any adjustment in promptly report to ENGINEER in writing any the Contract Price or Contract Times that delays, defects, ordeficiencies in such otherwork should be allowed as a result of such other that render it unavailable or unsuitable for the work, a Claim may be made therefor as proper execution and results of CONTRACTOR's ' provided in the Construction Contract. Work. CONTRACTOR's failure to so report will paragraph 19-95. constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's B. CONTRACTOR shall afford each other Work except for latent defects and deficiencies in ' CONTRACTOR who is a party to such a direct such other work. contract and each utility OWNER(and OWNER, if OWNER is performing the other work with 7.02 Coordination OWNER's employees) proper and safe access to ' the Site and a reasonable opportunity for the A. If OWNER intends to contract with others introduction and storage of materials and for the performance of otherwork on the Project at equipment and the execution of such other work the Site, the following will be set forth in ' and shall properly coordinate the Work with theirs. Supplementary Conditions: Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, 1. the individual or entity who will have fitting, and patching of the Work that may be authority and responsibility for coordination of required to properly connect or otherwise make its the activities among the various several parts come together and properly integrate CONTRACTORS will be identified; with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavat- 2. the specific matters to be covered by ing, or otherwise altering their work and will only such authority and responsibility will be cut or alter their work with the written consent of itemized; and ENGINEER and the others whose work will be ' affected. The duties and responsibilities of 3. the extent of such authority and CONTRACTOR under this paragraph are for the responsibilities will be provided. benefit of such utility OWNERS and other CONTRACTORs to the extent that there are B. Unless otherwise provided in the ' comparable provisions for the benefit of Supplementary Conditions, OWNER shall have CONTRACTOR in said direct contracts between sole authority and responsibility for such OWNER and such utility OWNERs and other coordination. CONTRACTORS. ' C. If the proper execution or results of any part ARTICLE 8 -OWNER'S RESPONSIBILITIES of CONTRACTOR's Work depends upon work CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 27 ' 8.03 Furnish Data 8.01 Communications to CONTRACTOR A. OWNER shall promptly furnish the data required of OWNER under the Contract A. Except as otherwise provided in these Documents. General Conditions, OWNER shall issue all communications to CONTRACTOR through 8.04 Pay Promptly When Due ENGINEER. ' A. OWNER shall make payments to 8.02 Replacement of ENGINEER CONTRACTOR promptly when they are due as provided in the Construction Contract. paragraphs A. In case of termination of the employment of . ENGINEER,OWNER shall appointan ENGINEER to whom CONTRACTOR makes no reasonable 8.05 Lands and Easements;Reports and Tests objection, whose status under the Contract Documents shall be that of the former ENGINEER. A. OWNER's duties in respect of providing Work. OWNER will not be responsible for lands and easements and providing CONTRACTOR's failure to perform the Work in ' ENGINEERing surveys to establish reference accordance with the Contract Documents. points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and 8.10 Undisclosed Hazardous Environmental making available to CONTRACTOR copies of Condition reports of explorations and tests of subsurface conditions and drawings of physical conditions in A. OWNER's responsibility in respect to an or relating to existing surface or subsurface undisclosed Hazardous Environmental Condition is ' structures at or contiguous to the Site that have set forth in paragraph 4.06. been utilized by ENGINEER in preparing the Contract Documents. 8.11 Evidence of Financial Arrangements ' 8.06 Insurance A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that A. OWNER's responsibilities,if any,in respect financial arrangements have been made to satisfy ' to purchasing and maintaining liability and property OWNER's obligations under the Contract insurance are set forth in AF"^'.- and the Documents, OWNER's responsibility in respect Construction Contract. thereof will be as set forth in the Supplementary Conditions. ' 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in the Construction Contract. ARTICLE 9- ENGINEER'S STATUS DURING ' paFagFaph4&A3. CONSTRUCTION 8.08 Inspections, Tests, and Approvals ' A. OWNER's responsibility in respect to 9.01 OWNER'S Representative certain inspections, tests, and approvals is set forth in paragraph 13.03.13. A. ENGINEER will be OWNER's representa- tive during the construction period. The duties and 8.09 Limitations on OWNER's Responsibilities responsibilities and the limitations of authority of ENGINEER as OWNER's representative during A. The OWNER shall not supervise, direct,or construction are set forth in the Contract ' have control or authority over, nor be responsible Documents and will not be changed without written for, CONTRACTOR's means, methods, consent of OWNER and ENGINEER. techniques, sequences, or procedures of construction, or the safety precautions and 9.02 Visits to Site ' programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and A. ENGINEER will make visits to the Site at Regulations applicable to the performance of the intervals appropriate to the various stages of ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 28 ' construction as ENGINEER deems necessary in order to observe as an experienced and qualified B. ENGINEER's visits and observations are design professional the progress that has been subject to all the limitations on ENGINEER's made and the quality of the various aspects of authority and responsibility set forth in paragraph ' CONTRACTOR's executed Work. Based on 9.10, and particularly, but without limitation,during information obtained during such visits and or as a result of ENGINEER's visits or observations, ENGINEER, for the benefit of observations of CONTRACTOR's Work OWNER,will determine, in general, if the Work is ENGINEER will not supervise, direct, control, or ' proceeding in accordance with the Contract have authority over or be responsible for Documents. ENGINEER will not be required to CONTRACTOR's means, methods, techniques, make exhaustive or continuous inspections on the sequences, or procedures of construction, or the ' Site to check the quality or quantity of the Work. safety precautions and programs incident thereto, ENGINEER's efforts will be directed toward provid- or for any failure of CONTRACTOR to comply with ing for OWNER a greater degree of confidence Laws and Regulations applicable to the that the completed Work will conform generally to performance of the Work. ' the Contract Documents. On the basis of such visits and observations, ENGINEER will keep 9.03 Project Representative OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. A. If OWNER and ENGINEER agree, Documents which do not involve an adjustment in ENGINEER will furnish a Resident Project the Contract Price or the Contract Times and are Representative to assist ENGINEER in providing compatible with the design concept of the com- more extensive observation of the Work. The pleted Project as a functioning whole as indicated responsibilities and authority and limitations by the Contract Documents. These may be thereon of any such Resident Project accomplished by a Field Order and will be binding ' Representative and assistants will be as provided on OWNER and also on CONTRACTOR, who in paragraph 9.10 and in the Supplementary shall perform the Work involved promptly. If Conditions. If OWNER designates another OWNER and CONTRACTOR are unable to agree representative or agent to represent OWNER at on entitlement to or on the amount or extent, if the Site who is not Design Engineer, agent or em- any, of any adjustment in the Contract Price or ployee, the responsibilities and authority and Contract Times, or both, as a result of a Field limitations thereon of such other individual or entity Order, a Claim may be made therefor as provided will be as provided in the Supplementary in the Construction Contract. garagraPh 40.05. Conditions. 9.06 Rejecting Defective Work 9.04 Clarifications and Interpretations ' A. ENGINEER will have authority to disap- A. ENGINEER will issue with reasonable prove or rejectWorkwhichENGINEER believesto promptness such written clarifications or be defective, or that ENGINEER believes will not interpretations of the requirements of the Contract produce a completed Project that conforms to the ' Documents as ENGINEER may determine neces- Contract Documents or that will prejudice the sary, which shall be consistent with the intent of integrity of the design concept of the completed and reasonably inferable from the Contract Docu- Project as a functioning whole as indicated by the ments. Such written clarifications and Contract Documents. ENGINEER will also have ' interpretations will be binding on OWNER and authority to require special inspection or testing of CONTRACTOR. If OWNER and CONTRACTOR the Work as provided in paragraph 13.04,whether are unable to agree on entitlement to or on the or not the Work is fabricated, installed, or ' amount or extent, if any, of any adjustment in the completed. Contract Price or Contract Times, or both, that should be allowed as a result of a written clarifica- 9.07 Shop Drawings, Change Orders and tion or interpretation, a Claim may be made Payments ' therefor as provided in the Construction Contact. paFaq;aph 10.05 A. In connection with ENGINEER's authority as to Shop Drawings and Samples,see paragraph 9.05 Authorized Variations in Work 6.17. ' A. ENGINEER may authorize minor variations B. In connection with ENGINEER's authority in the Work from the requirements of the Contract as to Change Orders, see Articles 4& 11, and 12; CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 29 ' and the Construction Contract. 9.09 Decisions on Requirements of Contract C. In connection with ENGINEER's authority Documents and Acceptability of Work as to Applications for Payment. see AFtiGle 14. A. ENGINEER will be the initial interpreter of 9.08 Determinations for Unit Price Work the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. A. ENGINEER will determine the actual Claims, disputes and other matters relating to the quantities and classifications of Unit Price Work acceptability of the Work, the quantities and performed by CONTRACTOR. ENGINEER will classifications of Unit Price Work, the review with CONTRACTOR the ENGINEER's interpretation of the requirements of the Contract 1 preliminary determinations on such matters before Documents pertaining to the performance of the rendering a written decision thereon (by Work, and Claims seeking changes in the recommendation of an Application for Payment or Contract Price or Contract Times will be referred otherwise). ENGINEER's written decision thereon initially to ENGINEER in writing, in accordance will be final and binding (except as modified by with the provisions of the Construction Contract ENGINEER to reflect changed factual conditions gaFagFaph 4985, with a request for a formal or more accurate data) upon OWNER and decision. CONTRACTOR, subject to the provisions of the Construction Contract. a 0-09;-insktsive. B. When functioning as interpreter and judge techniques, sequences, or procedures of under this paragraph 9.09, ENGINEER will not construction, or the safety precautions and show partiality to OWNER or CONTRACTOR and programs incident thereto, or for any failure of will not be liable in connection with any CONTRACTOR to comply with Laws and interpretation or decision rendered in good faith in Regulations applicable to the performance of the ' such capacity. The rendering of a decision by Work. ENGINEER will not be responsible for ENGINEER pursuant to this paragraph 9.09 with CONTRACTOR's failure to perform the Work in respect to any such Claim,dispute,or other matter accordance with the Contract Documents. (except any which have been waived by the making or acceptance of final payment as C. ENGINEER will not be responsible for the provided in the Construction Contract. paragraph acts or omissions of CONTRACTOR or of any 14 07) will be a condition precedent to any Subcontractor, any Supplier, or of any other ' exercise by OWNER or CONTRACTOR of such individual or entity performing any of the Work. rights or remedies as either may otherwise have under the Contract Documents or by Laws or D. ENGINEER's review of the final Application Regulations in respect of any such Claim,dispute, for Payment and accompanying documentation or other matter. and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of 9.10 Limitations on ENGINEER's Authority and inspection, tests and approvals, and ether Responsibilities dOGLIFnentatien Feq6idFed to be ae iv Fed by A. Neither ENGINEER's authority or respon- sibility under this Article 9 or under any other provi- ' sion of the Contract Documents nor any decision SpeGtiGRS, tests, and approvals that the results made by ENGINEER in good faith either to certified indicate compliance with, the Contract exercise or not exercise such authority or respon- Documents. sibility or the undertaking, exercise, or ' performance of any authority or responsibility by E. The limitations upon authority and responsi- ENGINEER shall create, impose, or give rise to bility set forth in this paragraph 9.10 shall also any duty in contract, tort, or otherwise owed by apply to Design Engineers, Resident Project ENGINEER to CONTRACTOR, any Representative, and assistants. Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. ARTG6€ 4g NG172 IN THE W RK C-kA1AAS ' B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 30 - -- - - - - - -- - -- . . -_ ............ - - - . - - - 21 Im -- - - - - - - - - - - - - - -- - - -- -- - - - - - - - - - - - - - - - - - - - - - - -- - ---- - - - -- • .. - -- - -- - - - - --- .............- - - - - - --- - - - -- -- - --- - - -- - - - - -- - -- - - --- -- -- - - - - - - - - - -- -.......................... - - - -- - --- - - - - -- - - - -- -- -- - - - - - - --- -- - - -- ---- -- - - --- --- - -- - - -- - - --- - - - - - - - - - - - - - --- - -- - - - - - - - - - - -- - - - - - - --- -- - - ------ --------- - --- - - - - -- - W- 20- - - - - - .. . - -- - - - - -- - - - - - - - - - . - - -- -- - - - - - - -- -- - - - - -- - - - -- - - - -- - - _ - - _ - WROPAW~-- ------------------- - - - = .. - - heweveF, that FR ^_ ___^ _hall the .ay ffleRt f ., as agreed te by the GONT-RACT-014 and the q -ph We*hp IpAr than that WhiGh W9UId be OWNER at«�`enbnn«1Ini�oc G. The payment f8F the tetal pay quantity e ' `•'payment hiGh •n„I.I be mn.1e f... the nrfn.mnnnn of 75 n nn« of the ENGINEER'S Estimate of the quantity inr c nh itern at the FAI�`I AIFFD Yh if the \A/ L ^. ^^ 11pit prine GQA#aGtG, ^h^"'aarty on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those ' additional or incremental costs required because of the change in the Work or because of the event wi'! be Fnade to the CONTRACTOR for Rptwal giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the elimfaaWn- following items, and shall not include any of the costs itemized in paragraph 11.01.6. B. If RGGPPtRbIR material is erdeFed by4he 1. Payroll costs for employees in the direct employ of CONTRACTOR in the perfor- ' F IGINFER and orders far__ h ^« '-.I nanne« mance of the Work under schedules of job classifications agreed upon by OWNER and NTRACTO he G-GNT-RACTOR. IF; 6uGh Case, the FnateFiai CONTRACTOR. Such employees shall include without limitation superintendents, ;4F;d the ;aGtual Gest of any fWthW hand!R9 will e foremen, and other personnel employed full paid fee by the OWNER If the rnntAr el 6r time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not the art-4 Gest of P:haFgeS Fnade by thevenderfe be limited to, salaries and wages plus the cost returning the mateFial The ant al neM of handlin of fringe benefits, which shall include social Feturn,pd FAateF;al will be paid . security contributions, unemployment,excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick the ).�.f�lr=RtothACC)�.ITRAGT-GRaspFgvmde leave, vacation and holiday pay applicable ' •h'a ^�^'^ '^ " h^ ^^^ ^ ''^ he same thereto. The expenses of performing Work maaaef outside of regular working hours,on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by ARTICLE 11 -COST OF THE WORK; CASH OWNER. ALLOWANCES; UNIT PRICE WORK 2. Cost of all materials and equipment ' furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers'field services required 11.01 Cost of the Work in connection therewith. All cash discounts shall accrue to CONTRACTOR unless A. Costs Included: The term Cost of the OWNER deposits funds with CONTRACTOR Work means the sum of all costs necessarily with which to make payments, in which case incurred and paid by CONTRACTOR in the proper the cash discounts shall accrue to OWNER. performance of the Work. When the value of any All trade discounts, rebates and refunds and Work covered by a Change Order orwhen a Claim returns from sale of surplus materials and for an adjustment in Contract Price is determined equipment shall accrue to OWNER, and CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 33 1 � CONTRACTOR shall make provisions so that shall be determined in the same manner as they may be obtained. CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 3. Payments made by CONTRACTOR to ' Subcontractors for Work performed by 4. Costs of special consultants(including Subcontractors. If required by OWNER, but not limited to ENGINEERS, architects, CONTRACTOR shall obtain competitive bids testing laboratories, surveyors, attorneys,and from subcontractors acceptable to OWNER accountants) employed for services and CONTRACTOR and shall deliver such specifically related to the Work. bids to OWNER,who will then determine,with the advice of ENGINEER, which bids, if any, 5. Supplemental costs including the will be acceptable. If any subcontract pro- following: vides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee a. The proportion of necessary trans- portation, travel, and subsistence ex- f. Losses and damages(and related penses of CONTRACTOR's employees expenses) caused by damage to the incurred in discharge of duties connected Work, not compensated by insurance or ' with the Work. otherwise, sustained by CONTRACTOR in connection with the performance of the b. Cost, including transportation and Work(except losses and damages within ' maintenance, of all materials, supplies, the deductible amounts of property equipment, machinery,appliances,office, insurance established in accordance with and temporary facilities at the Site, and the Construction Contract. paragrapi; hand tools not owned by the workers, 5:8548), provided such losses and which are consumed in the performance damages have resulted from causes other of the Work, and cost, less market value, than the negligence of CONTRACTOR, of such items used but not consumed any Subcontractor, or anyone directly or which remain the property of indirectly employed by any of them or for CONTRACTOR. whose acts any of them may be liable. Such losses shall include settlements c. Rentals of all construction equip- made with the written consent and ment and machinery, and the parts approval of OWNER. No such losses, thereof whether rented from damages, and expenses shall be included CONTRACTOR or others in accordance in the Cost of the Work for the purpose of with rental agreements approved by determining CONTRACTOR's fee. OWNER with the advice of ENGINEER, and the costs of transportation, loading, g. The cost of utilities,fuel,and sani- unloading, assembly, dismantling, and tary facilities at the Site. removal thereof. All such costs shall be in ' accordance with the terms of said rental h. Minor expenses such as tele- agreements. The rental of any such grams, long distance telephone calls, equipment, machinery, or parts shall telephone service at the Site,expressage, cease when the use thereof is no longer and similar petty cash items in connection ' necessary for the Work. with the Work. d. Sales, consumer, use, and other i. When the Cost of the Work is similar taxes related to the Work, and for used to determine the value of a Change which CONTRACTOR is liable, imposed Order or of a Claim,the cost of premiums by Laws and Regulations. for additional Bonds and insurance required because of the changes in the ' e. Deposits lost for causes other than Work or caused by the event giving rise to negligence of CONTRACTOR, any the Claim. Subcontractor, or anyone directly or indirectly employed by any of them or for j. When all the Work is performed whose acts any of them may be liable, on the basis of cost-plus, the costs of and royalty payments and fees for permits premiums for all Bonds and insurance and licenses. CONTRACTOR is required by the CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 34 Contract Documents to purchase and clerks, and other personnel employed by maintain. CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for B. Costs Excluded: The term Cost of the general administration of the Work and not ' Work shall not include any of the following items: specifically included in the agreed upon schedule of job classifications referred to in 1. Payroll costs and other compensation paragraph 11.01.A.1 or specifically covered by of CONTRACTOR's officers, executives, paragraph 11.01.A.4, all of which are to be principals (of partnerships and sole considered administrative costs covered by proprietorships), general managers, the CONTRACTOR's fee. ENGINEERS, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, 2. Expenses of CONTRACTOR's pdnci- included in the Contract Price all allowances so pal and branch offices other than named in the Contract Documents and shall cause ' CONTRACTOR's office at the Site. the Work so covered to be performed for such sums as may be acceptable to OWNER and 3. Any part of CONTRACTOR's capital ENGINEER. CONTRACTOR agrees that: expenses, including interest on ' CONTRACTOR's capital employed for the 1. the allowances include the cost to Work and charges against CONTRACTOR for CONTRACTOR (less any applicable trade delinquent payments. discounts) of materials and equipment ` required by the allowances to be delivered at 4. Costs due to the negligence of the Site, and all applicable taxes; and CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any 2. CONTRACTOR's costs for unloading ' of them or for whose acts any of them may be and handling on the Site, labor, installation liable, including but not limited to, the costs, overhead, profit, and other expenses correction of defective Work, disposal of contemplated for the allowances have been materials or equipment wrongly supplied,and included in the Contract Price and not in the making good any damage to property. allowances, and no demand for additional payment on account of any of the foregoing 5. Other overhead or general expense will be valid. costs of any kind and the costs of any item not 1 specifically and expressly included in B. Prior to final payment, an appropriate paragraphs 11.01.A and 11.01.B. Change Order will be issued as recommended by ENGINEER to reflect actual amounts due C. CONTRACTOR's Fee: When all the Work CONTRACTOR on account of Work covered by is performed on the basis of cost-plus, allowances, and the Contract Price shall be CONTRACTOR's fee shall be determined as set correspondingly adjusted. forth in the Agreement. When the value of any ' Work covered by a Change Order or when a Claim 11.03 Unit Pnce Work for an adjustment in Contract Price is determined on the basis of Cost of the Work, A. Where the Contract Documents provide CONTRACTOR's fee shall be determined as set that all or part of the Work is to be Unit Price ' forth in paragraph 12.01.C. Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to D. Documentation: Whenever the Cost of the sum of the unit price for each separately ' the Work for any purpose is to be determined identified item of Unit Price Work times the pursuant to paragraphs 11.01.A and 11.01.8, estimated quantity of each item as indicated in the CONTRACTOR will establish and maintain re- Agreement. The estimated quantities of items of cords thereof in accordance with generally Unit Price Work are not guaranteed and are solely accepted accounting practices and submit in a for the purpose of comparison of Bids and form acceptable to ENGINEER an itemized cost determining an initial Contract Price. Determina- breakdown together with supporting data. tions of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will 11.02 Cash Allowances be made by ENGINEER subject to the provisions of paragraph 9.08. A. It is understood that CONTRACTOR has CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 35 B. Each unit price will be deemed to include 1. the quantity of any item of Unit Price an amount considered by CONTRACTOR to be Work performed by CONTRACTOR differs adequate to cover CONTRACTOR's overhead and materially and significantly from the estimated profit for each separately identified item. quantity of such item indicated in the Agreement; and C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in 2. there is no corresponding adjustment accordance with the Construction Contract. with respect any other item of Work; and paragraph 10.05 if: 3. if CONTRACTOR believes that compensation for all payments imposed ' CONTRACTOR is entitled to an increase in by the State and Federal laws and for all Contract Price as a result of having incurred other payments made to, or on behalf of, additional expense or OWNER believes that the Workers, other than actual wages as OWNER is entitled to a decrease in Contract defined in paragraph 11.04B(1), herein, 1 Price and the parties are unable to agree as to and subsistence and travel allowance as the amount of any such increase or decrease. specified in paragraph 11.048(3), herein. 11.04 Cost of Work (Based on Time Materials, 3. The amount paid for subsistence and and Equipment and CONTRACTOR's travel required by collective bargaining Overhead and Profit): agreements, or in accordance with the regular practice of the employer. A. General: The term "Cost of Work" shall mean the sum of all costs necessarily incurred and At the beginning of the extra work and as later paid by the CONTRACTOR for labor, materials, requested by the ENGINEER,the CONTRACTOR and equipment plus CONTRACTOR's overhead, shall furnish the ENGINEER proof of labor and profit in the proper performance of Work. compensation rates being paid. Except as otherwise may be agreed to in writing by the OWNER, such costs shall be in amounts no C. Materials: The cost of materials used in higher than those prevailing in the locality of the performing Work will be the cost to the purchaser, Project. whether CONTRACTOR or Subcontractor, from the supplier thereof, except as the following are B. Labor: The cost of labor used in applicable: performing Work by the CONTRACTOR, a ' Subcontractor, or other forces will be the sum of 1. Trade discounts available to the the following: purchaser shall be credited to the OWNER notwithstanding the fact that 1. The actual wages paid plus any employer such discounts may not have been taken payments to, or on behalf of Workers for by the CONTRACTOR. fringe benefits including health and welfare, pension, vacation, and similar 2. For materials secured by other than a ' purposes. The cost of labor may include direct purchase and direct billing to the the wages paid to foremen when purchaser,the cost shall be deemed to be determined by the ENGINEER that the the price paid to the actual supplier as services of foremen do not constitute a determined by the ENGINEER. Markup ' part of the overhead allowance as defined except for actual costs incurred in the in Article 11.06, herein. handling of such materials will not be allowed. 2. To the actual wages, as defined in paragraph 11.04B(1), herein, will be 3. Payment for materials from sources added a labor surcharge set forth in the owned wholly or in part by the purchaser California Department of Transportation shall not exceed the price paid by the publication entitled Labor Surcharge and purchaser for similar materials from said Equipment Rates,which is in effect on the sources on extra work items or the current date upon which the Work is wholesale price for such materials accomplished and which is hereby delivered to the Work site, whichever included as a part of these General price is lower. Conditions by this reference thereto. Said labor surcharge shall constitute full 4. If in the opinion of the ENGINEER the CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 36 ' cost of material is excessive, or the OWNER reserves the right to furnish CONTRACTOR does not furnish materials for the extra Work and no claim satisfactory evidence of the cost of such shall be made by the CONTRACTOR for material,then the cost shall be deemed to costs, overhead, and profit on such ' be the lowest current wholesale price for materials. the quantity concerned delivered to the Work site less trade discount. The D. Equipment: The CONTRACTOR will be to be paid for equipment on the Work shall be the ' paid for the use of equipment at the rental rate time the equipment is in productive operation on listed for such equipment specified in the the extra Work being performed and, in addition, Supplementary General Conditions. Such rental shall include the time required to move the rate will be used to compute payments for equipment to the location of the extra Work and equipment whether the equipment is under the return it to the original location or to another CONTRACTOR's control through direct location requiring no more time than that required OWNERSHIP, leasing, renting,oranother method to return it to its original location; except, that ' of acquisition. The rental rate to be applied for use moving time will not be paid if the equipment is of each items of equipment shall be the rate used on other than the extra Work, even though resulting in the least total cost to the OWNER for located at the site of the extra Work. Loading and the total period of use. If it is deemed necessary transporting costs will be allowed, in lieu of moving ' by the CONTRACTOR to use equipment not listed time, when the equipment is moved by means in the foregoing publication, an equitable rental other than its own power, except that no payment rate for the equipment will be established by the will be made for loading and transporting costs ENGINEER.The CONTRACTOR may furnish cost when the equipment is used at the site of the extra data which might assist the ENGINEER in the Work on other than the extra Work. The following establishment of the rental rate. shall be used in computing the rental time of equipment on the Work. 1. All equipment shall, in the opinion of the ENGINEER, be in good working condition 1. When hourly rates are listed, any part of and suitable for the purpose for which the an hour less than 30 minutes of operation equipment is to be used. shall be considered to be 1/2-hour of operation,and any part of an hourgreater 2. Before construction equipment is used on than 30 minutes will be considered one the extra Work, the CONTRACTOR shall hour of operation. plainly stencil or stamp an identifying number thereon at a conspicuous 2. When daily rates are listed, any part of a location, and shall furnish to the day less than 4 hours operation shall be ENGINEER, in duplicate, a description of considered to be 1/2-day of operation. the equipment and its identifying number. 3. When OWNER-operated equipment is 3. Unless otherwise specified, used to perform extra Work to be paid for manufacturer's ratings and manufacturer on a time and materials basis, the 1 approved modifications shall be used to CONTRACTOR will be paid for the classify equipment for the determination equipment and operator, as set forth in of applicable rental rates. Equipment Subparagraphs(4), (5),and(6),following: which has no direct power unit shall be ' powered by a unit of at least the minimum 4. Payment for the equipment will be made rating recommended by the manufacturer. in accordance with the provisions in paragraph 11.04D, herein. 4. Individual pieces of equipment or tools having a replacement value of $200 or 5. Payment for the cost of labor and less, whether or not consumed by use, subsistence or travel allowance will be shall be considered to be small tools and made at the rates paid by the no payment will be made therefor. CONTRACTOR to other workers operating similar equipment already on 5. Rental time will not be allowed while the Work, or in the absence of such labor, equipment is inoperative due to established by collective bargaining breakdowns. agreements for the type of workers and location of the extra work, whether or not E. Equipment on the Work., The rental time the operator is actually covered by such CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 37 1 an agreement. A labor surcharge will be other than actual wages. added to the cost of labor described herein in accordance with the provisions 6. To the direct cost of equipment rental and of paragraph 11.04B, herein, which labor, computed as provided herein, will surcharge shall constitute full be added the allowances for equipment compensation for payments imposed by rental and labor as provided in Article state and federal laws and all other 11.06 herein. payments made to on behalf of workers 11.05 Special Services: original Agreement. Copies of all amendments to surety bonds or supplemental surety bonds shall A. Special Work or services are defined as be submitted to the OWNER for review priorto the ' that Work characterized by extraordinary performance of any Work hereunder. complexity, sophistication, or innovation or a combination of the foregoing attributes which are 11.06 CONTRACTOR's Overhead and Profit. unique to the construction industry. The following may be considered by the ENGINEER in making A. Work ordered on the basis of time and estimates for payment for special services: materials will be paid for at the actual necessary cost as determined by the ENGINEER, plus 1. When the ENGINEER and the allowances for overhead and profit. For extra work CONTRACTOR,by agreement,determine involving a combination of increases and that a special service or Work is required decreases in the Work the actual necessary cost which cannot be performed by the forces will be the arithmetic sum of the additive and of the CONTRACTOR or those of any of deductive costs. The allowance for overhead and its Subcontractors, the special service or profit shall include full compensation for Work may be performed by an entity superintendence, bond and insurance premiums, especially skilled in the Work to be taxes, office expense, and all other items of I performed. After validation of invoices expense or cost not included in the cost of labor, and determination of market values by the materials, or equipment provided for under ENGINEER, invoices for special services Paragraphs 11.04B, 11.04C, and 11.04D, herein or Work based upon the current fair including extended overhead and home office market value thereof may be accepted overhead. The allowance for overhead and profit without complete itemization of labor, will be made in accordance with the following material, and equipment rental costs. schedule: 2. When the CONTRACTOR is required to perform Work necessitating special ACTUAL NECESSARY OVERHEAD AND fabrication or machining process in a COST OVERHEAD PROFIT ALLOWANCE AND CE ' fabrication or a machine shop facility away from the job site, the charges for that Labor 20 percent portion of the Work performed at the Materials 15 percent off-site facility may, by agreement, be Equipment 15 percent ' accepted as a special service and Subcontracts(1"tier) 5 percent accordingly, the invoices for the Work may be accepted without detailed itemization. B. It is understood that labor, materials, and equipment may be furnished by the 3. All invoices for special services will be CONTRACTOR or by the Subcontractor on behalf adjusted by deducting all trade discounts of the CONTRACTOR. When all or any part of the offered or available,whether the discounts extra Work is performed by a Subcontractor, the were taken or not. In lieu of the allowance specified herein shall be applied to the allowances for overhead and profit labor, materials, and equipment costs of the specified in Article 11.06, herein, an Subcontractor, to which the CONTRACTOR may allowance of 5 percent will be added to add 5 percent of the Subcontractor's total cost for invoices for special services. the extra Work. Regardless of the number of hierarchical tiers of Subcontractors, the 5-percent B. All Work performed hereunder shall be increase above the Subcontractor's total cost ' subject to all of the provisions of the Contract which includes the allowances for overhead and Documents and the CONTRACTOR's sureties profit specified herein may be applied one time shall be bound with reference thereto as underthe only for each separate Work transaction. No CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 38 ' markup allowance will be made for sub-subcontractors or below. 1 ARTICLE 12-CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES Claim for an adjustment in the Contract Times(or Milestones)will be determined in accordance with the provisions of this Article 12 and the sha" be based es ?d by the Construction Contract. paFty..along the Glair..In the CAIGIAIMR and the . ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE &The valve ^° ARY 'A GFk %d h" OF DEFECTIVE WORK 1 13.01 Notice of Defects 1. whepetheWeri�qnvelved46G9Veped6,, A. Prompt notice of all defective Work of 99GWFRRRtG, by @PpliGatiGn of suGh unit pr Gas which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All 1defective Work may be rejected, corrected, or 2. where the WeFk involved is nnt- nn�. accepted as provided in this Article 13. aiRed in the GentFaGt 13.02 Access to Work DaGwment6, by a mutually agreed lump 6uFs A. OWNER, ENGINEER, Design Engineers, and pFnfit net nenessaFily on aGGGFdanGp with other representatives and personnel of OWNER, paFagFaph " ^^ ` "; or independent testing laboratories, and govern- mental agencies with jurisdictional interests will have access to the Site and the Work at by unit PriGes GentaiRed in the Contrast reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them Rat FePGhe'-' :"dc' paragraph 42.01.8. " • proper and safe conditions for such access and basis nf t4e Cost of the Work(determined advise them of CONTRACTOR's Site safety as pFOVided OR paFagFaphs 44.94 and 14-,G� procedures and programs so that they may comply ' therewith as applicable. k 13.03 Tests and Inspections G rnNTrRACT-ORIg - ,cee., A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all be d9teF'^^• I""'' as pmvi ed on ""'""'""`' 11.06.: required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to 12.02 Change of Contract Times facilitate required inspections or tests. A. The Contract Times (or Milestones) may B. OWNER shall employ and pay for the only be changed by a Change Order or by a services of an independent testing laboratory to Written Amendment. Any Claim for an adjustment perform all inspections, tests, or approvals in the Contract Times (or Milestones) shall be required by the Contract Documents except: based on written notice submitted by the party ' making the claim to the ENGINEER and the other 1. for inspections, tests, or approvals party to the Contract in accordance with the covered by paragraphs 13.03.0 and 13.03.13 provisions of the Construction Contract. below; PaFagraph 10 05. ' 2. that costs incurred in connection with B. Any adjustment of the Contract Times(or tests or inspections conducted pursuant to Milestones)covered by a Change Order or of any paragraph 13.04.6 shall be paid as provided CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 39 in said paragraph 13.04.6; and the Contract Documents. 3. as otherwise specifically provided in C. If Laws or Regulations of any public body limited to all fees and charges of ENGINEERS, having jurisdiction require any Work (or part architects, attorneys, and other professionals and thereof)specifically to be inspected,tested, or ap- all court or arbitration or other dispute resolution proved by an employee or other representative of costs)arising out of or relating to such uncovering, such public body, CONTRACTOR shall assume exposure,observation,inspection,and testing,and ' full responsibility for arranging and obtaining such of satisfactory replacement or reconstruction inspections, tests, or approvals, pay all costs in (including but not limited to all costs of repair or connection therewith, and furnish ENGINEER the replacement of work of others);and OWNER shall required certificates of inspection or approval. be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree D. CONTRACTOR shall be responsible for as to the amount thereof, OWNER may make a arranging and obtaining and shall pay all costs in Claim therefor as provided in the Construction connection with any inspections, tests, or approv- Contract.paragFaph1406.If,however,such Work als required for OWNER's and ENGINEER's is not found to be defective, CONTRACTOR shall acceptance of materials or equipment to be be allowed an increase in the Contract Price or an incorporated in the Work; or acceptance of extension of the Contract Times(or Milestones),or ' materials, mix designs,or equipment submitted for both, directly attributable to such uncovering, approval prior to CONTRACTOR's purchase exposure, observation, inspection, testing, thereof for incorporation in the Work. Such replacement, and reconstruction. If the parties are inspections,tests,or approvals shall be performed unable to agree as to the amount or extent thereof, 1 by organizations acceptable to OWNER and CONTRACTOR may make a Claim therefor as ENGINEER. provided in the Construction Contract. gaFagraph In or, ' E. If any Work(or the work of others)that is to be inspected,tested, or approved is covered by 13.05 OWNER May Stop the Work CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, A. If the Work is defective, or be uncovered for observation. CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment,orfails F. Uncovering Work as provided in to perform the Work in such a way that the paragraph 13.03.E shall be at CONTRACTOR's completed Work will conform to the Contract expense unless CONTRACTOR has given Documents, OWNER may order CONTRACTOR ENGINEER timely notice of CONTRACTOR's to stop the Work, or any portion thereof, until the intention to cover the same and ENGINEER has cause for such order has been eliminated; not acted with reasonable promptness in response however, this right of OWNER to stop the Work to such notice. shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of 13.04 Uncovering Work CONTRACTOR,any Subcontractor, any Supplier, any other individual or entity, or any surety for, or A. If any Work is covered contrary to the employee or agent of any of them. written request of ENGINEER,it must, if requested by ENGINEER, be uncovered for ENGINEER's 13.06 Correction or Removal of Defective Work ' observation and replaced at CONTRACTOR's expense. A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or ' B. If ENGINEER considers it necessary or completed, or, if the Work has been rejected by advisable that covered Work be observed by ENGINEER, remove it from the Project and ENGINEER or inspected or tested by others, replace it with Work that is not defective. CONTRACTOR, at ENGINEER's request, shall CONTRACTOR shall pay all Claims,costs, losses, 1 uncover, expose, or otherwise make available for and damages (including but not limited to all fees observation, inspection, or testing as ENGINEER and charges of ENGINEERS, architects, may require, that portion of the Work in question, attorneys, and other professionals and all court or furnishing all necessary labor, material, and arbitration or other dispute resolution costs)arising ' equipment. If it is found that such Work is out of or relating to such correction or removal defective, CONTRACTOR shall pay all Claims, (including but not limited to all costs of repair or costs, losses, and damages (including but not replacement of work of others). ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 40 1 ' 13.07 Correction Period A. If within one year after the date of paragraph 13.07 shall not be construed as a Substantial Completion or such longer period of substitute for or a waiver of the provisions of any time as may be prescribed by Laws or Regulations applicable statute of limitation or repose. 1 or by the terms of any applicable special guarantee required by the Contract Documents or 13.08 Acceptance of Defective Work by any specific provision of the Contract Documents, any Work is found to be defective, or A. If,instead of requiring correction or remov- if the repair of any damages to the land or areas al and replacement of defective Work, OWNER made available for CONTRACTOR's use by (and, prior to ENGINEER'S recommendation of OWNER or permitted by Laws and Regulations as final payment, ENGINEER) prefers to accept it, ' contemplated in paragraph 6.11.A is found to be OWNER may do so. CONTRACTOR shall pay all defective, CONTRACTOR shall promptly, without Claims,costs, losses, and damages(including but cost to OWNER and in accordance with OWNER's not limited to all fees and charges of ENGINEERS, written instructions: (1) repair such defective land architects, attorneys, and other professionals and or areas, or(ii) correct such defective Work or, if all court or arbitration or other dispute resolution the defective Work has been rejected by OWNER, costs) attributable to OWNER's evaluation of and remove it from the Project and replace itwith Work determination to acceptsuch defective Work(such that is not defective, and (iii) satisfactorily correct costs to be approved by ENGINEER as to or repair or remove and replace any damage to reasonableness) and the diminished value of the other Work, to the work of others or other land or Work to the extent not otherwise paid by areas resulting therefrom. If CONTRACTOR does CONTRACTOR pursuant to this sentence. If any not promptly comply with the terms of such instruc- such acceptance occurs prior to ENGINEER's ' tions, or in an emergency where delay would recommendation of final payment,a Change Order cause serious risk of loss or damage, OWNER will be issued incorporating the necessary may have the defective Work corrected or repaired revisions in the Contract Documents with respect or may have the rejected Work removed and to the Work, and OWNER shall be entitled to an replaced, and all Claims, costs, losses, and appropriate decrease in the Contract Price, damages (including but not limited to all fees and reflecting the diminished value of Work so charges of ENGINEERS, architects, attorneys, accepted. If the parties are unable to agree as to and other professionals and all court or arbitration the amount thereof, OWNER may make a Claim or other dispute resolution costs) arising out of or therefor as provided in the Construction Contract. relating to such correction or repair or such X.05.If the acceptance occurs after removal and replacement(including but not limited such recommendation,an appropriate amount will to all costs of repair or replacement of work of be paid by CONTRACTOR to OWNER. others)will be paid by CONTRACTOR. 13.09 OWNER May Correct Defective Work ' B. In special circumstances where a particu- lar item of equipment is placed in continuous A. If CONTRACTOR fails within a reasonable service before Substantial Completion of all the time after written notice from ENGINEER to Work, the correction period for that item may start correct defective Work or to remove and replace to run from an earlier date if so provided in the rejected Work as required by ENGINEER in accor- Specifications or by Written Amendment. dance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accor- C. Where defective Work (and damage to dance with the Contract Documents, or if other Work resulting therefrom) has been CONTRACTOR fails to comply with any other corrected or removed and replaced under this provision of the Contract Documents, OWNER paragraph 13.07, the correction period hereunder may, after seven days written notice to with respect to such Work will be extended for an CONTRACTOR, correct and remedy any such additional period of one year after such correction deficiency. or removal and replacement has been satisfactorily completed. ' D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this 1 B. In exercising the rights and remedies and remedial action, OWNER may exclude under this paragraph, OWNER shall proceed CONTRACTOR from all or part of the Site, take expeditiously. In connection with such corrective possession of all or part of the Work and suspend ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 41 CONTRACTOR's services related thereto, take n the Gad c^hed. le ^e.„^;.^s me^^ .eme^. ' possession of CONTRACTOR's tools,appliances, construction equipment and machinery at the Site, 14.02 Pr�qgressPa)qnen and incorporate in the Work all materials and ' equipment stored at the Site or for which OWNER A. AppkGations for P-a)qwen has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, 1. At'east 20 days befoFe the date estab OWNER's representatives, agents and employ- ' ees, OWNER's other CONTRACTORS, and Fn6reefte^ 'r—thAR GRse—a Fnentl ENGINEER and Design Engineers access to the GONTRAGTOR shall 6wbmit to ENGIN Site to enable OWNER to exercise the rights and ' remedies under this paragraph. \n lark ^ mpleted ar of the date gf the C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of poicting dOGUFnentation as is FeqwiFed by the ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other on the basis Gf FiriateFials and equipmen dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies suitably ^....ed of the Site ^. at ^^o.he. under this paragraph 13.09 will be charged against GGation agineed to FR writing, the Applir CONTRACTOR, and a Change Order will be issued incorporating the necessary revisions in the bill of sale, inWiGe, 9F othei: deGuFneinita Contract Documents with respect to the Work;and WaFranting that OWNER has reGedyed the OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are Liens and ey den^e that the mate Fiats ed unable to agree as to the amount of the "" a .ey ate ' adjustment, OWNER may make a Claim therefor t , '.e ^^ ed be^.e^ as provided in the Construction Contract. pFe•^^t OWNER's antero^..hemi. ^n ei,.,hi^h paragFapi1&86. Such claims, costs, losses and MUM be satiisfaGtaicy to QWAIER. damages will include but not be limited to all costs ' of repair, or replacement of work of others 2. BegiAning with the seG9ndAppIiGatiGR destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. affid&At Gil GONTP.NGTOR stating that all payments FeGaived on ' D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the ' Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. 3. The amount of Retainage ' with respect to progress payments shall be as ARTICI F 14 PAYMENTS TO CONTRACTOR nGln rnnnol follows:: �rinN ta The Owner will retain 10 percent of each approved progress payment until the Work is 50 percent nen li a� b n papagraph^. complete; then, the Owner ' ll he pFagFess may at its option suspend pay Apts and further Retainage until the ,O,pplqGatonnfeFPayFnentaGGeptablete ENGINEER final progress payment. Work will be paid for at the GGF;tFaGt PFiG99 named- ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 42 1 1 ' b The Owner reserves the ENGINEER will not thereby be deemed to right to reinstate up to 10 have represented that: (1)inspections made to check the quality or the quantity of the Work percent Retainage of the as it has been performed have been exhaus- t total of the Work done if tive, extended to every aspect of the Work in the Owner determines, at progress, or involved detailed inspections of the Work beyond the responsibilities specifi- itS discretion, that there is cally assigned to ENGINEER in the Contract ' other cause for such Documents; or(ii)that there may not be other Retainage. matters or issues between the parties that might entitle CONTRACTOR to be paid ' B. Review of Applications additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 1. ENGINEER will, within 10 days after 4. Neither ENGINEER's review of ' receipt of each Application for Payment,either CONTRACTOR's Work for the purposes of indicate in writing a recommendation of recommending payments nor ENGINEER's payment and present the Application to recommendation of any payment, including OWNER or return the Application to final payment, will impose responsibility on ' CONTRACTOR indicating in writing ENGINEER to supervise, direct,or control the ENGINEER's reasons for refusing to Work or for the means, methods, techniques, recommend payment. In the latter case, sequences, or procedures of construction, or CONTRACTOR may make the necessary the safety precautions and programs incident ' corrections and resubmit the Application. thereto, or for CONTRACTOR's failure to 2. ENGINEER's recommendation of any comply with Laws and Regulations applicable payment requested in an Application for to CONTRACTOR'S performance of the ' Payment will constitute a representation by Work. Additionally, said review or ENGINEER to OWNER, based on recommendation will keaot n se examination ENGINEER's observations on the Site of the on ENGINEER to make any examination to executed Work as an experienced and quali- ascertain how or for what purposes ' fied design professional and on ENGINEER's CONTRACTOR has used the moneys paid on review of the Application for Payment and the account of the Contract Price, , m determine accompanying data and schedules,that to the that title to any of the Work, materials, or best of ENGINEER's knowledge, information equipment has passed to OWNER free and ' clear of any Liens. and belief: a. the Work has progressed to the 5. ENGINEER may refuse to recommend ' point indicated; the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to b. the quality of the Work is generally make the representations to OWNER referred in accordance with the Contract to in paragraph 14.02.B.2. ENGINEER may ' also refuse a recommend any such payment Documents (subject to an evaluation of the Work as a functioning whole priorto or or, because of subsequently discovered upon Substantial Completion, to the evidence or the results re subsequent ' results of any subsequent tests called for inspections o tests, revise or revoke any such in the Contract Documents, to a final payment recommendation previously made,to such extent as in determination of quantities and classifica- may be necessary tions for Unit Price Work under paragraph ENGINEER'S opinion to protect OWNER from ' 9.08,and to any other qualifications stated loss because: in the recommendation); and a. the Work is defective, or c. the conditions precedent to completed Work has been damaged, CONTRACTOR's being entitled to such requiring correction or replacement; payment appear to have been fulfilled in b. the Contract Price has been re- so far as it is ENGINEER's responsibility duced by Written Amendment or Change ' to observe the Work. Orders; 3. By recommending any such payment c. OWNER has been required to ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 43 t correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge enumerated in paragraphs 14.02.B.5.a of the occurrence of any of the events through 14.02.B.5.corparagraph 15.02.A. ' enumerated in paragraph 15.02.A. 2. If OWNER refuses to make payment C. Payment Becomes Due of the full amount recommended by ENGINEER, OWNER must give ' 1. Ten days after presentation of the CONTRACTOR immediate written notice(with Application for Payment to OWNER with a copy to ENGINEER)stating the reasons for ENGINEER's recommendation, the amount such action and promptly pay CONTRACTOR ' recommended will(subjectto the provisions of any amount remaining after deduction of the paragraph 14.02.0) become due, and when amount so withheld. OWNER shall promptly due will be paid by OWNER to pay CONTRACTOR the amount so withheld, CONTRACTOR. or any adjustment thereto agreed to by OWNER and CONTRACTOR, when D. Reduction in Payment CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 1. OWNER may refuse to make payment ' of the full amount recommended by 3. If it is subsequently determined that ENGINEER because: OWNER's refusal of payment was not justified, the amount wrongfully withheld shall a. claims have been made against be treated as an amount due as determined OWNER on account of CONTRACTOR's by paragraph 14.02.C.1. performance or furnishing of the Work; 14.03 CONTRACTOR's Warranty of Title ' b. Stop Notices have been filed in connection with the Work, except where A. CONTRACTOR warrants and guarantees CONTRACTOR has delivered a specific that title to all Work, materials,and equipment cov- Bond satisfactory to OWNER to secure ered by any Application for Payment, whether ' the satisfaction and discharge of such incorporated in the Project or not, will pass to Stop Notices; OWNER no later than the time of payment free and clear of all Liens. c. there are other items entitling ' OWNER to a set-off against the amount 14.04 Substantial Completion recommended; or ' d. OWNER has actual knowledge of the occurrence of any of the events A. When CONTRACTOR considers the completed or corrected before final payment. entire Work ready for its intended use OWNER shall have seven days after receipt of the ' CONTRACTOR shall notify OWNER and tentative certificate during which to make written ENGINEER in writing that the entire Work is objection to ENGINEER as to any provisions of the substantially complete (except for items certificate or attached list. If, after considering specifically listed by CONTRACTOR as incom- such objections, ENGINEER concludes that the ' plete) and request that ENGINEER issue a Work is not substantially complete, ENGINEER certificate of Substantial Completion. Promptly will within 14 days aftersubmission of thetentative thereafter, OWNER, CONTRACTOR, and certificate to OWNER notify CONTRACTOR in ' ENGINEER shall make an inspection of the Work writing, stating the reasons therefor. If, after to determine the status of completion. If consideration of OWNER's objections, ENGINEER ENGINEER does not consider the Work considers the Work substantially complete, substantially complete, ENGINEER will notify ENGINEER will within said 14 days execute and ' CONTRACTOR in writing giving the reasons deliver to OWNER and CONTRACTOR a therefor. If ENGINEER considers the Work definitive certificate of Substantial Completion(with substantially complete, ENGINEER will prepare a revised tentative list of items to be completed or and deliver to OWNER a tentative certificate of corrected)reflecting such changes from the tenta- Substantial Completion which shall fix the date of tive certificate as ENGINEER believes justified Substantial Completion. There shall be attached after consideration of any objections from to the certificate a tentative list of items to be OWNER. At the time of delivery of the tentative ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 44 1 certificate of Substantial Completion ENGINEER Substantial Completion for that part of the will deliver to OWNER and CONTRACTOR a Work. Within a reasonable time after either written recommendation as to division of responsi- such request, OWNER, CONTRACTOR,and bilities pending final payment between OWNER ENGINEER shall make an inspection of that ' and CONTRACTOR with respect to security, part of the Work to determine its status of operation, safety, and protection of the Work, completion. If ENGINEER does not consider maintenance, heat, utilities, insurance, and that part of the Work to be substantially com- warranties and guarantees. Unless OWNER and plete, ENGINEER will notify OWNER and ' CONTRACTOR agree otherwise in writing and so CONTRACTOR in writing giving the reasons inform ENGINEER in writing prior to ENGINEER's therefor. If ENGINEER considers that part of issuing the definitive certificate of Substantial the Work to be substantially complete, the Completion, ENGINEER's aforesaid recom- provisions of paragraph 14.04 will apply with mendation will be binding on OWNER and respect to certification of Substantial Com- CONTRACTOR until final payment. pletion of that part of the Work and the division of responsibility in respect thereof and B. OWNER shall have the right to exclude access thereto. CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow 2. No occupancy or separate operation of CONTRACTOR reasonable access to complete or part of the Work may occur prior to ' correct items on the tentative list. compliance with the requirements of paragraph 5.10 regarding property insurance. 14.05 Partial Utilization t 14.06 Final Inspection A. Use by OWNER at OWNER's option of any substantially completed partof theWorkwhich A. Upon written notice from CONTRACTOR has specifically been identified in the Contract that the entire Work or an agreed portion thereof is Documents, or which OWNER, ENGINEER, and complete, ENGINEER will promptly make a final CONTRACTOR agree constitutes a separately inspection with OWNER and CONTRACTOR and functioning and usable part of the Work that can will notify CONTRACTOR in writing of all particu- be used by OWNER for its intended purpose lars in which this inspection reveals that the Work ' without significant interference with is incomplete or defective. CONTRACTOR shall CONTRACTOR's performance of the remainder of immediately take such measures as are necessary the Work, may be accomplished prior to to complete such Work or remedy such Substantial Completion of all the Work subject to deficiencies. ' the following conditions. 14.07 Final Payment 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER A. Application for Payment to use any such part of the Work which OWNER believes to be ready for its intended 1. After CONTRACTOR has, in the use and substantially complete. If opinion of ENGINEER, satisfactorily ' CONTRACTOR agrees that such part of the completed all corrections identified during the Work is substantially complete, final inspection and has delivered, in CONTRACTOR will certify to OWNER and accordance with the Contract Documents, all ENGINEER that such part of the Work is maintenance and operating instructions, substantially complete and request schedules, guarantees, Bonds, certificates or ENGINEER to issue a certificate of other evidence of insurance certificates of Substantial Completion for that part of the inspection, marked-up record documents (as Work. CONTRACTOR at any time may notify provided in paragraph 6.12), and other OWNER and ENGINEER in writing that documents, CONTRACTOR may make CONTRACTOR considers any such part of application for final payment following the the Work ready for its intended use and procedure for progress payments. ' substantially complete and request ENGINEER to issue a certificate of 2. The final Application for Payment shall by subparagraph 5.03.B.7; (ii) consent of the be accompanied (except as previously surety, if any, to final payment; and (iii) ' delivered) by: (1) all documentation called for complete and legally effective releases or in the Contract Documents, including but not waivers (satisfactory to OWNER) of all Lien limited to the evidence of insurance required rights arising out of or Liens filed in connection ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 45 with the Work. ' 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may ' furnish receipts or releases in full and an affidavit of CONTRACTOR that: (1) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for ' which OWNER or OWNER's property mightin any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. ' B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's obser- vation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under ' the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment,indicate in writing ENGINEER's recommendation of ' payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provi- sions of paragraph 14.09. Otherwise, ENGINEER will return the Application for ' Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and ' resubmit the Application for Payment. 2. After acceptance of the Work by the OWNER's governing body, the OWNER will ' make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or ' retained under the provisions of the Contract Documents, including the following items: a. ' Liquidated damages, as applicable c. Retainage from final progress payment ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 46 Retainage stipulated in the Agreement, ' d. Withholding of one and one- and if Bonds have been furnished as half times the value of any required in the Construction Contract outstanding items of consent of the surety to the payment of ' correction work or Punch List the balance due for that portion of the items which are yet Work fully completed and accepted shall uncompleted or uncorrected, be submitted by CONTRACTOR to ' as applicable. All such work ENGINEER with the Application for such shall be completed or payment. Such payment shall be made ' corrected to the satisfaction of under the terms and conditions the OWNER within the time governing final payment, except that it specified in the Supplementary shall not constitute a waiver of Claims. General Conditions, otherwise the CONTRACTOR does hereby 14.09 Waiver of Claims waive any and all claims to all monies withheld by the OWNER A. Subject to the provisions of to cover the value of such California Public Contract Code Section uncompleted or uncorrected 7100, the making and acceptance of ' items. final payment will constitute: 1. a waiver of all Claims by C. Payment Becomes Due OWNER against CONTRACTOR filed subsequent to the making of final 1. Thirty days after the payment, except Claims arising from ' presentation to OWNER of the unsettled Liens, from defective Work Application for Payment and appearing after final inspection accompanying documentation, the pursuant to paragraph 14.06, from amount recommended by ENGINEER failure to comply with the Contract will become due and, when due, will Documents or the terms of any be paid by OWNER to CONTRACTOR. special guarantees specified therein, ' or from CONTRACTOR's continuing 14.08 Final Completion Delayed obligations under the Contract Docu- ments; and ' A. If, through no fault of CONTRACTOR, final completion of the 2. a waiver of all Claims by t Work is significantly delayed, and if CONTRACTOR against OWNER other ENGINEER so confirms, OWNER shall, than those previously made in writing upon receipt of CONTRACTOR's final which are still unsettled. ' Application for Payment and recommendation of ENGINEER, and B Payment of undisputed contract without terminating the Agreement, amounts is contingent upon the make payment of the balance due for CONTRACTOR furnishing the OWNER that portion of the Work fully completed with a release of all claims against the and accepted. If the remaining balance OWNER by virtue of the public works to be held by OWNER for Work not fully contract related to those amounts. completed or corrected is less than the Disputed contract claims in stated CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 47 ' my CONTDAGTOR shalt obtain ig a «o litigation thereunder; provided, that if the inderwdfy the OWAICD fes any damage to the ENGINEER shall, in its discretion, permit the ' Werk rause,, by aR art of God if the :gr raRee CONTRACTOR to file with the OWNER the bond rate h:rl item ig the bidding referred to in Section 3196 of the Civil Code of sehedule for e�'vrk. POF emeses of this the State of California, said moneys shall not ' seGdan the t@FFR g fGod" shall inol ,rie ^I.• thereafter be withheld on account of such Stop felle,.,inn nditiegr Rd Notice. off its• easthqua Les: exGess of a na .ie of ' ' G an t,haeRiiohter crale and tidal waves-. 17.08 Concrete Forms Falsework and Shoring: 17.06 Notice of Completion: ' The CONTRACTOR shall comply fully with the A In accordance with the Sections 3086 and requirements of Section 1717 of the Construction 3093 of the California Civil Code, within 10 days Safety Orders, State of California, Department of after date of acceptance of the Work by the Industrial Relations, regarding the design of OWNER's governing body, the OWNER will file, in concrete forms, falsework and shoring, and the the County Recorders office, a Notice of inspection of same prior to placement of Completion of the Work. concrete. Where the said Section 1717 requires the services of a civil ENGINEER registered in the 17.07 Unpaid Claims: State of California to approve design calculations and working drawings of the falsework or shoring ' A If, at any time prior to the expiration of system, or to inspect such system prior to the period for service of a Stop Notice, there is placement of concrete, the CONTRACTOR shall served upon the OWNER a Stop Notice as employ a registered civil ENGINEER for these provided in Sections 3179 through 3210 of the purposes, and all costs therefor shall be included ' Civil Code of the State of California, the OWNER in the price named in the Contract for completion shalt, until the discharge thereof, withhold from of the Work as set forth in the Contract the moneys under its control so much of said Documents. ' moneys due or to become due the CONTRACTOR under this Contract as shalt be sufficient to 17 09 o^t^in^^^ erem Monthly oe„men«s. answer the claim stated in such stop notice and to provide for the reasonable cost of any A Derr, n« to feetio 22390 of the Natir^ of GeTfi olen^ fes. rites eligible For Cali€nmia Rub,ir Centmrt Cede, the investment under o„blip rentraet Code Sertinn CONTRACTOR m substitute , tities for a 22390 shall he i:..heel to these listed :n 5estieg _. eny withheld by the Il\ NER to ipsup@ 6430 f the f_^.,os o@Rt ro.l and to bank�o-vrzrr�vvrrnnr -tvvi�'r��.ruvrrtc-or erfermanee cosies the rentrar-t At the r estsavngs and lean Gertifisates of deposit. nrl ofthe CONTDACT-OR r:tier vr,c , ^ equivalent to the amg ,nt thheld shall he 17.10 Public Works Contracts; Assignment to deposited with the OWNER a with a state g Awarding Body. federally shartere,i hARk as the eqrrew agent, ,.,he—shall return rl re,. ,cities tg the A In accordance with Section 7103 of the ' California Public Contract Code (Stats. of 1990), rCG,_gtrart Deposit of securities .,,;th an esGre the CONTRACTOR and Subcontractors shall agent shall he s„h:eGt to a written agreement fe, conform to the following requirements. In ' , to , ,.egrtr,.Gt:en naymeg« retention grevidea entering into a public works contract or a 'byye QN91Z h t reeR the eseFew agent �d t�h subcontract to supply goods, services, or QWNrR which g 9N4des that a grtieg of the materials pursuant to a public works contract, ser.,rities.hall be paid to the mage nr'no ,,..til the CONTRACTOR or subcontractor offers and tho OWNFR has ae�if Pai to the espro,A,agent, .r7 agrees to assign to the awarding body all rights, FWng that the rgntr..Gt has leen satisfartaFil., title, and interest in and to all causes of action it Ee...elete.i :PA@ QIA/AICD ..,ill net,.esti fjy that the may have under Section 4 of the Clayton Act (15 rGeentt,art hag leen satisfaster l., Gempletea until U.S.C. Sec. 15) or under the Cartwright Act !east 20 days after filing by the OWAICD of .. (Chapter 2 (commencing with Section 16700) of CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 50 Part 2 Division 7 of the Business and Professions enumeFated in Artiele 17.14A, he.ein ' Code), arising from purchases of goods, services, shall be FRade available f9F ' or materials pursuant to the public works fUFnished up9R Fegaest to a contract or the subcontract.This assignment shall FepFesentatiye of the bady a..wa Fdinn the be made and become effective at the time the eent.aet the DiNrisinn of 1 ah...5tandardr, ' awarding body tenders final payment to the en€eFeement, and the DivisieR f CONTRACTOR, without further acknowledgment AppFeRticeship Sta„d�-ds of the bythe parties. nenartw..e9t of InrhistFial Del_t:e9. 3. A Genified Gepy of all paY.oll a or.ls 1.- A!_ Dow 911 Re r s Detentio in rtio aterl ip A.tiele 17-14A, ho n, ' Alenromplln On eltio . Rules n.f shall he ...a.io Gable w 9 Fequest b � ww ; rr the ubl: fe rt'o theFeef made; r A Farh CONTRACTOR and w br99t.art9r est by the publirshall he ...rile shalt keep � �ehe ^ 11 ...en.rl ehen. iRg hh n nh sate. hhn LnAIthe cep-Gauss c-^p��i`7'rvsaTc � mnr� the a.l.l. secal s tit..number, .L 9t. rt the Di en of An nt'r shin rl- s:F'rat:n Straight time and .tim ho ftandaFds the n:. of LAW ' WOFked-eaach rn,day andweek, e�k, and the aGtual pe [tAn.:Rrdrt e FAfnrr•n...ent IF th9 rnn��eed die wages aid teart n, .oll r .l ors have et been n .driA.l et to Artirler here:.. by him eF heF in GeRFieetien with the public 49004 the' st:nn ^a.ty shall to. being ..:rieA the provided ennrrls ...h. . re se the costs — of prepaFatien by tom Q The payroll .:e .!r e. rate9.0. C.GNT-DACTOR subre9t.aaere 9.1 the 1 Aw+ir1` 47 11A3hAll bbe Gertifieedunds;RlheA entity through wh:rh the ren est wua :I-hle fn aria -t -11 . able hn at �bti shall:=.aarl� cThe in' s +otbe--g:ve„ then al office of the GONT-DACTOR, 99 the s to the r Ards at the 9 nal �r n n off;ro of the CONTD ACTf\D r. A rertiHers repy of an A nleyee's payroll E Farh CONTRACTOR shall file a rert:f:e.l FeGgFd shall be ade :lahie fe GOPY of the FeGGr.fs ated Art'rle incnertinn OF F...nishe.l to then 910. 17.4 4 A, heFein, with the entity thatstArl OF hisOF he tho ed ntatiy the w: . s .;thin 1/1 .lays afte �teeF OR_'_`_9t. r'rritvr' 1 A ertified GGPY of all .all records D ARy copy Of FeG9Fd6 FRade fAF and shall, within r., rkiRg days, n wide a ntir as r n..! furnished^ est of a change of leration A.Ad a.l.l.ess. .s^o`^pncEt�orr.xrc^v^p:ceov:av-ren. vzapm^rF�yvc She— w bl:r OF bl; by the aWaF:'nn body, the Diyisie of Apprentireshin F In the o eat of o piia9re with the , eats 9f this fertien r the CONTDACT41D ERfA ent shall bemarked or eblitA .!ateshallhave 10 days i .which to oly ubc eat rb he At .:srlo of AR to FeGeipt of . Atte otic sper{f.n .what n.l:.w:.fual's name, addFe wisocial e t . e eti . its the t ONT-DAf.-014 must r • ply with this s. heF The n-wA ..- A ^rlsl es sof the- 5ertinn 519611rl nnm^Iia^re still bewi A. .1eAt CONT-IZACT-OR awaFoed the Gntraet 9F afte.the 10 day 9e riewl r the GONT-PAGWR shall eP�anrm,nn the rontrart shall not he w..arLed AF as a alty to the state eF olit:ral sub&4sian nhlittorratev OR ..whAse behalf the nnhrart is .nawle o. ar.l e.l Fe.fea 75 AAllarr for each r,l A...la.day , F The CONTRACTOR rhall infer... thA he.l.. awarding the ot. rt of the In -tie of the Gemnl:anee is effertw ate.1 I19 the request 9f ' e ^..Ie_enu a ate.:wAwler Artirle 17.11A, he e; the Division .i of A9o.entireship ftanarwlr or the s1.wdiRg the rtr et address, QWAICD aAd r nh^rr oy 9wle nhi. of 1 ahftaards Wh r the re ' CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 51 penallies shall be .w:thhel.l F.em PF8gFess monthly n ed ending e . befese the 1st of payme then duer that month the QNN-ER wall' .etain an a e. nt .al to 10 ne.een«of the estimated.,a1 eF the G Ge of ail paYFORS shall be Uhmitto.l .L n .fn ed .l. o the nth F.em thenext weekly to the ENGINEER.EER Pa.,.elle shall vee.tain enthly estimate e*eept that s eh .e♦entien ' the full w1.1 name, a . .1.. s se al e. Fits. e mQe. shall not n eed $1 n nnn n s be less than f 1 QQG a of eh pie e his he et R.Pt@RtiQRS fe fan. tosubmit satisfaGtaFy rtassifiration, Fate of pay, daily and weekly payFolls shall be additional to - -- I ' n mbe. eF ho .s ..we.l(ewl itemized de,l-wetinns d -Tnb fps , p�",;�e�-f�:rthe Eeritrac-E. e�el:ewl:ien FR;ide and aetlial-waves-paid. They shall allse ndicate retie and .+«:e ei retie to dll he ole ed fn ret OR the nthi.w ' e. The m. eeaddFeSS and eve al estimate fns na.tiFal payments next fell9 wing the e ., .:trobe a ed only the Fist .late that all the 4ati5faGt0FY n ell. far .which PaYFOI! OR WhiGh his, ROW appears- The payFOlt the .ehentien . aS a,le We wbmithe,l shalllb�eaGeenmpanied by a I "Statwnpnt eFF Commranee• Signed by the emeley .e,its agent 17.12 Cultural Resources: ndirat:ne that the .olls veh ARGI mnlete an,, that the wage Faatccs—GontAiRPd The CONTRACTOR's attention is directed to the ' these:nae net less than t;zaese Feg6liFedd by the provisions of the Clean Water Grant Program ent.aet The"Stmem ret of Compliance"shall he Bulletin 76A which augments the National Historic on forms furRished by the OWNER OF 9n aRy ferm Preservation Act of 1966 (16 U.S.C. 470 as �A'Ath WeRtical ,A(;Fdz g- The CONTRACTOR shall specified under Section entitled, 'Temporary he .e.penSible for the swhmissien of repie. of Environmental Controls' of the General Requirements. ' u IFS by the 15th of the Fnemh the 17.13 Protection of Workers in Trench CONT-RACT-OR hac netgwhmittedsaattisfaaao Excavations: payrolls for all weFk peFfarmed duFiRg the A As required by Section 6705 of the on the OWNER, ENGINEER, or any of their California Labor Code and in addition thereto, officers, agents, representatives, or employees. whenever work under the Contract involves the excavation of any trench or trenches 5 feet or 1744 SibsisbeaGe42Gj(-: more in depth, the CONTRACTOR shall submit for acceptance by the OWNER or by a registered civil A As Fe i.e.l by Sect:nn 1771R of the or structural ENGINEER, employed by the OWNER, Q140.niaLabor Qrlethe CON TDAFT/1Dshallna.w ' to whom authority to accept has been delegated, t.a.wel and .w,h..istenee payments to ,.ash ...orbs. in advance of excavation,a detailed plan showing nee,,ed to execute the W9F'( as eh t.a.wel an,, the design of shoring, bracing, sloping, or other subsistenee paymeRts a e .lefine.l in the provisions to be made for worker protection from appliGable relleetiye baFgainine an.e,.ment.file., the hazard of caving ground during the iR RrrQFd3nGP1A4th this A FUGIR excavation, of such trench or trenches. If such ' plan varies from the shoring system standards B TO estahllsh sashel trava:d-subg4tenGe a established by the Construction Safety Orders of men.. the Fe entative ofany ,-.aft , the Division of Industrial Safety, the plan shall be elas.ifivatien . type of . e.hman eeded to prepared by a registered civil or structural exec to the vent.aet. Chau file ..with the ' ENGINEER employed by the CONTRACTOR,and all nepa.tmentof'RdugtFialoelatinn.f kyexecuted costs therefor shall be included in the price of ev.. .. we baseainine a pnts fnr named in the Contract for completion of the the pa•ticulw GFaft elassifieatien OF type Of..we.h Work as set forth in the Contract Documents. iRVQIA'e.l G'ch aeseements .hall he filed •.within Nothing in this Section shall be deemed to allow 10 days after their exec.,tien and the.eafte..hau the use of a shoring, sloping, or other protective establish . wch tsa.wel an,, subsistence payments ystem less effective than that required by the ,.Aene.we.filed 30 days PFiGF the,.all fes bids Construction Safety Orders. Nothing in this ection shall be construed to impose tort liability 17.15 Removal, Relocation, or Protection of CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 52 Existing Utilities: ' 17.16 Contracts for Digging Trenches or A In accordance with the provisions of Excavations; Notice on Discovery of Hazardous Section 4215 of the California Government Code, Waste or Other Unusual Conditions; any contract to which a public agency as defined Investigations; Change Orders; Effect on ' in Section 4401 is a party, the public agency shall Contract assume the responsibility, between the parties to the contract, for the timely removal, relocation, A As required under Section 7104 of the or protection of existing main or trunkline utility Public Contracts Code (Stats. of 1990), in any facilities located on the site of any construction public works contract of a local public entity project that is a subject of the contract, if such which involves digging trenches or other utilities are not identified by the public agency in excavations that extend deeper than four feet the plans and specifications made apart of the below the surface shall be subject to the invitation for bids. The agency will compensate following conditions: The CONTRACTOR shall the CONTRACTOR for the costs of locating, promptly, and before the conditions specified in ' repairing damage not due to the failure of the Section 7104(a), therein, are disturbed, notify CONTRACTOR to exercise reasonable care, and the public entity in writing, of any of the removing or relocating such utility facilities not conditions described in Section 7104(a)(1) indicated in the plans and specifications with through 7104(a)(3).. reasonable accuracy, and for equipment on the project necessarily idled during such work. ' END OF GENERAL CONDITIONS B The CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the ' failure of the public agency or the OWNER of the utility to provide for removal or relocation of such utility facilities. ' C . Nothing herein shall be deemed to require the public agency to indicate the ' presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications. ' D If the CONTRACTOR while performing the contract discovers utility facilities not identified by the public agency in the contract plans or ' specifications, he or she shall immediately notify the public agency and utility in writing. ' E The public utility, where they are the OWNER, shall have the sole discretion to perform repairs or relocation work or permit the ' CONTRACTOR to do such repairs or relocation work at a reasonable price. CAPTAIN'S HILL PUMP STATION GENERAL CONDITIONS ELECTRICAL REPLACEMENTS PAGE 53 ' CONDITIONS OF THE CONTRACT ' SUPPLEMENTARY GENERAL CONDITIONS ' GENERAL These Supplementary General Conditions make additions, deletions, or revisions to the ' General Conditions, as indicated herein. All provisions which are not so added, deleted, or revised remain in full force and effect. Terms used in these Supplementary General Conditions which are defined in the General Conditions have the same meanings assigned tto them in the General Conditions. ARTICLE 3 - CONTRACT DOCUMENTS; INTENT, AMENDING, AND REUSE 3.01 Intent: ' The following paragraph F shall be added to Article 3.01 of the General Conditions: D The location of the Work, its general nature and extent, and the form and general dimensions of the Project and appurtenant works are shown on the Drawings, hereby made a part of these Contract Documents, as listed on the Drawings, entitled "Captain's Hill Pump Station Electrical Replacements," dated prior to the date of ' opening bids. Drawing changes made subsequent to the date of opening bids shall only be issued under a Change Order, as provided in the Construction Contract.AFtiGle 10 e# the GeFIeFal Conditions. ,-iRT,pvEq vvNvv AND INSURANCE501 • fPayment, and atherRands I) The ReFfeFmanGe Bend shall be e)dended to GaveF the GRe year GaFpeetiaR and ' ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ' 6.06 Concerning Subcontractors, Suppliers, and Others: Add the following paragraph H to Article 6.06 of the General Conditions: CAPTAIN'S HILL PUMP STATION CONDITIONS OF THE CONTRACT ELECTRICAL REPLACEMENTS SUPPLEMENTARY GENERAL CONDITIONS ' PAGE 1 ' H In addition to other provisions of Article 6.06 of the General Conditions, the Contractor shall perform not less than 20 percent of the Work included in the original ' Contract Price with its own forces (i.e., without subcontracting), 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 original total Contract ' Price before computing the amount of work required to be performed by the Contractor with its own forces. When items of work in the Bid Schedule are preceded by the letter "S;" such items are designated as "specialty Items." Where an entire item is subcontracted, the value of the work subcontracted will be based upon the contract item bid price. When a portion of an item is subcontracted, the value of the work subcontracted will be the estimated percentage of the contract item bid price , ' determined from the information submitted by the Contractor, subject to approval of the Engineer . The 20 percent requirement shall be understood to refer to the Work, the value of which totals not less than the full Contract Price contract price. 6.08 Permits: Add the following paragraphs B, C, and D to Article 6.08 of the General Conditions: B Business License and Permits: All permits issued by the Owner shall be ' obtained by the Contractor, but will be paid by the Owner; provided, that prior to beginning the Work hereunder, the Contractor shall obtain and pay for a City of San Juan Capistrano business license. Except as otherwise provided herein, all permits ' issued by other agencies and authorities having jurisdiction shall be obtained and paid for by the Contractor. ' C Building Permits: The Contractor shall obtain all licenses and shall assist in obtaining permits required to perform the Work of this project. The general Building Permit and Plan Check Fee will be paid for by the Owner. Other permit fees, including ' encroachment fees and electrical, mechanical, and plumbing permit fees will be paid directly by the Owner. No separate payment therefor will be allowed under the Contract for any of the permits or fees under this Article. D Utility Fees: Utility connection fees, lateral fees, utility structure changes and tariffs, inspection fees, and similar utility-related fees will be paid for directly by the City. ' Annexation fees, flood control fees, pollution district fees, and similar fees will also be paid by the Owner. No separate payment therefor will be allowed under the Contract for any of the fees under this Article. ' ARTICLE 11 - PAYMENTS TO CONTRACTOR AND COMPLETION; CHANGE OF CONTRACT PRICE 11.04 Cost of Work (Based on Time, Materials, and Equipment and Contractor's Overhead and Profit). CAPTAIN'S HILL PUMP STATION CONDITIONS OF THE CONTRACT ELECTRICAL REPLACEMENTS SUPPLEMENTARY GENERAL CONDITIONS PAGE 2 ' Add the following wording to the end of Article 11.04, paragraph D of the General Conditions: ' Whenever under the terms of this Contract the Contractor is entitled to additional payment for the use of rental equipment, the Contractor will be paid for the use of the ' Equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication: "Labor Surcharge and Equipment Rental Rates"as published by the State of California, Department of Transportation, Sacramento, CA. ' ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ' 13.03 Tests and Inspections: ' Add the following paragraph G to Article 13.03 of the General Conditions: G All Special Inspections required under the provisions of the Building Code will be ' provided and paid for by the Owner. ' AGTIGI C 14 PAYMENTS TO THE CONTRACT-OR AND f`AMPI CTION 14.02 PF89Fe66 Payments; 1SubpaFaqFaph 14.0-2.4-2 Of the G-PRIA-FAI shall be GhaRqed to read as fellews� 4 . The amount of retainage with respect to progress payments shall be as follows : the Owner may retain a portion of the amount of each progress payment otherwise due to the ' Contractor, as follows : a. The Owner will retain 10 percent of each approved ' progress payment until the Work is 50 percent complete; then, the Owner may at its option suspend further retainage until the final progress payment . ' b. The Owner reserves the right to reinstate up to 10 percent retainage of the total of the Work done if the ' Owner determines, at its discretion, that the Contractor is not performing the Work satisfactorily, or there is other specific cause for such retainage . ' Add the following paragraph E to Article 14 . 02 as follows : E For all long lead purchases of specially fabricated CAPTAIN'S HILL PUMP STATION CONDITIONS OF THE CONTRACT ELECTRICAL REPLACEMENTS SUPPLEMENTARY GENERAL CONDITIONS ' PAGE3 r r materials or equipment that has been delivered to the site and safely and securely stored in accordance with the requirements of Section entitled, "Materials and Equipment , " the Owner will pay 50 percent of the Supplier' s invoice price to the Contractor; provided, that no payment will be made for any materials, equipment, or components thereof, whose value is less rthan $5000 dollars . r - END OF SUPPLEMENTARY GENERAL CONDITIONS - r r r 1 r r r r r r r ` r CAPTAIN'S HILL PUMP STATION CONDITIONS OF THE CONTRACT ELECTRICAL REPLACEMENTS SUPPLEMENTARY GENERAL CONDITIONS r PAGE4 ' CITY OF SAN JUAN CAPISTRANO PART III - TECHNICAL SPECIFICATIONS ' CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS CIP NO. 767 t 1 1 TECHNICAL SPECIFICATIONS SECTION 16000 CAPTAINS HILL ELECTRICAL REPLACEMENTS PROJECT ELECTRICAL,INTRUMENTATION AND CONTROL PART1 - GENERAL 2 1. DESCRIPTION............................................................................................................2 2. SCOPE OF WORK...................................................................................................... 2 3. CONTRACT DRAWINGS............................................................................................. 3 ' 4. CONTRACTOR QUALIFICATIONS............................................................................... 3 5. EXAMINATION OF WORK AND SITE.......................................................................... 3 6, EXISTING DOCUMENTATION.............. ......__.......... ...........................3 ' 7. CODES AND STANDARDS.......................................................................................... 3 8. PERMITS AND INSPECTIONS......................................................................................4 9. COORDINATION OF WORK........................................................................................4 10. EQUIPMENT,MATERIALS AND WORKMANSHIP .................................................... 5 11. PROGRESS MEETINGS........................................................................................... 5 12. SUBMITTALS ........................................................................................................ 5 13. QUALITY ASSURANCE.......................................................................................... 7 14. CLEANUP ............................................................................................................. 8 15. GUARANTY.......................................................................................................... 8 ' 16. DEFINITIONS......................................................................................................... 8 17. STARTUP AND FIELD TESTING.............................................................................. 9 18. TRAINING........................................................................................................... 10 19. EQUIPMENT DELIVERY,HANDLING,AND STORAGE ........................................... 10 20. DEMOLITION ...................................................................................................... 11 ' 21. DISPOSITION OF REMOVED MATERIALS AND EQUIPMENT.................................. 12 PART 2 - MATERIALS 13 1. GENERAL............................................................................................................... 13 2. POWER DISTRIBUTION............................................................................................ 13 3. MOTOR CONTROL CENTER..................................................................................... 15 ' 4. CABINETS AND PANEL EQUIPMENT........................................................................ 17 5. SOLID STATE MOTOR CONTROLLER....................................................................... 21 6. PRESSURE TRANSMITTER....................................................................................... 22 7. PRESSURE SWITCH.................................................................................................22 8. PULSATION DAMPENER.......................................................................................... 23 9. PROCESS TUBING................................................................................................... 23 10. CONDUIT............................................................................................................ 23 11. CONDUIT FITTINGS,OUTLET AND PULLBOXES...................................................23 12. UNDERGROUND PULLBOXES AND MANHOLES ................................................... 24 13. WIRE AND CABLE ..............................................................................................25 14. PROGRAMMABLE LOGIC CONTROLLER ..............................................................25 15. PLC START-UP.................................................................................................. 29 ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-1 ELECTRICAL REPLACEMENTS ' 16. EMI/RFI FILTER AND SURGE SUPPRESSION.......................................................29 17. BATTERIES,BATTERY CHARGER AND POWER SUPPLIES .................................... 30 18. SPARE PARTS..................................................................................................... 30 PART 3-EXECUTION 31 ' 1. GENERAL............................................................................................................... 31 2. RACEWAYS............................................................................................................ 32 3. BOXES AND FITTINGS............................................................................................. 33 4. CONDUCTORS AND CABLES ................................................................................... 33 5. UTILITY POWER ..................................................................................................... 34 6. SUPPORTS .............................................................................................................. 34 ' 7. SEISMIC ANCHORING RESTRAINTS......................................................................... 34 8. HANDHOLES AND PULLBOXES................................................................................ 34 9. CHECKING,ADJUSTING AND TESTING.................................................................... 34 10. CLEANUP ........................................................................................................... 35 PART 4-SYSTEM CONTROL DESCRIPTIONS 36 1. GENERAL............................................................................................................... 36 2. MMI/CCS INTERFACE GUIDELINES....................................................................... 36 3. COMMON CONTROL AND MONITORING LOOPS....................................................... 38 ' 4. PLC PROGRAM ...................................................................................................... 39 5. KEYPAD INTERFACE............................................................................................... 42 ' -- END OF SECTION TABLE OF CONTENTS- 1 CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS -2 ELECTRICAL REPLACEMENTS TECHNICAL SPECIFICATIONS SECTION 16000 CAPTAINS HILL ELECTRICAL REPLACEMENTS PROJECT ELECTRICAL, INTRUMENTATION AND CONTROL PART 1 - GENERAL t This contract is for the installation of the electrical upgrade of Captains Hill Pump Station owned by the City of San Juan Capistrano (Owner). These Specifications are intended to provide a broad outline of the work and equipment ' required, but are not intended to include all the details of design and construction. The drawings are diagrammatic, approximately to scale. However,they shall not be used for exact locations. The Contractor shall verify all dimensions from the contract drawings and shall coordinate these dimensions with actual field conditions. Actual distances, locations, and elevations will be governed by actual field conditions. ' The Plans do not, and are not intended to, show all equipment, such as pull boxes, junction boxes, etc., required nor to indicate all mechanical or structural difficulties that ' may be encountered which would necessitate routing alternation,offsets, or fittings. Items not specifically mentioned in these Specifications or noted on the Plans or approved shop drawings, but which are obviously necessary to make a complete working 1 installation, shall be deemed to be included herein. 1. Description ' Contractor shall provide all labor, materials, equipment, and incidentals as shown, specified, and required to install a complete Control System. The System shall be as specified and as shown on the Contract Drawings. The Contractor shall provide all ' labor and materials not specifically shown on the Plans or specified herein, yet required to insure proper and complete installation of any system(s) or design intent inherent in the project. ' The project involves the replacement of the existing utility service and motor control center. ' 2. Scope of Work Major electrical work shall consist of: r (1) Replacement of existing electrical services and motor controls with a new service and MCC. (2) New motor power cables and power cables to manual transfer switch. (3) New PLC and MMI. ' (4) Replacement of existing pressure sensing controls with new pressure sensors. CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS -2 ELECTRICAL REPLACEMENTS The Contractor shall also be responsible for furnishing and installing all labor and materials to modify the existing electrical equipment to install the above material. ' The Contractor shall verify proper installation and perform all required testing to insure the installation is complete and operable. ' 3. Contract Drawings Drawings are included as a portion of the Contract documents. Drawings include approximate site layout, approximate location of components, routing for conduit, singleline diagrams, and details appropriate to the work. 4. Contractor Qualifications ' The Contractor shall assume responsibility for the installation of each system. All necessary equipment, components, and materials required shall be furnished by the Contractor who shall assume unit responsibility for adequacy and performance of all supplied hardware items and installation. The Contractor shall have three years experience with installation and testing electrical systems similar to that specified and shall possess appropriate California Contractor license to perform the work specified. ' 5. Examination of Work and Site The Contractor shall examine the complete set of plans and Specifications and visit the ' site of the work to familiarize himself/herself with all existing conditions and ascertain all the necessary work to be done in this Contract. By submitting a bid for work,the Contractor represents that he has examined and understands the requirements in the Contract Documents pertaining to the work,that he has fully acquainted himself with the conditions to be encountered at the work site,has inspected the site, and that he is able to and will complete the work according to the requirements of this Contract. 6. Existing Documentation ' Record contract and shop drawings, to the extent they exist,will be available from the Owner for use by the successful bidder. These drawings are intended as a reference guide. The Owner or the Owner's Representative shall not be held liable for accuracy ' or completeness of record drawings. 7. Codes and Standards ' All the equipment and materials shall conform to the latest revision of the following standards: I (1) American National Standards Institute (ANSI). (2) Institute of Electrical and Electronic Engineers (IEEE). ' (3) National Electrical Manufacturers Association (NEMA). (4) Underwriters' Laboratories (UL). CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS -3 ELECTRICAL REPLACEMENTS (5) Insulated Power Cable Engineers Association (IPCEA). (6) American Society for Testing and Materials (ASTM). (7) National Electrical Code (NEC). All electrical equipment and materials, and the design, construction, and installation ' thereof, shall comply with all applicable provisions of the Federal Occupational Safety and Health Act(OSHA), State Building Standards, and applicable local codes and regulations. ' Where the Plans or these Specifications call for equipment and workmanship to be of better quality or higher standard than required by the above codes, standards, rules, ' and regulation,then said Plans and Specifications shall prevail. Nothing on the Plans or in these Specifications shall be construed to permit work in violation of the above codes, standards, rules, and regulations and the Contractor shall be held responsible for any work that is not acceptable. In case of differences between the building codes, specifications, state law, local ordinances, industry standards, utility company regulations, fire insurance carrier's requirements, and the contract documents, the most stringent shall govern. The Contractor shall promptly notify the Owner's Representative in writing of such ' differences. 8. Permits and Inspections The drawings show the installation as it shall be installed with the minimum requirements of the codes above as a base, and all cost incident thereto shall be included in the Electrical Contractor's Bid. The Electrical Contractor shall obtain all permits, licenses required by the local ordinances and shall include the cost of all such permits required for this installation in his bid. Upon completion of the work, the Electrical Contractor shall furnish the Owner's Representative a certificate of final ' inspection and approval from the local Electrical Inspection Department. 9. Coordination of Work ' Electrical apparatus on all equipment shall be handled, set in place, connected, checked out, serviced, and placed in readiness for proper operation to the satisfaction ' of the Owner and Owner's Representative all within the scope of work intended under this section. Before any work is started, the Contractor shall verify, with the equipment ' manufacturers/suppliers, that equipment dimensions and arrangements will allow for equipment installation in the spaces provided for on the plans, and that the installation ' indicated will provide for all required ventilation, clearances, access, and work space. The Contractor shall be responsible for all coordination with the serving electric utility, San Diego Gas and Electric, to meet the utility's standards for materials and installation and to temporarily interrupt service to a site, if necessary. The Contractor shall coordinate with the Owner and any other agency to ensure compliance with codes, standards, and practices established by such agency. CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-4 ELECTRICAL REPLACEMENTS 1 10. Equipment, Materials and Workmanship It is the intent of these Specifications and of the Plans, to secure high quality in all equipment and materials, and to require first-class workmanship, in order to facilitate ' trouble free operation and minimum maintenance of the electrical system. All equipment and materials shall be new, listed by UL, and bear the UL label,unless ' exception to this requirement is inherent to an individual item specified herein, or exception is otherwise granted by the Owner. Equipment and materials shall be products of reputable, experienced manufacturers. ' Similar items in the project shall be the products of the same manufacturer. All equipment shall be of industrial grade and standard of construction, shall be of sturdy design and manufacture, and shall be capable of long, reliable, trouble-free service. All work, including installation, connection, calibration, testing and adjustment, shall be done by qualified, experienced personnel who are technically skilled in their ' trades, are thoroughly instructed, and are competently supervised. The resulting complete installation shall reflect professional quality work, employing industrial standards and methods. Any and all defective material or inferior workmanship shall ' be corrected immediately to the Satisfaction of the Owner's Representative at no additional cost to the Owner. ' 11. Progress Meetings Progress meetings are required to assess work progress. Progress meetings will be held on a weekly basis, at a location specified by the Owner, and the Contractor shall attend all such meetings. ' 12. Submittals A. Shop Drawings ' Shop drawings shall include, as appropriate: (1) Single line diagram and MCC elevation (2) Control schematics (3) PLC 1/0 wiring diagram, power distribution diagram and panel layout. ' (4) Materials List B. Record Drawings ' The Contractor shall maintain, on project site, one set of Electrical Plans, red- pencil marked, reflecting as-built documentation of the current work performed. This set of Plans shall be available to the Owner or the Owner's representative at I any time for inspection and /or verification. At the completion of the Contract work, the Contractor shall furnish the Owner's Representative with two (2) sets of CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-5 ELECTRICAL REPLACEMENTS Electrical Plans, red-pencil marked,reflecting as-built conditions of the construction work, including any changes, deviations or additions. ' C. Product Specific Catalog ' Product specific catalog cuts shall be in booklet form, indexed to the unique identifiers, and shall consist of data sheets that document compliance with the specification. Where multiple components are shown on a catalog cut, the application specific component shall be clearly marked and identified. D. Software Manual ' The software manual shall describe the functions of the software, and shall include all other information necessary to enable proper loading, testing, and operation. The manual shall describe and document the software provided as part of the system and the software manual shall include complete user documentation of the software package. ' PLC software programming and documentation printouts for the PLC and MMI. Logic diagrams shall be fully commented such that program flow and function can be reviewed by individuals unfamiliar with the diagram format. ' Provide a copy of the manual on 3-1/2-inch floppy disks or CD as well as a hard copy printout. E. Delivery of Proiect Submittals Five (5) copies of project submittals shall be delivered in accordance with the ' Contractor's construction schedule. The submittal shall be one complete package to include all drawings, materials list and cut sheets. Submittal review will be accomplished within two (2) weeks upon receipt. Delayed submittals or re- submittals that delay construction completion, relative to the Contractor's construction schedule submitted in accordance to the General Conditions, shall be the Contractor's responsibility. All equipment and materials shall not be ordered ' or installed until such submitted equipment and materials have been approved. All items of technical data which is specifically identified in this specification, will be delivered strictly in accordance with the following requirements. All data ' delivered shall be identified by reference to the particular specification paragraph against which it is furnished. Data to be submitted shall be organized as described herein. Two copies of specified number of submittals shall be returned to the Contractor for record, unless otherwise noted herein. F. Catalog Cut Sheets Catalog Cut Sheets, for the following, shall be submitted for review: (1) Switchboard (2) MCC and components (3) Solid State Motor Controller ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-6 ELECTRICAL REPLACEMENTS 1 (4) Power monitor (5) Conduit (6) Fittings (7) Junction boxes (8) Conductors (9) Circuit breakers (10) Switches and contact blocks (11) Terminal blocks ' (12) Relays (13) PLC and MMI ' (14) Power supply/battery charger (15) Pressure transmitter and switch 13. Quality Assurance All materials and equipment shall be installed in accordance with printed recommendations of the manufacturer which have been approved by the Owner's Representative. The installation shall be accomplished by workmen skilled in this ' type of work and installation shall be coordinated in the field with other trades so that interference's are avoided. The Contractor shall provide adequate means for and shall fully protect all finished ' parts of the materials and equipment against damage from any cause during the progress of the work and until accepted by the Owner's Representative. 1 All materials and equipment, both in storage and during construction, shall be covered in such a manner that no finished surfaces will be damaged, marred, or splattered with water, foam,plaster, or paint, and all moving parts shall be kept clean and dry. The Contractor shall replace or have refinished by the manufacturer, all damaged materials or equipment, including faceplates of panels, at no expense to the Owner. ' The Contractor shall perform the tests described hereinafter and any other tests that may be required by the Owner's Representative or other authorities having jurisdictions. The entire electrical installation shall be tested, adjustments made, and defects corrected as an obligation under the work of this section. The Contractor shall furnish all necessary replacement parts and labor necessary due to damage resulting from damaged equipment or from test and correction of faulty installation. The following testing, as a minimum, shall be accomplished: i. Insulation resistance tests ' ii. Continuity test of all wiring iii. Test for proper grounding CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS -7 ELECTRICAL REPLACEMENTS iv. Test for short circuits in system After each electrical installation is complete, it shall be tested thoroughly to ' demonstrate that the entire system is in proper working order and in accordance with the Plans and Specifications. In no case shall the tests be less than those outlined hereinafter. All tests shall be conducted in the presence of the Owner's Representative and shall be subject to his approval. The Owner shall be notified three(3)calendar days prior ' to the date upon which the test is to take place, and no testing shall be started without the approval of the Owner's Representative. The project will be subject to continued inspection during construction. The Contractor shall cooperate with the Owner, Owner's Representative and shall provide assistance at all times for the inspection of the electrical work. He shall remove ' covers, operate machinery, or perform any reasonable work that, in the opinion of the Owner's Representative, will be necessary to determine the quality and adequacy of the work. The "Record Drawings" shall be subject to inspection at any time and shall ' be updated as the work progresses. 14. Cleanup Exposed parts shall be clean of all materials, and all oil and grease spots shall be removed with a non-flammable cleaning solvent. Such surfaces shall be carefully wiped and all cracks and corners scraped out. During the progress of the work,the Contractor shall clean up after his men and shall leave the premises and all portions of the site in which he is working free from debris ' and surplus materials. 15. Guaranty ' In addition to the requirements of the General Conditions, the Contractor shall guaranty his work against any defects in materials ad workmanship for a period of one year from the date of final inspection and acceptance. This guaranty shall be in written form and acceptable to the Owner's Representative to whom it shall be delivered before final acceptance and payment is made. Any latent defects in Contractor-furnished material or workmanship which are discovered during the time of this guaranty shall be repaired or replaced at no cost to the Owner. The Contractor shall respond in a professional manner to a notification of defect or failure. Services ' shall be performed within five (5) calendar days after notification by the Owner or within a time period as mutually agreed to by both parties. 1 16. Definitions The following are definitions of terms that may be used in this Section: 1 "AS DIRECTED": As directed by the Owner or Owner's Representative ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-8 ELECTRICAL REPLACEMENTS 1 "AS REOUIRED": As needed to obtain successful operation and conform to governing codes, regulations, safety requirements and the intent of the Contract Plans ' and these Specifications. "CONCEALED": Embedded in masonry or other construction, installed behind wall furring, within double partitions or hung ceilings, in trenches, underground or in drawl spaces. "CONTRACTOR": The general Contractor and his Subcontractors. ' "EXPOSED": Not installed underground or"CONCEALED"as defined above. "FURNISH" or"PROVIDE": To supply, install and connect complete and ready for ' safe and regular operation particular work referred to unless specifically indicated or specified otherwise. "INDICATED" or"SHOWN": As indicated or shown on Plans and/or in the ' Specifications. "INSTALL": To erect, mount and connect complete with all related accessories, ' wiring, conduit, etc., necessary and required. "MOUNT": To erect and connect complete with all related accessories. "NOTED": As indicated on Plans and/or specified. "SIMILAR" or"EQUAL": Equal in kind, materials, weight, design and efficiency of performance as approved by the Owner's Representative. ' "SUPPLY": To purchase, procure, acquire and deliver complete with all related accessories necessary or required. ' "WIRING": Conduit, fittings, wire,junction and outlet boxes, switches, cutouts and receptacles and all necessary or required in connection with or related thereto. ' "WORK": All labor, materials, wiring, equipment, apparatus controls, accessories, and other items customarily furnished and/or required for proper and complete installation. ' 17. Startup and Field Testing A. Testing ' (1) General The Contractor shall coordinate with the Owner and Owner's Representative ' and assist in performing start-up and field-testing. The Contractor shall be available for assisting in determining nature and extent of failures or ' problems encountered during the performance verifications. The Contractor shall be responsible for installing and terminating all conductors including all terminations at field devices; all modifications made ' to the Motor Control circuits. The Contractor shall notify, in writing, the Owner and Owner's Representative of the availability for testing each site at least 3 days prior to scheduled completion of site installation. CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS -9 ELECTRICAL REPLACEMENTS 1 ' (2) Test Procedures and Reports The Contractor shall prepare test procedures required to ensure that the system meets ' technical, operational, and performance specifications as defined within his Contract. System Check-Out and Startup Responsibilities ' The Contractor shall perform the following, as applicable: i. Check and approve the installation of all components and all cable and wiring connections between the various system components prior ' to placing the various processes and equipment into operation. ii. Test the installation in accordance with Part 3 - Execution. ' Contractor shall furnish Owner's Representative an installation inspection report certifying that all equipment has been installed correctly and is in compliance with the Contract documents. The report shall be signed by an authorized ' representative of the Contractor Performance Verification The Owner and/or the Owner's Representative will conduct a performance ' verification of the installed system. The Owner and/or the Owner's Representative shall notify the Contractor of any defects or failures discovered during the test and the Contractor shall respond to site within one (1) working day ' and shall verify that the problem or defect is related to his installation or components provided and installed by the Contractor, and shall correct the problem or replace the defect at no cost to the City. ' 18. Training ' A. General The Contractor shall conduct training for designated personnel in the maintenance and operation of the equipment as specified, including all specified hardware. ' 19. Equipment Delivery. Handling, and Storage Contractor shall make all arrangements for transportation, delivery, and storage of the ' equipment and materials in accordance with the requirements of the contract documents and equipment manufacturers. No equipment, such as field instruments, electronic field panels,and motor control equipment shall be shipped to the job site unless the Contractor is onsite to receive said equipment. The Contractor shall inspect all received equipment immediately when received and submit a complete list of the materials received and received condition of each item, with the Contractor's signature, to the Owner. The Owner shall be promptly notified upon receipt of equipment. Equipment shall be protected against impact, abrasion, corrosion, discoloration, and/or other damages. ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS -10 ELECTRICAL REPLACEMENTS ' All equipment shall be handled and stored in accordance with manufacturer's instructions and relevant organization standards. Equipment shall be protected from ' weather, moisture, and other conditions that could cause damage. Items which require a controlled environment for storage such as panels and microprocessor units shall be stored in a climate controlled warehouse or facility. ' 20. Demolition A. Survey the existing electrical systems and equipment identified for removal with representatives from the other trades prior to performing any demolition work. Identify all conduit and equipment to be removed with tags or paint. ' B. Where a piece of equipment is to be removed all associated ancillary components and associated wiring and conduit shall also be removed. C. Building or structures scheduled for complete demolition shall be made safe from ' electrical shock hazard prior to demolition. Disconnect all electrical power, communications, alarm and signal system. ' D. Equipment scheduled to be turned over to the Owner shall be carefully disconnected, removed and delivered to the Owner at the existing site. Provide labor, hoisting and transportation of the equipment to a site for storage as directed by the Owner. All other miscellaneous electrical materials, devices, etc, associated with the equipment being turned over shall be demolished and removed from the site. ' E. Remove electrical work associated with equipment scheduled for demolition except those portions indicated to remain or be reused. ' F. Remove unused exposed conduit back to point of concealment including abandoned conduit above accessible ceiling finishes. Remove unused wiring in concealed conduits back to source (or nearest point of usage). ' G. Disconnect abandoned outlets and remove devices. Remove abandoned outlets if conduit servicing them is abandoned and removed. Provide blank covers for ' abandoned outlets which are not removed. H. Disconnect and remove abandoned panelboards, disconnect switches, control ' stations, distribution equipment, etc. I. Disconnect and remove abandoned luminaries. Remove brackets, stems, hangers and other accessories. ' J. Repair adjacent construction and finishes damaged during demolition and extension work. K. Where electrical systems pass through the demolition areas to serve other portions of the premises, they shall remain or be suitably relocated and the system restored to normal operation. 1 ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-11 ELECTRICAL REPLACEMENTS ' L. Coordinate outages in systems with the Owner. Where duration of proposed outage cannot be allowed by the Owner, provide temporary connections as required to maintain service. M. Removal and relocation of existing conduit, wire and equipment have not been detailed on the Drawings. Survey the affected areas before submitting bid ' proposal. N. Trace out existing wiring that is to be relocated, or removed and perform the relocation or removal work as required for a complete operating and safe system. O. Continuous service is required on all circuits and outlets affected by these ' changes, except where the Owner will permit an outage for a specific time. Obtain Owner's consent before removing any circuit from continuous service. P. Remove exposed conduits, wireways, outlet boxes, pull boxes and hangers made ' obsolete by the alterations, unless specifically designated to remain. Patch surfaces and provide blank covers for abandoned outlets, which are removed. ' Q. All equipment, materials, controls, motor starters, branch and feeder breakers, panelboards, transformers, wiring, raceways, etc, furnished and installed to temporarily keep circuits energized shall be removed when the permanent ' installation is fully operational. 21. Disposition of Removed Materials and Equipment A. In general, it is intended that material and equipment indicated to be removed and disposed of by the Contractor shall, upon removal, become the Contractor's property and shall be disposed of off the site by the Contractor, unless otherwise ' directed by the Owner. A receipt showing acceptable disposal of any legally regulated materials or equipment shall be given to the Owner. ' B. PCBs and PCB contaminated equipment shall be removed,packaged, shipped and disposed of in accordance with all State and Federal regulations. Obtain the services of a firm licensed and regularly engaged in the removal of PCBs and PCB contaminated equipment. The firm shall be licensed in the State or States in which the contaminated material is handled, shipped and disposed. Pay all fees associated with the removal of the contaminated material and equipment and ' provide documentation showing acceptable disposal. C. Should the Contractor discover PCB contaminated equipment that was not identified, they shall cease work on or about the equipment and notify the Engineer immediately. The Contractor shall then proceed with the work as directed by the Engineer. ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-12 ELECTRICAL REPLACEMENTS PART 2 - MATERIALS 1. General Except as may be specifically indicated otherwise, materials furnished under this Section shall be new and in accordance with industry standards and as herein t specified. Equipment used for the same purpose shall be of the same make. Outdoor equipment, fixtures and wiring devices shall be of approved weatherproof construction or shall be in weatherproof enclosure or as noted in the plans. A. Standard Products Materials and equipment submitted for approval shall be the cataloged products of ' companies regularly engaged in the manufacture of such items, shall be the latest standard design that conforms to the Specification requirements and shall essentially duplicate material and equipment that has been in satisfactory use for at least 2 years. Replacement parts shall be stocked locally within a radius of two hundred (200) miles from jobsite. B. Approved Manufacturers Wherever on the plans or in the Specifications, materials or equipment are ' identified by the names of one or more manufacturers, it is intended only to indicate an acceptable standard for quality. Equal materials or equipment of other manufacturers may be submitted for consideration by the Owner's Representative ' as herein before specified. 2. Power Distribution ' The Pull/Meter Section shall UL Listed and comply with Electric Utility Service Equipment Requirements Committee(EUSERC) standards used by the local electrical Utility. A Utility approved pull section shall be supplied for entrance for ' the 480 volt cables from the utility supply transformer. This section shall be a dead front section containing a 480 volt, 3 phase, 4 wire service. Termination lugs shall be provided by the MCC manufacturer. Termination shall be as required. ' Metering section shall comply with Electricity Utility Service Equipment Requirements Committee (EUSERC) standards used by SDG&E for a 480 volt, 3 phase, 4 wire service. MCC Manufacturer's Shop Drawings shall be submitted for Utility approval prior to fabrication. There shall be 3 copies of the MCC Manufacturer's Shop Drawings submitted to the serving utility for approval. ' The unit shall have a common grounding bus of adequate cross sectional area to ensure sound electrical continuity. The ground bus and ground cable connections ' shall be readily accessible in the cable compartment. The Main feeder and shall be supplied and sized as indicated within the contract plans. ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-13 ELECTRICAL REPLACEMENTS ' The Main Breaker shall be a molded case, 200 ampere, 480 volt, 3 pole GFI type with a minimum short circuit rating of 65,000 RMS symmetrical amperes. Assembly shall be complete with ground fault sensor connected to trip the main breaker. Circuit Breakers larger than 400 amps shall be provided with independently adjustable Long Time Setting, Long Time Delay, Short Time Setting, Short Time Delay and Instantaneous settings for coordination with both upstream and downstream protective devices. ' The bus transition section shall provide adequate space for the 480 volt bus to convert position from the bottom of the panel to the top of the panel. The station service bus shall be braced for a minimum of 42,000 amps symmetrical or as specified on the data ' sheet or one-line diagram. The bus and supports shall be rated to withstand the short circuit current without damage to insulator and support system. All wiring in this and any other section shall be neatly arranged and securely clamped, to prevent movement, breaking, and protected against contact with any sharp edges. Wiring clamps, supports, or other means, at hinge transition points, shall be furnished ' to prevent chafing due to doors being opened or closed. Metal clamps, if used, shall be equipped with insulating inserts between wiring cables and clamps. The following equipment shall be mounted in separate compartments and isolated ' from each other: A. The power distribution transformer shall be equivalent to Sorgel Electric Division, ' Square D company "Quiet Quality", General Electric Company "QHT," or approved equal. Transformer shall be mounted as recommended by the manufacturer. The primary winding of the transformer shall be rated as shown on ' the Contract drawings, 480 volts, 1-phase as indicated. The secondary winding of the transformer shall be 120/240 volts, 1-phase. A primary circuit breaker and secondary circuit breaker of the sizes indicated shall be furnished and installed. Transformer insulation shall conform to NEMA TRI, Class B or Class H insulation systems. The transformer shall be UL listed and labeled. ' B. A three-phase power monitor shall be provided to monitor phase failure, phase loss,phase imbalance overvoltage and undervoltage conditions. Trip parameters shall be user adjustable and provide positive indication of a fault. The power ' monitor shall be supplied with two NO/NC DPDT contacts for interfacing with the PLC and motor control circuits. The monitor shall be mounted on the front panel. The power monitor compartment shall contain the disconnect with a front ' panel handle lockable in the off position. The power monitor shall be Multilin, model PQM, or approved equal. ' C. A lighting and power panel board shall be provided in the MCC and configured as within the contract plans. The panelboard shall be flush mounted within in motor control center. Panelboard shall be a NEMA PB 1, Type 1 enclosure, front cover with a door. The panelboard finish shall match the finish of motor control center. The ground and neutral buses of panelboard shall be copper, with minimum ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS -14 ELECTRICAL REPLACEMENTS ' interruptible short circuit rating of 10,000 amperes RMS symmetrical for 120/240 Volts AC. ' D. Molded Case Circuit Breakers: NEMA AB 1 FS W-C-375; bolt-on type thermal magnetic trip circuit breakers, with common trip handle for all poles. Provide circuit breakers UL listed as Type SWD for lighting circuits. Provide UL Class A ' ground fault interrupter circuit breakers where scheduled. E. Surge protection devices are to be used for the protection of all AC electrical circuits from the effects of lightning induced currents, substation switching transients and internally generated transients resulting from inductive and/or capacitive load switching. The surge protectors shall be tested in accordance with the requirements of ANSUIEEE C62.41 standards for Categories A, B, and C environments and shall be a UL 1449 listed component. F. The surge protection device shall be sized for voltage and phase requirements listed on the contract plans and shall provide independent phase-phase, phase- neutral, and neutral-ground surge protection. Surge protection shall be installed at ' the locations shown on the contract plans. Surge protection components shall be as manufactured by Leviton, Hubbell or Liebert. ' 3. Motor Control Center The Contractor shall furnish and install the motor control centers as specified herein and as shown on the contract drawings. The Motor Control Centers and all ' components shall be designed, manufactured and tested in accordance with the latest applicable standards of NEMA, ANSI and UL 845. The MCC and Service Entrance shall be 600-volt class suitable for operation on a three-phase, 60-hertz system. The ' system operating voltage and number of wires shall be as indicated on the drawings. A. Motor Control Center(s) shall be supplied in accordance with the contract single line and elevation drawings. MCC line up including Service Entrance Equipment and Control Section shall be housed in NEMA 12 structure. MCC and ' Distribution Busses shall be braced for 65,000 amperes RMS symmetrical. B. Structures shall be totally enclosed deadfront, free-standing assemblies. They shall be 90 inches high and 21 inches deep for front-mounted units. Structures ' shall contain a horizontal wireway at the top, isolated from the horizontal bus and shall be readily accessible through a hinged cover. Adequate space for conduit and wiring to enter the top or bottom shall be provided without structural ' interference. C. Compartments for mounting control units shall be incrementally arranged such ' that not more than six (6) size 1 starters for front mounted only can be mounted within each vertical structure. Guide rails shall be provided. D. A vertical wireway with minimum of 35 square inches of cross sectional area shall ' be adjacent to each vertical unit and shall be covered by a hinged door. Wireways shall contain steel rod cable supports. ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-15 ELECTRICAL REPLACEMENTS ' E. All full voltage starter units through NEMA Size 5 shall be of the drawout type. Draw-out provisions shall include a positive guide rail system and stab shrouds to ' absolutely ensure alignment of stabs with the vertical bus. Draw-out units shall have a tin-plated stab assembly for connection to the vertical bus. No wiring to these stabs shall extend into the bus compartment. Interior of all units shall be ' painted white for increased visibility. Units shall be equipped with side-mounted, positive latch pull-apart type control terminal blocks rated 600-volts. Knockouts shall be provided for the addition of future terminal blocks. In addition, a master ' terminal block, when Type C wiring is specified, shall be drawout and shall be located in the bottom wireway, readily accessible through a hinged cover. All control wire to be 14 gauge minimum. F. All drawout units shall be secured by a spring-loaded quarter turn indicating type fastening device located at the top front of the unit. Each unit compartment shall be provided with an individual front door. G. An operating mechanism shall be mounted on the primary disconnect of each starter unit. It shall be mechanically interlocked with the unit door to prevent ' access unless the disconnect is in the OFF position. A defeater shall be provided to bypass this interlock. With the door open, an interlock shall be provided to prevent inadvertent closing of the disconnect. A second interlock shall be ' provided to prevent removal or re-insertion of the unit while in the ON position. Padlocking facilities shall be provided to positively lock the disconnect in the ' OFF position with from one (1) to three (3) padlocks with the door open or closed. In addition, means shall be provided to padlock the unit in a partially withdrawn position with the stabs free of the vertical bus. H. Each structure shall contain a main horizontal copper tin-plated bus, with minimum ampacity of 600 amperes. The horizontal bus shall be rated at 50 degrees C temperature rise over a 40 degree C ambient in compliance with UL standards. Vertical busses feeding unit compartments shall be copper and shall be securely bolted to the horizontal main bus. All joints shall be front accessible for ease of maintenance. The vertical bus shall have a minimum rating of 300 ' amperes for front mounted units. I. Isolation of the vertical bus compartment from the unit compartment shall be by ' means of a full height insulating barrier. This barrier shall be a single sheet of glass reinforced polyester with cutouts to allow the unit stabs to engage the vertical bus. Provide snap-in covers for all unused openings. J. Combination starter units shall be full-voltage non-reversing, unless otherwise shown, and shall utilize type MCP Motor Circuit Protectors. ' (1) Each combination unit shall be rated 65,000 AIC symmetrical at 480V. The MCP shall provide adjustable magnetic protection and be provided with pin insert to stop magnetic adjustment at 1300% motor nameplate full load ' current to comply with NEC requirements. All HMCP combination starter units shall have a "tripped" position on the unit disconnect and a push-to-test ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-16 ELECTRICAL REPLACEMENTS ' button on the MCP. Type MCP motor circuit protectors shall include transient override feature for motor inrush current. (2) Each starter compartment shall be equipped with a fused control power transformer, two indicating lights, HOA selector switch, and two NO contacts, unless otherwise indicated on the drawings. Device panel to have ' space to accommodate six oil-tight pilot-control devices or indicating ammeters, voltmeters, or elapsed time meters. ' (3) Motor starters shall be electrically operated, electrically held, three-pole assemblies with arc extinguishing characteristics and shall have silver-to- silver renewable contacts. They shall have provisions for a total of eight(8) ' NO or eight (8)NC auxiliary contacts. The overload relay assembly shall be of the thermal bimetallic ambient compensated type. Overload relays shall be reset from outside the enclosure by means of an insulated button. The ' overload relay shall have a built-in push-to-test button, electrically isolated NO-NC contacts and single phase sensitivity delay. ' K. The Motor Control and Control sections shall be environmentally controlled with the use of exhaust fans and space heaters. 4. Cabinets and Panel Equipment A. Pro arammable Controller Cabinets t The programmable controller shall be mounted in a floor standing NEMA 12 custom control enclosure, sized to match the height and depth of the MCC line- up. The PLC control panel shall be an integral part of the MCC lineup,pre-wired ' and tested at the factory. The access door shall have continuous hinges with neoprene gaskets and three-point keylock handle. The cabinet shall be constructed from formed 12-gauge steel minimum. All exposed edges and welds on the enclosure shall be ground smooth. Refer to the drawings for minimum enclosure size and installation details. ' The exterior of the enclosure shall be painted to match the MCC line-up painted with a rust-inhibiting primer and two coats of epoxy paint. The interior shall be provided with a formed 12-gauge steel sub-panel for ' attaching surface-mounted components. All components shall be attached with screws and the sub-panel threaded. Rivets or back of panel nuts shall not be allowed. The interior shall be painted with two coats of white paint. The programmable controller cabinet indicators and hand switches shall be arranged in accordance with the details provided in the drawings. ' Each cabinet interior shall be equipped with a fluorescent lamp, 120-volt, one 20- ampere quad outlet minimum, and two single pole 120-volt, 20-ampere circuit breakers minimum. One circuit breaker shall be for the internal panel power. The ' other circuit breaker shall be to power the PLC, instrumentation. Enclosure shall be as manufactured by Hoffman or approved equal. t CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-17 ELECTRICAL REPLACEMENTS 1 B. Panel Control Circuit Devices and Components (1) General ' All components, except those mounted on the cabinet door, shall be mounted behind on fixed or swing-out panels. Terminal blocks for field connections ' shall be mounted on fixed channels located near the bottom of the cabinet but clear of the conduit entry area. Fixed panels shall be located so as not to prevent access within the cabinets to other components, wiring, and ' terminals (2) Control Relays and Timers ' Control relays and timers shall have either 24-volt d-c or 120-volt a-c coils and have form C contacts (a normally open and normally closed contact). Control relays and timers shall be 10-ampere, 300-volt, pin or blade style, ' plug-in type with dust cover, LED "on" and applicable "timeout" indication, and sockets. All relays shall be provided with a minimum of one spare contact. Timers shall be adjustable with indication of the full time range and ' of the time setting. Relays and Timers shall be as manufactured by Idec,timers type RTE or ' equal. (3) Circuit Breakers ' Circuit breakers shall be single-pole, 120-volt, 20-ampere minimum rating. (4) Wire Marking Each signal and circuit conductor connected to a given electrical point shall be designated by a single unique number which shall be shown on all shop drawings. The numbers shall be marked on all conductors at every terminal ' using Raychem Shrinkmark heat shrinkable printer identification sleeve or equal. Self-laminated markers shall not be used. (5) Terminal Blocks ' Terminal blocks shall be high-density type molded plastic with barriers and box lug terminals and shall be rated 25 amperes at 300 volts. Provide a ' minimum of 10% spare terminals. White marking strips, fastened securely to the molded sections shall be provided with printed wire numbers or circuit identifications. Terminal ' block manufacturer shall be Phoenix Contact with mounting rack or equal. (6) D-C Power Supplies ' Provide d-c power supplies as required for analog loops and d-c circuits. Each power supply shall be enclosed and include internal short-circuit ' protection. Current requirements shall not exceed 75% of manufacturer maximum rating. (7) Receptacles ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-18 ELECTRICAL REPLACEMENTS 1 ' Duplex receptacles shall be molded composition, ivory(utility power) or orange (UPS power) with matching colored covers, specification grade. ' Duplex receptacles for 120-volt, single-phase, 3-wire service to be rated 20 amperes, 125 volts, back or side wired,NEMA Type 5-20R. Arrow-Hart No. 6739-I, Bryant No. 53624, Hubbell No. 5362-I, or equal. (8) Nameplates Nameplates for panel mounted devices shall be laminated plastic, black on ' white, with engraving through the black surface to form 3/16-inch high white letters. Relays and other devices mounted inside the control panels shall be identified with permanent nonferrous metal tags. All tags shall match device ' numbers shown on all shop and as-built drawings. (9) Corrosion Inhibitor ' All panels shall be protected from internal corrosion by the use of corrosion- inhibiting vapor capsules and shall be manufactured by Northern Instruments Model Zerust VC, Hoffman Engineering Model A-HCI, or equal. ' C. Panel Control Circuit Wiring (1) Wire Type and Size ' Instrumentation signal cables shall be of the type used for process control with shielded pairs or triads with polyvinyl jacket and overall shield over the ' multiple pairs or triads. The instrumentation cable shall be rated 300 volts at 90 C or better. The size of the instrumentation cable shall be AWG No. 18 minimum, unless otherwise specified elsewhere. All instrumentation cables ' shall meet all the requirements of IPCEA S-61-402 and shall be UL listed. Control wiring shall be AWG No. 14 THHN. Inner panel control wiring may be AWG No. 14 MTW. Main power (120-volt a-c)to the panels and ' inner panel utility shall be wired using color coded AWG No. 12 THHN. A- C power to all system power supplies, CRTs,printer, and disk drives, shall ' be accomplished using molded 3-wire plug cords. Wires shall be color coded in accordance with the following table: Black Ll (hot) ' White L2 (neutral) Red a-c control circuits Blue d-c circuits Yellow Interlock control circuits, Foreign Voltage Green Equipment ground All interfacing between the cabinets and the field shall be accomplished at a ' terminal strip(TB). No internal panel wiring shall be connected to terminals on the "field side" of TB. Likewise, no field wiring shall be connected to terminals on the "panel side" of TB. ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS -19 ELECTRICAL REPLACEMENTS ' Precision(1%) 250-ohm resistors shall be installed at the field wiring terminal strip; each incoming analog signal shall be converted to a voltage ' signal (1 to 5 volt d-c) where required. Wiring run from components on a swing-out panel to other components on a fixed panel shall be made up in tied bundles. These shall be tied with nylon ' wire ties and shall be secured to panels at both sides of the "hinge loop" so that conductors are not strained at terminals. ' Wiring run to control devices on the front panels shall be tied together at short intervals and secured to the inside face of the panel using Panduit adhesive mounts with Eastman No. 910 adhesive. Wiring to rear terminals ' on panel-mount instruments shall be run in plastic wireways secured to horizontal brackets run above or below the instruments in about the same plane as the rear of the instruments. ' Conformance to the above wiring installation requirements shall be reflected by details shown on the shop drawings for the Owner's Representative ' review. Signal conditioners and control interface relays shall be provided wherever proper instrument interfacing dictates use of these components. Each ' auxiliary device shall be assigned a tag number and shall appear on the panel shop loop drawings. ' All electrical devices within the panel shall be identified by tag number, machine printed on a label visible from the panel interior. Labels shall be laminated plastic with an adhesive backing. The labels shall be consistent in ' size throughout the panel. When input connections are made to existing circuits, the Contractor shall verify the control voltage. Provide power for the existing circuits compatible ' with the existing controls for dry contact inputs, powered outputs, and analog circuits as required. ' D. Operator Controls and Indicators (1) General ' All electrical materials and equipment shall be new and shall bear the label of the Underwriters' Laboratory(UL), Inc., Factory Mutual (FM) or equivalent where standards have been established and label service regularly ' applies. Operator controls and indicators (switches, push-buttons, pilot lights) shall be 30.5 mm,NEMA type 3, 3R, 4, 4X rated. Pushbuttons, selector switches, and indicating lights shall be heavy-duty oil tight, manufactured to the requirements of NEMA ICS. ' (2) Indicating Lights Indicating lights shall be full voltage LED push-to-test. ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-20 ELECTRICAL REPLACEMENTS ' (3) Hand Switches and Push Buttons Unless noted otherwise, pushbuttons shall be momentary contact and shall ' have the number and type of contacts as indicated or as required. One spare NO and NC contact shall be provided for each pushbutton. ' Unless noted otherwise, selector switches shall be maintained contact, shall have the number of positions indicated, and shall have the number and type of contacts as indicated or as required. One NO spare contact shall be provided for each switch. Replacement hand switches shall match existing manufacturer type and size, and meet the functions noted on the Plan Drawings. ' (4) Pushbuttons, selector switches, and indicating lights shall be Allen-Bradley Bulletin 800T; Westinghouse Industrial Type PB or equal. ' 5. Solid State Motor Controller The solid-state reduced-voltage starter shall be UL and CSA listed. The solid-state ' reduced-voltage starter shall be an integrated unit with power SCRs, logic board, paralleling bypass contactor, and electronic overload relay enclosed in a single molded housing. The SCR-based power section shall consist of six (6) back-to-back SCRs and shall be rated for a minimum peak inverse voltage rating of 1500 volts PIV. Units using triacs ' or SCR/diode combinations shall not be acceptable. Resistor/capacitor snubber networks shall be used to prevent false firing of SCRs due to dV/dT effects. ' The logic board shall be mounted for ease of testing, service and replacement. It shall have quick disconnect plug-in connectors for current transformer inputs, line and load voltage inputs and SCR gate firing output circuits. The logic board shall be identical ' for all ampere ratings and voltage classes and shall be conformally coated to protect environmental concerns. The paralleling run bypass contactor shall energize when the motor reaches 90 of full ' speed and close/open under one (1)times motor current. The paralleling run bypass contactor shall utilize an intelligent coil controller to limit contact bounce and optimize coil voltage during varying system conditions. The coil shall have a lifetime ' warranty. Starter shall be provided with electronic overload protection as standard and shall be based on inverse time-current algorithm. Overload protection shall be capable of being disabled during ramp start for long acceleration loads via a DIP switch setting on the device keypad. Overload protection shall be adjusted via the device keypad ' and shall have a motor full load ampere adjustment from 30 to 100% of the maximum continuous ampere rating of the starter. Starter shall have selectable overload class setting of 5, 10, 20 or 30 via a DIP switch setting on the device keypad. ' Starter shall be capable of either an electronic or mechanical reset after a fault. Units using bimetal overload relays are not acceptable. ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-21 ELECTRICAL REPLACEMENTS ' Overtemperature protection(on heat sink) shall be standard. Starters shall provide protection against improper line-side phase rotation as standard. ' Starter will shut down if a line-side phase rotation other than A-B-C exists. This feature can be disabled via a DIP switch on the device keypad. ' Starters shall provide protection against a phase loss or unbalance condition as standard. Starter will shut down if a 50% current differential between any two phases is encountered. This feature can be disabled via a DIP switch on the device keypad. ' Start shall provide protection against a motor stall condition as standard. This feature can be disabled via a DIP switch on the device keypad. Starter shall provide protection against a motor jam condition as standard. This feature can be disabled via ' a DIP switch on the device keypad. Starter shall be provided with a Form C normally open (NO), normally closed (NC) ' contact that shall change state when a fault condition exists. Contacts shall be rated 60 VA(resistive load) and 20 VA (inductive load). In addition, an LED display on the device keypad shall indicate type of fault (Overtemperature, Phase Loss, Jam, Stall, Phase Reversal and Overload). The following control function adjustments on the device keypad are required: ' i. Selectable Torque Ramp Start or Current Limit Start ii. Adjustable Kick Start Time: 0-2 seconds ' iii. Adjustable Kick Start Torque: 0-85% iv. Adjustable Ramp Start Time: 0.5-180 seconds ' V. Adjustable Initial Starting Ramp Torque: 0-85% vi. Adjustable Smooth Stop Ramp Time: 0-60 seconds. Maximum continuous operation shall be at 115% of continuous ampere rating. Controller shall be Cutler-Hammer, type S801, or approved equal. ' 6. Pressure Transmitter Pressure transmitters shall be two wire devices with continuously adjustable span, zero ' and damping adjustments, integral indicators scaled in engineering units, solid state circuitry, 4-20 mA output and with integral display. Accuracy shall be plus or minus 0.25 percent of calibrated span. Process wetted and body materials shall be 316 SS. ' Process connections shall be ''/2-inch NPT. Pressure transmitters shall be Rosemount 3051 C, or approved equal. 7. Pressure Switch ' The pressure switch shall be bourdon tube activated with a visible adjustable trip setting with fixed deadband for snap-action switch. The switch range shall be as ' indicated on the Contract Drawings and have a temperature rating of 20 degress to 120 degrees F. The pressure switch shall be weather proof and high discharge ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS -22 ELECTRICAL REPLACEMENTS ' pressure applications. The pressure switch manufacture shall be Mercoid, model DS- 7231-153, Ashcroft or equal. 8. Pulsation Dampener TypeThe pulsation dampener shall be a precision valve with a long taper on the plug, ' which permits adjustment of the dampening effect. A filter built into the valve shall prevent foreign matter from plugging the fine orifice. ' The pulsation dampener shall have 1/4 NPT process connections. Material shall be stainless steel. Adjustment shall be made with a hand wheel with multiple turns. The pulsation dampener shall be Murphy model No. PD8185, or approved equal. 9. Process Tubing ' Process tubing shall be Polytube. Tubing shall be 3/8 inch O.D. All fittings and connections shall be threaded. ' 10. Conduit Rigid metal conduit shall be in accordance with ANSI C80.01 and shall be hot dipped galvanized. ' Electric metallic tubing shall not be used. Flexible metal conduit shall not be used. ' Liquid tight flexible metal conduits shall be constructed of galvanized interlocking steel strips with a smooth moisture and oil-proof, abrasive-resistant neoprene jacket. ' Nonmetallic conduit shall be Type II, Schedule 40 polyvinyl chloride rated for 90 degrees C. I Jacketed steel conduits shall conform to Federal specification WW-C581-d, ANI rigid steel conduit specification C80.1 and to UL specification UL-6. The zinc surface inside and outside shall remain intact. A 40 mil thickness PVC coating shall be ' bonded to the outside of the conduit. A PVC coated coupling shall be furnished with each length of conduit. A PVC sleeve equal to the outside diameter of the conduit shall extend 1'/2-inches from each end of the coupling. ' 11. Conduit Fittings, Outlet and Pullboxes Conduit fittings shall be cast or malleable of a non-ferrous metal. ' Jacketed fitting shall have a 40 mil thickness PVC coating bonded to the outside body of the fitting. A PVC sleeve equal to the trade diameter of the conduit opening shall ' extend 11'/2-inches beyond each threaded opening. Expansion joints shall be OZ type "AX", Crouse-Hinds type "XJ", or equal and shall ' be complete with bonding jumper. Flashing for conduits through roof shall be Stonemen Strometile No. S 10-4, Semco, or equal. CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-23 ELECTRICAL REPLACEMENTS ' Outlet boxes shall be galvanized or sheadized, one piece pressed steel, knockout type. Weatherproof outlet boxes shall be cast of non-ferrous metal with threaded conduit ' entry and gasketed covers FS or FD type. Generator Connection boxes and transfer switch enclosures shall be NEMA 3R sized ' for the equipment to be housed and shown on the drawings. Enclosures shall be compatible with transfer switch equipment as determined by the Owner's Representative. Enclosures shall be painted with two (2) coats of primer and one (1) ' finished coat of light gray enamel, ANSI No. 61. Insulated bushings shall be malleable iron with insulating bushing and ground lug. ' Conduit hubs shall be Appleton type HUB, Myers "Scru-tite"or equal. Explosion-proof fitting shall be approved for the area classification and shall be as manufactured by Crouse-Hinds, Appleton or equal. ' Explosion-proof seals shall be Crouse-Hinds type "Eys", Appleton, or equal. Sealing bushings shall be provided on the ends of Exterior underground conduits that terminate at indoor equipment. The bushing shall consist of a neoprene sealing ring secured between two compressing metal plates. When the conduit sealing bushing is in place it shall effectively form a watertight seal at the conduit ends. Wall and floor seals shall be provided to completely seal the areas around conduits that pass through concrete or block walls and floors. Seals shall be furnished with an ' outer sleeve body enclosing a neoprene grommet compressed between two pressure rings tightening the rings. Provide a watertight seal on the outer surface of the entering conduits. ' Pullboxes shall be code gauge steel with removable covers secured with machine screws. The pullbox shall be painted with two (2) coats of primer and one (1) ' finished coat of light gray enamel, ANSI No. 61. Pullboxes shall meet all code requirements as to size for number and size of conduits terminating. Weatherproof pull boxes shall be hot dip galvanized with two (2) coats of primer ' paint and one (1) coat of enamel, ANSI No. 61 Grey. Covers shall be gasketed and made boxes completely watertight. ' 12. Undereround Pullboxes and Manholes Pullboxes and manholes shall be precast type designed and manufactured for heavy ' traffic loading with heavy duty, cast iron,traffic type covers. Pullboxes for utility conduits shall be as required by the serving utility. All pullboxes shall have bolt-down covers complete with fiber gaskets for a weathertight fit. All joints between precast sections shall be sealed. Box and manhole covers shall be permanently identified as follows: Telephone service -"T" CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-24 ELECTRICAL REPLACEMENTS ' Electrical Systems 600 volts and less- "E" Electrical Systems above 600 volts -"High Voltage" 13. Wire and Cable A. 600 Volt Conductors All conductors shall be stranded, soft-drawn copper, 97% conductivity minimum. ' All conductors No. 6 and smaller shall be type "THHW" 600 volt insulation unless otherwise noted on drawings. All conductors No. 4 and larger shall be stranded. ' Conductors from transfer switch to generator connection terminals shall be type RHW-2 rated at 90 deg. C. Control wiring shall be No. 14 AWG stranded with type "THWN" 600 volt insulation or as noted on the Plans. ' 14. Proarammable Logic Controller A. General The Contractor shall furnish, install,program, test, calibrate, fully configure and place into operation Programmable Logic Controller(PLC) as specified herein. The Contractor shall provide specified PLC, as standardized by the Owner, to ' match existing equipment. The Contractor shall furnish the PLC panel and field instrumentation configured ' as a distributed processing network of control and monitoring functions as shown on the P&ID and described in the control descriptions in Part 4 SYSTEM CONTROL DESCRIPTIONS. The PLC shall be provided with all of the ' functions described in this section. Distributed PLC panel, housing the PLC, shall manage all control and monitoring functions as specified. Sensed data shall be obtained by the PLC, using instruments and controls interfaced to mechanical, ' utility systems, and other systems as shown and specified. Every connected analog output(AO), analog input(AI), digital output(DO), digital input(DI), pulse accumulator(PA) input and all other input and output devices and ' calculated software values in the system shall represent a"point' where referred to in this specification. All control and monitoring installations shall be connected to the system as specified. The Contractor shall provide all hardware configured and sized to support all functions, including future expansion. The Contractor shall furnish all necessary interconnecting cables, all accessories, ' and all appurtenances as indicated herein or as required for proper operation of the system. All major components of the system shall be of the same manufacturer. All equipment shall be capable of tolerating and capable of riding through a power ' interruption of 8 milliseconds or less without interruption of normal operation. B. Construction ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-25 ELECTRICAL REPLACEMENTS rThe PLC central processing unit (CPU) shall be of solid-state design. All CPU operating logic shall be contained on plug-in modules for quick replacement. Chassis wired logic is not acceptable. The controller shall be capable of operating in a hostile industrial environment (i.e., heat, electrical transients, RFI,vibration, etc.) without fans, air conditioning, or electrical filtering (up to 60 degrees C and 95 percent humidity). C. Design The PLC shall be furnished with 1/0 (input/output) modules suitable for the interface with the new and existing field devices. The I/O's shall be 4-20 mA signals for analog inputs and analog outputs and shall be 24 VDC and/or 120 VAC signals for discrete inputs and discrete outputs. The PLC shall provide internal fault analysis with a fail-safe mode and a dry contact output for remote location alarming, and a local indicator on the PLC frame in the event of a fault in ' the PLC. D. Central Processor 1 The central processor shall contain all the relays, timers, counters, number storage registers, shift registers, sequencers, arithmetic capability, and comparators necessary to perform the specified control functions. It shall be capable of interfacing sufficient discrete inputs, analog inputs, discrete outputs, and analog outputs to meet the specified requirements plus an additional 25 percent excess capacity. The power supply shall contain capacitors to provide orderly shutdown in the event incoming power does not meet specifications. If this occurs, the processor shall cease operation, forcing all outputs off. The processor shall have a key type memory protect switch to prevent unauthorized program changes. The central processor shall be 32-bit. E. Memory The programmable controller memory shall be Complementary Metal Oxide Semi-conductor(CMOS)based memory with battery backup or Erasable ' Programmable Read-Only Memory(EPROM) based memory. The CMOS memory shall be a minimum of 32K with sufficient battery backup to retain the program during power interruptions of up to 1 year. An indicator shall show the ' status of the batteries. A reference shall be available through the discrete outputs to alarm the operator that the batteries should be changed. The PLC shall be supplied with sufficient memory to implement the specified control function plus a reserve capacity of 25 percent of the total provided. This reserve capacity shall be totally free from any system use. The memory shall be 1 programmed in a multi-node configuration with multiple series or parallel contacts, counters,timers, and arithmetic functions. F. Controller 1 The controller shall be programmed in "ladder diagram" language. It shall be easily reprogrammed with a portable programming unit. Two documented copies CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-26 ELECTRICAL REPLACEMENTS of the operating program shall be furnished which shall allow direct, step-by-step, reloading of the system program. Media copies of this program shall be furnished ' compatible with Pro Worx Nxt. It shall be capable of a mix of logic, timing, counting, computation, library of preprogrammed subroutines, and PID loop control capabilities necessary for the unit process application. The PLC shall ' utilize a "prepackaged/preprogrammed" approach to functionality to allow its use by personnel who have no formal training in digital equipment, digital communications, or software programming. G. Power Supply The PLC power supply shall operate at the following: i. 120V ac RMS plus or minus 15 percent continuously. ii. 120V ac RMS plus or minus 30 percent maximum 30 seconds. ' iii. 120V ac RMS plus or minus 100 percent maximum milliseconds. Line spikes at 1000V ac (5000 micro-seconds duration; 0.05 percent maximum ' duty cycle). H. Ratings and Specifications ' The PLC and associated hardware shall have the following ratings: i. Operating Temperature 0°C to 60°C ii. Humidity 5% to 95%relative (noncondensing) The PLC shall meet the following specifications: i. Operating Voltage 24 volts DC ii. Maximum Scan Time 5.0 ms per 1 K of ladder logic The PLC shall be Modicon PC-E984-258. I. Input/output Modules t All 1/0 housings and 1/0 modules shall be of rugged construction with modules in place. Sufficient input and sufficient output modules shall be provided with the PLC to implement the specified control functions plus a reserve capacity of 25 ' percent of the total provided. PLC chassis shall be sized to accommodate the PLC 1/0 specified plus additional slots for expansion. 1/0 modules shall be the type shown on the drawings. (1) Discrete Input Modules: Defined as dry contact closure inputs from devices external to the programmable logic controller module. Input modules shall be shielded from short time constant noise and 60-Hz pickup. Individual inputs shall be optically isolated for low energy common mode transients to 1500 volts peak from user's wiring or other 1/0 Modules. The modules shall ' have LED lights to indicate individual discrete input status. Discrete input module shall be AS-BDEP-216. CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-27 ELECTRICAL REPLACEMENTS II (2) Discrete Output Modules: Defined as contact closure outputs for ON/OFF operation of devices external to the programmable logic controller module. ' The output modules shall be fused (typically 5-amp at 115V ac) with blown fuse indicator lights. The output modules shall be optically isolated from inductively generated, normal mode and low energy, common mode transients to 1500 volt peak. All output modules shall have LED lights to indicate that the controller has cycled the output ON. Discrete output module shall be AS-BDAP-208. ' (3) Analog Input Modules: Defined as analog inputs for 1 to 5 VDC or 4 to 20 mA do signals, where an analog to digital conversion is performed and the ' digital result is entered into the processor. New inputs shall be provided for every scan. Analog inputs shall utilize 14 bit resolution with a digital filter that is user adjustable. A unique filter value shall be tunable on a channel- , by-channel basis. The analog input module shall be AS-BADU-206. (4) Analog Output Modules: Defined as analog output for 1 to 5 VDC or 4 20 mA do signals, where a digital to analog conversion is performed and the ' analog result is produced as an output. New outputs shall be produced on every scan. Analog outputs shall utilize 14 bit resolution minimum. The analog output module shall be AS-BDAU-204. ' J. PLC System Alarm The PLC processor shall monitor the internal operation of the PLC system for failures. If a failure is detected, the system shall shut down and freeze all inputs and outputs in their last states until the error is cleared. As a minimum,the following failures shall cause the PLC to shut down: i. Memory failure. ii. Memory parity error. ' iii. 1/0 cycle failure. ' iv. Operating system error. K. PLC Software ' The PLC software can be provided by the Owner. Programming shall be performed utilizing ProWorx NXT. L. Man-Machine Interface (MMI) ' The operator interface units shall be front of panel (indoors) or swing-out panel mounted (outdoors)NEMA 4 with numerical membrane keypad. Display shall ' contain two lines of 40 characters each. Display shall be vacuum fluorescent with 5mm minimum character height. Keypad shall include standard numeric functions with separate programmable User keys. Panel shall come complete with annunciator LEDs which can be independently assigned to display PLC status registers (i.e. run, fail, etc.). Temperature rating shall be 0°C to 60°C and 0%to 95%humidity non-condensing. Memory shall be 32k EEPROM minimum. CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS -28 ELECTRICAL REPLACEMENTS Interfaces which are not integral to the PLC processor shall communicate via a standard RS-232 communication port using a built-in Modbus protocol. ' The operator interface shall be able to utilize the following screen types; Menu, Data Display, Data Entry, Bar Graph, Recipe and Alarm. The display shall have the ability to display and edit PLC data in any of the following formats; Signed& Unsigned Integer, BCD, Bit, IEEE Floating Point, etc. An auto scaling feature along with programmable high and low entry limits shall be available. Security ' screens shall be available that require the operator to enter a security code before proceeding to other screens. The contractor configured operator interface screens shall be programmed by a ' separate MS windows compliant software that runs on a IBM personal computer or compatible and allows the user to see a sample of the screens as they are built and shall be a menu driven program with no special training necessary. This ' program shall allow the upload and download of the screen configuration file to the operator interface. One original copy of the program, PC download cable, PLC communication cable and MSWindows compliant software program shall be provided with the operator interface. The operator interface panel shall be as manufactured by Quartech Corporation, 1 Model 9900, or approved equal. 15. PLC Start-Up ' Each PLC shall have start-up software that causes automatic commencement of operation without human intervention, including start-up of all connected UO functions. A restart program based on detection of power failure shall be included in ' the software. Upon restoration of power, the program shall restart all equipment and restore all loads to the state at time of power failure, or to the state as commanded by 1 time programs or other overriding programs. The restart program shall include start time delays between successive commands to prevent demand surges or overload trips. The start-up software shall initiate operation of self-test diagnostic routines. If the database and application software are no longer resident or if the clock cannot be read, the PLC or CCS communications shall not restart and systems shall remain in the failure mode indicated until the necessary repairs are made. If the database and 1 application programs are resident,the PLC and CCS communications shall resume operation after an adjustable time delay of from 0 to 600 seconds. The start-up sequence for each device shall include a unique time delay setting when system ' operation is initiated. 16. EMI/RFI Filter and Surge Suppression A. EMI/RFI Filter Control panels shall be provided with power line filters that are effective in the control of line to line as well as line to ground EMURFI interference. The standard line filters shall be rated for 28 dB at 1 MHz. Line filters shall be Corcom, or equal ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-29 ELECTRICAL REPLACEMENTS 1 B. Power Surge Protection The surge protectors shall be tested in accordance with the requirements of ' ANSI/IEEE C62.41 standards for Categories A, B, and C environments and shall be a UL 1449 listed component. 1 Surge protection components shall be as manufactured by Leviton, Hubbell or Liebert. t 17. Batteries, Battery Charger and Power Supplies Batteries shall be sealed lead-acid type in number and size to satisfy the sizing calculations for 2 hours of operation. Batteries shall be Power-Sonic, or equal. ' Battery charger shall be a 24 VDC power supply and battery charger. The battery charger shall contain a low battery alarm contact output to the PLC. The power ' supply/battery charger shall be Altronix, or equal. The voltage monitor cutout relay shall be Time Mark, model 2681, or equal. 1 The DC-DC converter shall input 24 volts and output 12.8 volts adjustable at a minimum of 2.1 amps. Load regulation shall be +/- 03%. The DC-DC converter shall be Mean Well, or equal. ' 18. Spare Parts The Contractor shall furnish to the Owner all necessary spare parts of components ' required to maintain the system. At a minimum the Contractor shall provide: (1) 5 of each type fuses and indicating bulbs. ' (2) 1 of each PLC CPU. (3) 2 of each PLC 1/0 modules. (4) 2 each power supply/battery charger and DC-DC Converter. (5) 1 set of batteries (6) 1 of each pressure transmitter. (7) 2 of each pressure switches. ' (8) Corrosion-Inhibiting Vapor Capsules: Two-year supply 1 1 CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-30 ELECTRICAL REPLACEMENTS i PART 3 —EXECUTION ' 1. General Provide the wiring installations and equipment installations, including connections and interconnections as indicated, specified and required. Assure proper fits for all equipment and materials in the spaces shown on the plans. A. Excavations and Backfills ' (1) Except where specifically provided to the contrary, the Contractor shall perform all excavation necessary for the completion of the Contract. The Contractor shall comply with Government Code Section 4216, et al., in ' regard to clearance from the regional notification center prior to excavation. This shall include without classification, the removal of all materials of whatever nature encountered, including all obstruction of any nature that would interfere with the proper execution and completion of the work. Any and all excess or over-excavation performed by the Contractor for any reason, except as ordered in writing by the Owner or Owner's representative, whether or not due to fault of the Contractor, shall be at the expense of the Contractor. Fill and compacting of fill for such excess or over-excavation 1 shall be placed and compacted at the expense of the Contractor under the requirements of these specifications. (2) Unless otherwise shown or prohibited by Federal or State safety regulations, excavations for conduit shall be open-cut trenches. The bottom of the trench shall have a minimum width equal to the outside diameter of the conduit plus 6 inches. All conduit shall be placed at a minimum depth of eighteen(18) inches. The Contractor shall provide all labor, equipment and material required to cut, trench, backfill, and replace any concrete or asphalt surfaces. (3) Trenches shall be backfilled with select soil, free of solid materials in excess of one half inch in diameter. Trenches shall be compacted to 90 percent. ' B. Concrete Concrete shall be provided for electrical equipment foundations, support foundations and conduit encasements as indicated. Concrete shall be as specified ' in City Standards. C. Painting ' Field damaged factory finishes on equipment shall be touched-up with paint that is equal in quality and color to the original factor finish. ' D. Exiting Eguipment and Wiring The Contractor shall modify existing electrical installations as required by the work. Provide necessary conduit systems, wire, and connections for a complete ' and operable system CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-31 ELECTRICAL REPLACEMENTS 1 ' 2. Raceways ' Provide all the cable tray and conduit installations, including outlet bodies, boxes, gaskets, covers, fittings and supports to complete the raceway systems as shown on plans and as required. Install ground conductors in all nonmetallic conduits. A. Underground Installations Conduits shall be schedule 40 PVC. All conduit stub-ups shall be PVC coated galvanized rigid steel. B. Exposed Installations ' The installations shall be completed with hot-dipped galvanized cable trays, rigid steel conduits and intermediate steel conduits with wrench tight connections. In hazardous area, only rigid steel hot-dipped galvanized conduits shall be installed. ' In corrosive and outside areas, PVC coated galvanized rigid steel conduits and rigid plastic conduits shall be installed as shown on the plans. Maintain a minimum clearance of 12 inches for conduits that shall be installed near hot pipes ' or surfaces (150 degrees F or higher). Exposed conduits shall be installed parallel with buildings and structures. C. Flexible Conduits Flexible conduits shall be liquidtight with fittings for short tight connections (30- inches maximum) in equipment. A separate ground conductor shall be installed in flexible conduit that does not have the internal copper bonding conductor included by the manufacturer. D. Threads All steel conduit threads shall be coated with a corrosion resisting lubricant, and the connections shall be made watertight. The lubricant shall maintain the ' grounding continuity. E. Locknuts and Bushings ' Locknuts and bushings shall be installed on the threads of steel conduits that enter through close-fit openings in enclosures. ' F. Sealing Bushings The bushings shall be installed on the ends of exterior conduit that terminate at indoor equipment. The bushing shall provide a watertight seal inside the conduit. ' G. Penetrations Penetrations through concrete for sleeves and conduits shall be approved by the ' Owner and Owner's Representative. Submit the sizes, location and method for all penetrations for review and approval prior to execution of work. CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-32 ELECTRICAL REPLACEMENTS 1 ' H. Tool Marks Conduits and fittings that have tool marks shall be smoothed and finished with paint that matches the original finish. I. Furnished Equipment ' Provide conduit installations as shown on the plans and specified in other sections of the specification for furnished equipment. ' 3. Boxes and Fittines Outlet bodies, boxes, gaskets, covers, fittings and supports shall be installed as ' indicated, specified and required. A. Cast Metal ' Cast metal outlet bodies, boxes, gasket covers and fittings shall be connected to exposed galvanized steel conduits. B. PVC Coated Outlet bodies, boxes, gasketed covers and fittings shall be PVC coated and connected to rigid plastic and PVC coated steel conduits. C. Sheet Steel Sheet steel boxes shall be provided with close-fit holes for steel conduit ' connections. Weatherproof boxes shall be provided with interchangeable conduit hubs for steel conduit connections as indicated. D. Interchangeable Hubs ' The hubs shall be installed in NEMA 3R enclosures for rigid steel conduit connections. Cut close fitting holes in the sheet steel enclosure and place the ' interchangeable hub in the opening. Connect the hub on the conduit and make a tight connection to the enclosure. ' 4. Conductors and Cables A. General ' Conductors shall be completely installed and connected. Apply wire lubricant to ease the pulling of conduits in conduits. Recommended pulling tensions shall not be exceeded. Cable and wire pulls shall be continuous from end-to-end. Splicing shall only be performed where required. Spliced and terminal connections shall ' be made tight with spring and compression connectors. The connectors shall be crimped with a tool that provided uniform and tight connections. Include all the required wiring interconnections. B. Splice Insulation ' All splice connections shall be insulated as required with tight wraps of plastic tape to prevent moisture intrusion and corrosion. Apply insulation putty to fill irregularities and voids in splices. ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-33 ELECTRICAL REPLACEMENTS 1 S. Utility Power Coordinate with the serving utility to assure compliance with utility codes and ' standards. Coordinate with the serving utility for service interruption, if required for specific site installation. ' 6. Supports Install the required structural channels,brackets, stanchions, U-bolts, clamps, anchors, hangers, fittings and other hardware to securely attach and support all the equipment and conduits. 7. Seismic Anchoring Restraints ' All electrical equipment shall be securely anchored. Anchoring shall have the capability of withstanding seismic forces per the 1989 California Code of Regulations, Title 24, Part 2, Section 2312, Seismic Zone 4, with Z=0.4, Cp=1.0, and Ip=1.5. Cp may be two-thirds of the value specified for components mounted on foundations at grade or on floor slabs on earth grade. Install equipment anchors in accordance with the final shop drawing and ' manufacturer's recommendations. Properly torque all bolts to the required values. 8. Handholes and Pullboxes ' Precast concrete handholes and pull boxes shall be installed in excavations as shown on the drawings and as required. ' (1) Accessories shall be installed, which include pull eyes and required hardware. ' (2) Covers shall be installed on all handholes and pull boxes. 9. Checking,Adjusting and Testing ' Provide the required labor and equipment, and all checking, adjusting, and testing operation on the electrical installation. ' A. Manufacturer' Supervision and Field Installation Check Where specified or required, electrical equipment manufacturer shall furnish the services of an authorized representative especially trained and experienced in the installation of his equipment to (1) supervise the equipment installation in accordance with the approved submittals and manufacturer's instruction, (2)be present when the equipment is first put into operation, (3) inspect, check, adjust as necessary, and approve the installation, (4) repeat the inspection, checking, and adjusting until all trouble or defects are corrected and the equipment installation ' and operation are acceptable, and (5) prepare and submit the specified Manufacturer' Certified Report. Include all costs for representatives services in the Contract Price. ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS -34 ELECTRICAL REPLACEMENTS ' B. WiringCheck All wire terminations shall be checked to assure tight connections. ' C. Adjust Adjust all time delay relays and other devices so the controls shall operate in the indicated or specified sequence. D. Wiring Tests Wiring tests shall be performed to detect wrong connections, short circuits, continuity and ground. Correct any defects in the wiring systems. ' E. Equipment Tests Equipment tests shall be performed on all equipment as indicated and directed by the manufacturer. ' F. Demonstration Demonstrate systems and instruct Owner's personnel in proper operation. ' Contractor shall furnish all equipment and personnel to perform demonstration. Contractor shall provide the services of manufacturer's representative, if required by manufacturer's installation instructions and procedures. Cost of test ' equipment, personnel and manufacturer's representative shall be borne by the Contractor at no additional cost to the Owner. G. $upply Voltape Tests Test the supply voltage while the normal facility loads are operating, if the voltage ' is not within normal limits (plus or minus one percent), notify the Owner. H. Operational Demonstrations Demonstrate that performance of installed electrical materials and equipment complies with requirements specified and required. Immediately correct defects and malfunctions with approved methods and materials in each case, and repeat ' the demonstration. 10. Clean ' Remove all rubbish from site that has resulted from the electrical work. Work areas shall be kept clear of rubbish as work progresses. ' Exterior and interior surfaces of panels, fixtures and equipment shall be vacuumed and wiped clean. Use special cleaning solvent if necessary to restore finishes to original condition. End of Section -- CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-35 ELECTRICAL REPLACEMENTS ' PART 4 —SYSTEM CONTROL DESCRIPTIONS 1. General The control descriptions and P&ID comprise the functional design criteria of the programmable logic controller (PLC) and Control System interface. The control ' descriptions are provided for Contractor programming in coordination with the MMI. and existing Central Computer System (CCS) application software configuration. The Contractor shall utilize the control descriptions, P&ID and associated PLC UO drawings as the basic functionality criteria for the control equipment. The Contractor shall coordinate all installation and testing with the Owner's Engineer to completely verify all manual and automatic modes of operation. ' The following control descriptions narratively describe the PLC logic, and the MMI and CCS monitoring and control capabilities to be configured. The control shall be ' programmed in the PLC by the Contractor. The radio communications hardware, PLC communications and CCS shall be configured (by others) for overall system monitoring and supervisory control. The individual control descriptions are grouped ' by like controls established in the drawings. The Contractor shall provide all necessary data as required for complete monitoring t and control system. The Contractor shall also provide the Owner with a comprehensive, complete and well documented registeribits listing for SCADA programming by others. ' 2. MMI/C S Interface Guidelines PLC control programs with pumping unit(s) shall contain adjustable delays (seconds) ' for: start, start after stop (backspin), minimum runtime, and stop. PLC control programs with multiple pumping units shall also provide for lead/lag/standby pump selection in any order and separate adjustable sequential pump start and stop delays (seconds). Provide an "available" equipment status when the associated H-O-A hardware switch ' is in auto position, H-O-A software switch is in auto position and there are no control lockout alarms, for all controlled equipment interfaced with the PLC. Provide for MMI/CCS manual software control of each pump. Pump safety's shall remain in ' effect in MMI/CCS manual. Provide a command-to-feedback fail alarm, when the associated H-O-A hardware switch is in auto position, for all controlled equipment interfaced with the PLC. The controller-based fail alarm shall be initiated if an equipment item is commanded to start/stop or open/close by the PLC and the appropriate pump run or, valve position status feedback(where available) or zero flow signal is not received within an adjustable time delay(seconds). If a pump becomes unavailable (not fully automatic or has failed), the pump shall be ' tagged unavailable and control shall failover to the next setpoint assigned or standby pump. Upon availability being re-established to the unavailable pump, it shall be ' tagged available with lag pump setpoints and remain off until called to run or the CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-36 ELECTRICAL REPLACEMENTS ' replaced pump has stopped. It shall then be placed back into the original selected setpoint sequence. Pump controls shall be a lead/lag mode of operation. The program shall disable all pumping unit control and control program affiliated alarms during a utility power fail. Upon power fail recovery, controls shall be re- enabled concluding an adjustable time delay(minutes). Provide PLC-based adjustable elapsed time meters (ETMs) and number of starts with an adjustable reset for all motorized equipment interfaced with the PLC. The PLC 1 shall transmit an alert to the MMI/CCS when a motorized device exceeds a setpoint number of starts within a running 60 minute period of time, based on 6 minute intervals. Equipment run time and number of starts data shall be transmitted to the ' MMI/CCS for indication. Provide high, low and invalid (out-of-range) alarms for all analog points in the PLC whenever set point limits are exceeded for an adjustable time delay, and alarms for all hardwired alarm inputs after an adjustable time delay. Each associated alarm shall be generated and transmitted to the MMI/CCS for indication. ' All analog signals shall be constantly processed, by the PLC, to provide minimum, maximum with time stamps and average values. Flows shall be totalized and shall be adjustable from the MMI/CCS. The hourly pump runtimes and number of starts, flow totalization, minimum and maximum with time stamp, and average of each analog local and polled shall be placed in hourly holding registers for a 24 hour period (adjustable end of 24 hour period setpoint, e.g. 2:00 am or 0200 hours). The PLC ' shall hold the previous 24 hours of daily data, date stamped, to be retrieved by the CCS for reports in the event of an extended communication failure. All PLC alarm setpoints, control setpoints,timer setpoints, and PID settings shall be selectable from a related process graphic control display at the CCS or MMI text window. Provide applicable individual power and communication fail alarms for the PLC as specified herein. The PLC shall perform and monitor internal diagnostics, i.e. low battery voltage, module failure, and transmit current status conditions to the CCS. The PLC program's primary control blocks shall be organized in the following manner: (1) Initialization- PLC startup to include all timers required for initial starting. (2) Communications - Communications programming, communication fail setpoints and contiguous communication data blocks for MMI/CCS read/writes. (3) Scaling/Data- All analog scaling, filtering, and accumulated data to include: flow totalization, pump runtime and number of starts, analog min./max./avg., and 24 hour holding registers. ' (4) Alarms - All analog and digital alarm and timer setpoints and alarm reset. ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-37 ELECTRICAL REPLACEMENTS 1 ' (5) Auto Controls - Control scenarios to include sequence and operational setpoints, control selections and setpoints, backup controls and override 1 control. (6) Function Control - Individual auto/manual device selection, safety interlocks, auto control command conclusions, digital output commands. ' The PLC program shall be structured to organize individual control blocks into relative potential size utilizing the entire PLC memory area to establish block register 1 consistency and control standardization. Digital data shall be packed into registers and all data contiguous for communication to the CCS. CCS commands will not be accepted when the MMI is logged in. A 1 MMI log-in/CCS control lockout condition shall be transmitted to the CCS for indication. 1 3. Common Control and Monitoring Loops A. General The following loops are commonly used throughout the System. The Contractor shall verify the Contract Drawings to verify applicable loops. ' B. Flow Monitoring The future flow meter (FE/FT)monitoring the flow shall provide an analog signal ' to be scaled and transmitted by the PLC to the MMI/CCS for indication. The analog flow signal from the transmitter shall be isolated, when applicable, for other monitoring or display devices. The PLC shall totalize the flow meter signal for MMI/CCS indication. Totalization shall be based on the flow meter total pulse input, when available. PLC totalization shall be in million gallons (MG) units and the totalizer shall automatically roll over at 9,999,999.99 MG. 1 The PLC shall provide for low limit cutoffs, zero (0),to prevent processing of unreasonable data displayed or reported at the MMI/CCS, e.g. non-zero or negative flow when no pump is running or valve open. Adjustable setpoints shall ' be entered in engineering units. Initial setpoints shall be equivalent to three (3) percent of range. ' The PLC shall monitor the flow signal and initiate a low flow alarm when the associated valve(s) are open or pump(s) running, and the flow signal drops below an adjustable low limit setpoint for an adjustable time delay. A low flow 1 condition shall be transmitted to the MMI/CCS for alarm indication. The PLC shall monitor the flow signal and initiate a high flow alarm when the ' associated valve(s) are open or pump(s)running and the flow signal rises above an adjustable high limit setpoint for an adjustable time delay. A high discharge flow condition shall be transmitted to the MMUCCS for alarm indication. ' The PLC shall monitor the flow signals and initiate a flow invalid alarm when the associated valve(s) are open or pump(s) running and the flow signal rises above or below the instrument range for an adjustable time delay. An invalid flow CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS -38 ELECTRICAL REPLACEMENTS ' condition shall be transmitted to the MMI/CCS for alarm indication. High and low flow alarms shall be ignored during an invalid condition. C. Level Monitoring The level and high, low and invalid level alarms will be transmitted to the PLC by ' the future radio communications. The PLC shall monitor for the high, low and invalid level communicated alarms and initiate the associated alarm after an adjustable time delay. High and low alarms shall have one delay timer. Invalid alarms shall have it's own unique delay timer. The level alarm conditions shall be transmitted to the MMI for alarm ' indication. High and low level alarms shall be ignored during an invalid condition. D. Pressure Monitoring ' The new pressure transmitter shall provide an analog signal to be scaled and transmitted by the PLC to the MMI/CCS for indication. ' The PLC shall monitor the pressure to initiate either a high pressure alarm when the pressure rises above an adjustable high limit setpoint for an adjustable time delay, and initiate a low pressure alarm when the pressure drops below an ' adjustable low limit setpoint for an adjustable delay. The high and low pressure alarm conditions shall be transmitted to the MMI/CCS for alarm indication. ' The PLC shall monitor the pressure signal and initiate a pressure invalid alarm when the level signal rises above or below the instrument range for an adjustable time delay. An invalid pressure alarm shall be transmitted to the MMI/CCS for alarm indication. High and low pressure alarms shall be ignored during an invalid condition. E. Power Monitoring ' A station phase fail signal received from a power monitor,when present, shall be transmitted by the PLC to the CCS for alarm indication after and adjustable time delay. A low battery signal generated by the UPS or BBU, when present, shall be ' transmitted by the PLC to the CCS for alarm indication after an adjustable time delay. 4. PLC Program A. General The PLC shall monitor and control the following processes which shall be resident in PLC and indicated/controlled from the MMI and CCS. The Contractor shall adhere to the"Common Control and Monitoring Loops" guidelines 1 established in the previous section and perform the control logic described herein. B. Normal System Operation CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-39 ELECTRICAL REPLACEMENTS ' System automatic control shall be based off a remote level transmitted to the PLC via the radio SCADA system. As a backup to loss of signal or communications, the PLC shall control based on the local discharge pressure. An override "start" command from the MMI/CCS will bypass the normal start setpoints. Upon a start command the pump(s) shall sequence on. Upon attaining the stop setpoint, the ' pump(s) shall shutdown in an orderly sequence. It should be noted that slow SSMC acceleration ramping is important to the desired regulation of the hydraulic system. Setpoints affecting shutdown or other associated alarms should be initially lengthened and later tuned to minimize shock of the hydraulic system. ' (1) Pump Controls The pumps shall be automatically staged on and off based upon a reservoir ' level or discharge pressure in a lead/lag mode of operation. Primary controlling analog (level or discharge pressure) shall be selectable from the MMUCCS. A MMI/CCS "override start" command will start the next pump ' in sequence and bypass the normal start setpoints. An override start commanded for both pumps will sequence pumps on in an orderly manner. The PLC shall monitor the status of the hand-off-automatic (HOA) hardware ' switch, manual-off-auto MMI/CCS software switch for each of the pumps and shall monitor the status of all permissive and alann conditions to determine "availability". In level control, each pump shall have their own start/stop setpoints. In pressure control one set of start/stop setpoints shall control both pumps. If ' discharge pressure cannot be maintained above the start setpoint after a lead pump start, then the lag pump shall start. Once the stop pressure setpoint is obtained and the lag pump stops and pressure continues to meet or exceed the stop setpoint, the lead pump shall stop. If the lead pump is called on, after the start delay period, the SSMC shall be started. If level/pressure continues to fall to the lag start setpoint, the lag pump shall be started. When the stop setpoint is achieved, and after a time delay, the PLC shall sequentially send a stop command to the pump. If two ' pumps are running, the lead pump shall not be commanded to shutdown until the lag pump has stopped and the lead pump stop setpoint is achieved. Start or stop commands shall not latch in until the associated timeouts have been ' achieved. Upon receiving a communications failure or level invalid status,the pump(s) ' shall maintain current condition (running or stopped). Concluding an adjustable time delay(minutes), the control shall automatically switch to local discharge pressure control. Upon re-established communications and a 1 valid level signal, and an adjustable time delay, control shall revert back to level. CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-40 ELECTRICAL REPLACEMENTS tUpon determining a low discharge pressure alarm (fire flow condition), both pumps shall sequence on. ' (2) Pump Sequence Pump sequence selection is determined by operator selection at the t MMI/CCS. The PLC shall notify the MMI/CCS of the current calculated pump sequence in cases of a pump unavailable (pump failure or pump not in auto). Sequence selection can be in either order of pumps for lead/lag. ' If pump(s) are running and the sequence selection is changed, the PLC shall start the new sequenced on the next cycle of pumping. ' (3) Time of Use (TOU) Time-of-Use (TOU) shall include an "enable-disable" function which shall be selectable from the MMI/CCS. A control system start shall be ' automatically disabled 15 minutes (adjustable setpoint) prior to the "entering critical period" setpoint, if the system is not currently running. ' The CCS shall update the PLC real time clock on: (1) monthly; (2) upon restoration of communications; (3) at CCS boot up or(4) manual operator command, and shall automatically update the PLC for daylight savings hour 1 changes. The MMI shall read and indicate the time from the PLC. TOU control shall consist of an auto control "enabled-disabled" selection which shall initiate a maximum of four(4)time weekday and two (2) time weekend periods for the summer schedule and in a maximum of four(4) time weekday and two (2)time weekend periods for the winter schedule. The MMI/CCS shall send a bit and time setpoints (in 24 hour format) for automatic switching to the appropriate season schedule and operation under time periods. Initial time setpoints shall be entered to shutdown pumps 15 minutes (adjustable setpoint) prior to entering the critical peak period and extend a critical period 15 minutes (adjustable setpoint)prior to entering the pumping ' period. Enabling "TOU" control shall allow pumping based only on the off-peak ' period. This peak period selection shall be automatically changed when switching season schedules. These may be set up before a season change, then shall go into effect upon MMI/CCS sending a"In Summer Schedule" or "In Winter Schedule." The system shall sequence on when entering an enabled period and meeting start command. The system shall be sequenced off when entering a disabled (peak) period. If the station is running and the schedule is changed, the control shall be bumpless. The PLC shall notify the MMI/CCS of the period and season currently in use ' by the PLC for automatic controls. (4) Pump Controls and Safety's ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-41 ELECTRICAL REPLACEMENTS 1 ' Upon a SCE power failure recovery, automatic or manual controlled pumping shall not resume for an adjustable time period, initial setpoint 5 ' minutes. Upon restoration of communications (comm fail alarm(s) cleared) or alarms listed below, the PLC shall initiate a start-up process which shall involve an ' operator adjustable time delay restart of the control process. The subsequent call for pumps on shall be based upon the level or pressure relative to the associated setpoint. The absence of any permissive condition shall not allow a "system" start. Any alarm (listed below) shall cause for a"System" shutdown, and once ' cleared will require a MMI/CCS alarm reset command or local push button alarm reset before a station start command controls can be executed. Permissive conditions and alarms shall be initiated by the existing PLCs and ' local circuits and shall consist of the following: ' Description Permissive Alarm State State Utility Power Fail Off On ' Level High-Level Control Mode (SCADA) Off On Discharge Pressure High (AI) Off On Disch Press Invalid-Press Cntrl Mode (AI) Off On ' Station High Discharge Pressure (DI) Off On Suction Pressure Low (AI) Off On Station Low Suction Pressure (DI) Off On ' 5. Keypad Interface A. General ' The keypad is a functional tool to provide operational assistance in cases of a communication failure with the CCS or convenience when on-site. The keypad includes eight (8) LED's for status or alarm indication, and eight(8) function keys ' that will be utilized for process viewing, control and security access. An Operator can view current Plant status but will be required to log in to the keypad using a 3 digit number to make operational control changes. Log out can ' be performed manually or the PLC initiated automatic log out will occur after a hardcoded time period(initial setpoint 30 minutes) and no operator initiated ' selection on the keypad. When logged in, any command or setpoint changes made at the keypad will be logged at the CCS. The CCS will be locked out from control changes when the keypad is logged in. ' Analog signals acquired via communications will indicate zero (0) when the analog is out of range or there is a communication fail with the remote PLC. Local analogs will indicate zero (0) when the analog is out-of-range. CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS 42 ELECTRICAL REPLACEMENTS ' The following pages describe the LED and function key assignments to be configured to interface with pump station. The viewed processes and ' status'/alarms are shown in the order to be configured. An operator may scroll through these using the next and previous keys. The function keys, when selected, leap to assigned points and scrolling can be continued from that point. ' B. Function Key Assignments The default text display when the keypad initiates or is manually/automatically ' logged out shall contain the local suction and discharge pressure, remote level and control mode (level or pressure). The function keys shall have the following display assignments: Analogs, Status, ' Alarms, Pumps, Control, TOU, Page Up, Page Down. Page up and down allows the operator to page through the text displays assigned to that function key. ' The Analogs function key shall display each individual current analog reading with the high, low setpoints and all associated time delay setpoints. ' The Status function key shall display current digital conditions of points not associated with other displays. The Alarms function key shall indicate current status of communications and digital and program derived alarms to include the time delay setpoint associated with the alarm. ' The Pumps function key will display current status of pump conditions and control selection. The Control function key shall indicate current control mode and control ' setpoints. It shall also indicate the level and pressure indications. The TOU function key shall display enable/disable control, current schedule and ' TOU setpoints. --End of Section -- ' CAPTAIN'S HILL PUMP STATION TECHNICAL SPECIFICATIONS-43 ELECTRICAL REPLACEMENTS