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10-0504_SAK CONSTRUCTION_Contract CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and SAK CONSTRUCTION, LLC hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit,the Designation of Sub-Contractors,the Contract which is prepared for execution by the CITY and the CONTRACTOR, the Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2006 Edition, including all Supplements, Contract Bonds,Resolutions adopted by the CITY pertaining to the work,insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor,material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of Hydraulic Capacity Project No. 1 in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, One Thousand Dollars ($1,000)per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%)of the amount of this contract and shall be conditioned on full and complete performance of the contract,guaranteeing the work against faulty workmanship and materials for a period of one(1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent(100%)of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California,copies of the prevailing rate of per diem wages,as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he,or any SUB-CONTRACTOR under him,shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million Dollars($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one (1) year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/ not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail,return receipt requested,giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty(30)days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, Tetra Tech, its officers, agents,and employees from and against any and all claims,demands,loss or liability of any kind or nature which CONTRACTOR,its officers,agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of,or arising out of,or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include,but are not limited to,the stipulation that eight (8)hours labor constitute a legal day's work and CONTRACTOR shall,as a penalty to CITY,forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight(8)hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. If CONTRACTOR is not already enrolled in the U.S.Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis- dhs.com/employerregistration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until fall compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. Cit o DATED: `1 BY: Dr. Londres Uso, Mayor BY da, �ee� �esde�c� CONTRACTOR, LICENSE NO. AND CLASSIFICATION jA aria City Cler, APPROVED AS T FORM: 40M,Nau oval, IfIty Attome This is EXHIBIT A,consisting of one page, referred to in and made a part of the " AGREEMENT between the OWNER and the CONTRACTOR PROPOSAL 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: HYDRAULIC CAPACITY PROJECT#1 —SEWER REHABILITATION CIP NO.7706 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 for the period stated in the Notice Inviting Bids,unless otherwise required bylaw. Bidder will 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 Contract Documents. Bidder has examined copies of all the Contract Documents,including the following Addenda(receipt of which is hereby acknowledged): p Number ;f Date Am, q, 2010 " Number 2- Date A mf {2 2010 Number 'S Date APOaL MA 200 Number Date /FO✓+ I l,2010 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 workers 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:_Ak4,� r %n 8idd s , 01= L� By. v •• `` (Signature) $ o F4w'Z Title: %./t Hydraulic Capacity Project#1 —Sewer Rehabilitation PROPOSAL PAGE 1 P:�0929Dtl34 9290-iDD021Ww pmD ft%SpeclM Bid.da BID FORMS This is EXHIBIT B,consisting of one page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR. BID SCHEDULE (ILUdeed per Addendunif4l HYDRAULIC CAPACITY PROJECT f1 -SEWER REHABILITATION CIP NO. 7706 ID Description �e a� Unit Unit Price Etity �nclaclcl 1 . Mobilization and Preparatory Work 1 LS I S Cannot exceed 5%of bid dams 2-9 2 Temporary Sewer Bypass 1 LSA 3 Cured-In-Place-Pipe 21" 705 LF = 3 na 7v- 4 Cured-In-Place-Pipe 18" 810 LF cJ,�rr y3 7y0 z 5 Cured-In Place-Pipe 8" 8,325 LF j.✓" 2�$ G 7J�as 6 Sewer Lateral Sealing System for 8"Lateral 20 EA £' &oo t' 7 Manhole Rehabilitation 50 EA 475 123. 70 8 Traffic Control, Public Convenience and Safety 1 LS y ac 9 Siphon Rehabilitation at Trabuco Creek 1 LS j,�j 30 h? TOTAL �s SAk ��)�, ft�cTic� G4 G#� Z'P Name of Bidder or Firm Hydraulic Capacity Project#1 —Sewer Rehabilitation UNIT PRICE BID SCHEDULE v:mezernraa.wzeon000sw,mo„n,e wm„w,,,,,w,oe ad�rew BID FORMS INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, at seq.,of the Public Contract Code,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 Contractor's Total Bid Price,and shall also list 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 bylaw, The listing of more than one subcontractor for each item of Work to be performed with the words"and/or"will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. ID Work to Be Performed License Number Subcontractor Name and Address IkAwhoCF lrf,YfltlJl� �((�l Cts �iL /[Pt1L5 1 7�f L(Ae Ira 4 �_ yrd� X741 Gat A•v�n�r, c� 9a 3 y 5 6 7 Hydraulic Capacity Project#1 —Sewer Rehabilitation LIST OF SUBCONTRACTORS P:\09290\134-09290-t0002\Wm pmDmfts\SMcl\10 Lis[&Subs.d= BID FORMS NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State ofj'o la "ssavAA ) ss. County of Sr. "urs ) I, being first duly swom, deposes and says that he or she is VieE to 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 r. oew,cir LP By � a _ Title V•«f Prscsl c Organization S&Vt CAa*JSTm-c_ a.l eP CA LP Address ' I03 N, CodL_ SP4rJGS 144. . "D P: (,rya`) kri-2ss0 Hydraulic Capacity Project#1 —Sewer Rehabilitation NON-COLLUSION AFFIDAVIT P:1092901l34 9290-1000ZWordpro0re0s1Spee1111 Non Collusiw.do BID FORMS BID BOND KNOW ALL MEN BY THESE PRESENTS, SAK Construction 103 CA, LP Thai 103 North Cool Springs Road, O'Fallon, MO 63366 as Principal, and Safeco Insuran e Co any of America 330 No th�ranoulevard. Glendale. CA 91203 as Surety, are held and firmly bound unto The City of San Juan Capistrano,hereinafter called the"Owner'in the sum of Ten Percent of Proposal Price (10% of P.P.) dollar (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: HYDRAULIC CAPACITY PROJECT#1 —SEWER REHABILITATION CIP N0.7706 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 wrier Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certl6cates of Insurance, and furnishes the required Performance Bond and Payment Bond, ther. this obligation shall be null and void,otherwise it shall remain in full force and effect. In the event suit is broe3ht upon this Bond by said Owner,and Owner prevails,said Surety shall pay all costs incurred by said O xner in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED,this. 13th day of April 20 10 AK C structi o A, L EA L) (SEAL AND NOTARIAL (SEALS ACKNOWLEDGMENT OF SURETY) Ise o ttr T'L 9+s5 i$ A4 S � �e9 nci I) G � nsurance�om�any of America rely) Tho Bean (St ature Attorney-In-Fact (S a ure) Hydraulic'Capacity Project#1 —Sewer Rehabilitation BID BOND(BID SECUR.-' Ad]9293,539A9:90-0CCO244o'tlFro02M1slSreaf,l2 aW Benl.tlo�+ B L —-'''= ACKNOWLEDGEMENT FOR PRINCIPAL ACKNOWLEDGEMENT FOR PRINCIPAL IF LIMITED PARTNERSHIP COMPANY STATE OF AtsWoM } COUNTY OF Sr. Leas } ON THE Larq DAY OF Pk.u— WtO BEFORE ME PERSONALLY APPEAREDBe o.� 9`A-z TO ME KNOWN AND KNOWN TO ME TO BE THE P OF SAK CONSTRUCTION OF CA, LP, A LIMITED PARTNERSHIP COMPANY, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED PARTNERSHIP. GRANT A ANDREWS Notary Public Notary Publk-Notary Seal Y Slate of Missouri,St Louie County is M 09908519 nA mission Expires Dec 14,2013 Safeco Imulancc Company of Ameoca Genemllnsu,no Cumparyof Amarva hhci-k`' POWER toot am Avenue ii OF ATTORNEY S"le 1100 Sea';le,WA 59154 08 KNOW ALL BY THESE PRESENTS No That SAFECO INSURANCE COMPA14Y OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ..."'•'RICHARD G.AVERY;THOMAS BEAN;KAREN BOWI ING,GEORGE 0.BREWSTER;PETER F. (ONES;SUSAN LUPSKT GERARD S.MACHOLZ,CAMILLE MAI I LAND;DIANA L PARKER;ROBERT T.-PEARSON;RITA SAGISTANO; Garden City,New York;KATHLEEN M.CRISTIANO;JOSEPH DOBKO'WSKt,JR;ADR(ANNE SCALERA;Clark,New Jersey;RUSSELL M.CANTERBURY:JOANN DOMRROWSKI;MARION R VAII-,Farmington,Connecticut'""".,,..... its true and lawful artorney(s)4n-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the resoccinee company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA end GENERAL INSURANCE WMPANY OF AMERICA have each executed and attested these presents dlis 21st day of March - _ 2009 r�f �{ �ct lt,lY'• Cr�rn U,.t Dexter R.Lent Secretary Timothy A.Mikolalews333ki Vice President CERTIFICATE Extract from lie By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vlce President,the Secretary,and any Assistant Vice President appointed for that purpose by t-eofficer in charge of surety,eeraticns,shall each have authority to appoint individuals as attorneys-in--'act or under other appropriate titles with authority to execute on behalf of the company fidelity and surely bonds and other documents nr vmila•character issued by the company in the couree of its Sus ness.. On any it Islrument making or evidencing such appom'meni, the signatures may he affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manne, repro9uced; provided,however,'hat the seal shall no!be necessary to the validity of any such instmment or undertti Extram Iran s Resolution of the Board cf Directors of SAFECO INSURANCE COMPANY OF AMERICA -' and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 29.1970- "On any,certificate executed by the Secretary or an assistant secretary of the Company setting cul, it) The provisicrs of Article V SEcI,on 13 of the fi Laws,and (i) A copy of the power-of-attorney appointmont,executed pursuant thereto and Grit Codifying that said power-of-adorney appointment Is In full force and effect the slgneture of the ceddymg officer may be by facsimile,and the seal of the Company maybe a facsimile thereof." I Dexter R.Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the furegoing extracts of the By-Laws and of n ResoCttmn of the Board of Directors of these corpo-alions,and of a Power of Attorney issued pursuant therein,are true and correct,and that both the By-Laws.the Resolution and the Power of Attorney are stili in full force and effect IN WITNESS WHEREOF,I have hereunto at my hand antl affixed the facsimile at of>aid corporation this 13th day of April 2010 E.con SEAL W SEAL ; D'X* Rr q oar 1953 t ZS Dexter R.Legg,Secretary S-09,74 DS 3'09 0`1 WEB PDP ACKNOWLEDGMENT OF SURETY COMPANY STATE OF .........New.Y.ock.) ss COUNTY OF ...Rassau.......) April 13.2010 Thomas Bean On this ................................before me personally came......................... to me know, who, being by me dulyy sworn, did depose and say; that he/she resides in Suffolk County............. State of...., New York _, that he/she is the Attorney-In-Fact of the .............. Safeco Insurance.Company of America ...... ,.,the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section I I I I of the Insurance Law of the State of New York, issued to... Safeco,lnsuranee CompanyofAmerica,,,,,,,,,,,,,,(Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. - GRACE AMERSON No Public "dwy ale.State of New York No.OIAC6111590 Qualified in Naa'Sau County Commission Expires June 14,2012 NY acknowledgment SAFECO INWRANCECTAIPANY (A %MFRK ,A FJNA\CIAl.Sl A I VAIVN I —DE( FAIRLR 31,20118 AMOS LWWMds I lank J)oa,is S .1.61'163 '50 1'11 Cu III d Premum;.. % 66bhol)XV 11359352 h0w,c lar Uknanis and(Way I wenw 157AC46' F.....1,1 ledd 1indci Ron......1, 40)9-9 A W,,, Hood, 2,153,9jw3Q Rtwsne ur llis tdcnAsm Pahcs hnldms A to I W15 'Sanck :61831749 vidili,�llal Stduoon Rc>o, Kea I 'tale ... 0 Rce c I se 1,e C(n not m;ions. I'as C,and I 0111" 1 iabilhii5.. 911 ; ON A�on� Balat"', ,,tI,"dj,j,j 11............ 5,7_'1601111 1 ot, M..I——I...I . .11, ..., — . QW401171 loto'l and!pon, 14031 369 spacial S...plu,funds. -,.304 tow Otlt , Adnntic,[4,w15 4101,°X4 (apli)Slack_ sJ)POODO Pad an knon 310.1 Wat I loa,opacd Swpho, I Iola[ Admitted t, ............... S}',1? SOH Surplus to Polivallalden.......... ......... 769 825,437 'fatal Liabilities and Surplus.........................-- 111512MIlab It od,arc antal at anwili,d o; it,,CsInneld I Our.Stock,at A'i... all,n) NLIJU \alit" SEAL Senn Tics Ln,Wd at$113084122 am dep shed as Nquimd fx v\ a� 1993 Of vASM I. 1 A! WKWARIA SKI or SAHTV Insumixt,Cumpins nFAmerwa,do hcI cciWv that the I...eguine I, a aur_and oa7e,l talolloof of the Amos sad I mblaws aFmcl Camoratiow as ollkwonbc, 31.20;1X.W the best of me knum InIge and belief. IN \tt;INI--SS \A IILREOF. I lam c huwnw so m) hand and alf"J M seal nt ,.k,d(-o,po,ah.a it Wi,hin�aio. On, I-a d,, M NI.a.1h, 2009 Du 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: SA�1•L C&,. rr-,o.l of CA L� 1 63 t3, Cooc SPa�ac� leo. 2. CONTRACTOR'S Telephone Number: ( CPS fa ) S-111-?_WV Facsimile Number: STA. 2{`1, E-mail address 6914 x1Z 3Aicew.Wr.eaK 3. CONTRACTOR'S License: Primary Classification A- 1�paraeaao2 State License Number(s) 170in t Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety SAT=ero =35) aAC Con.oweti Or. �•tcn+cg Address ioot -4T= Ava, errt�t WA q8-ISA - Surety Company Agent 'Taon.As 86k.1 Telephone Numbers: Agent(.Vice )-41,4-114CR Surety( 204) S'-4.T-3'000 5. Type of Firm (Individual, Partnership or Corporation): L.miraro laaera�asreP 6, Corporation organized under the laws of the State of: -AAisLnoa-1 - 7. List the names and addresses of the principal members of the firm or names and titles of the principalofficersof the corporation or firm: p eta Mme. fOM ��4A�r4 MAJ H&, R OYLLT ��r eOld�� G�kA.R.rtka V&cw.C,Npaa.ah.+ - 10% C00� SAprJOY lto. f01 N. Gamy 9-mAr,c l-o. Pao , b33Gc. tyKAL.oa X40 ( UE-Cc ka- $s¢onz f- S„a.. Sa. h1R. 53 41. µ!A_T?_ Pnas,orK VkC4 paeafns-rs- (03 AI. Coo.- Sty¢, wb Ro . 103 N. G� SIRvW&s P-A. O'�4t,-0a tAQ (o3Sf.(x C'1'ly/4ta oa o Hydraulic Capacity Project#1 -Sewer Rehabilitation BIDDERS GENERAL INFORMATION _ a:w9290v34-09290-100o21WordproC)MftS Wcl113NWd Ge "Jnfo.door BID FORMS BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this spec type of construction work: 9. List at least three related projects of comparable size and complexity completed to date- s" krr-A c1{,-o rrnuoaevr 1. Owner Address Contact Class of work Phone (_) Contract amount Project (_) 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: 'Sc.FF �itto 1�R.ot�� �NGNs�sll 11. Is full-time supervisor an employee (11-5 OR contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. Hydraulic Capacity Project#1 —Sewer Rehabilitation BIDDERS GENERAL INFORMATION P1092901134-09290-100021WwtlproDraas\$pact\13 Udder Genmf Mo.dc BID FORMS AA%kk SAK 103 North Cool Springs Rd. O'FCONSTRUCTION,LLC s: ( M0633 Bus: (633 6) 379-235050 PIPE REL CONTEI TOR Fax: (636) 379-2461 qftbv TUNNEL CONI R4CTOR Tunnel&Pipe Rehabilitation Contractor SAK Construction, LLC (SAK) is a company formed in January 2006, comprised of an experienced team, well-known in both the pipeline rehabilitation and tunneling industries. Our core pipeline rehabilitation focus is cured-in-place pipe (CIPP). Although a relatively new entity, SAK possesses the experience, expertise, and resources to operate a successful construction company, executing pipeline rehabilitation and tunneling work to the satisfaction of our customers. Company Headquarters Our 21,905 square-foot headquarters and CIPP wet-out facility are located near St. Louis, Missouri, approximately 20 miles west on 1-70 from Lambert St. Louis Airport. The address and contact information is: SAK Construction, LLC 103 North Cool Springs Road (636)379-2350 Telephone O'Fallon, Missouri 63366 (636)379-2461 Fax Capabilities • Cured-in-place pipe lining—6"to 96" diameter(sewer); 6"to 12" diameter(water main) • Tunneling—4 foot diameter to 32 foot arch • Large Diameter Sliplining(36" pipe and above) • Water Main Rehabilitation utilizing spray on linings and close-fit polyethylene • Manhole and Structure Rehabilitation (Florida) • Shotcreting, Grouting and Crack Sealing • Sewer Cleaning &CCN Inspection • Laser Profiling Bonding Capaciri SAK Construction has a minimum of$70,000,000 bonding capacity through Liberty Mutual Insurance. Licenses (where required) Alabama 42995 Arizona 246314 Arkansas 0194570309 California 917811 (SAK Construction of CA LP) Florida CUC1224641 (d/b/a Missouri SAK Construction, LLC) Georgia UC301933 Louisiana 49267 Nevada 0071272 South Carolina G114041 Tennessee 00061862 Utah 7280543-5551 Virginia 2705126032A 1 103 North Cool Springs Rd. SAK CONSTRUCTION;LLC M0 633 Buus:s:O'F ((633 6) 379-235050 pE qftbpr PUNNKABIINTRA R Fax: (636) 379-2461 TUNNEL CONTRACTOR Tunnel&Pipe Rehabilitation Contractor Management and Key Personnel/Experience Tom Kalishman—Chairman • Chairman SAK Construction; 2006 to Present • Board of Directors, Insituform Technologies, Inc. (ITI)from 1998 to 2005. • President of United Pipeline Systems (ITI subsidiary) in 1998. • Director of East Regions, ITI 1997 to 1998. Business unit annual revenues exceeding$150mm. • General Manager Southeast Region ITI from 1996 to 1997. • Operations Manager Southeast Region ITI from 1994 to 1996. • MBA Northwestern University; Evanston, IL. • BS in Economics, Wharton School at the University of Pennsylvania. Jerry Shaw—President • President SAK Construction; 2006 to Present • 30 years experience in the tunnel and pipeline rehabilitation industry. • Vice President of Affholder, Inc. (ITI tunneling subsidiary)for 18 years from 1987 to 2005. • Day to day management of$25mm tunneling business which grew to$120mm annually. • Project manager of various tunnel projects 1983 to 1987. • BS Business Administration, Southwest Missouri State University (now Missouri St. Univ.). Robert Affholder—Vice Chairman • Board of Directors and Executive Vice President, Insituform Technologies, Inc. 1995 to 2005. • Board of Directors and President, Insituform Mid-America from 1986 to 1995. • Formed Affholder, Inc. in 1968 to compete in the tunneling industry. Purchased first Insituform franchise in 1982,and took the company public as Insituform Mid-America, with Affholder, Inc. and six(6) Insituform franchise territories becoming wholly owned subsidiaries. Company revenues exceeded $125 million. • 1996 Trenchless Technology Person-of-the-Year. • 1995 key facilitator of merger between Insituform Mid-America and Insituform Technologies, Inc., resulting in his being put in charge of all North American contracting for the corporation. • President of Affholder, Inc.from 1968 to 2002. Jack Lynch—Safety Director • 33 years experience working as a safety manager for firms such as Affholder, Inc. and Insituform, and joined SAK as Safety Director in May 2009. • Extensive training with OSHA guidelines, has Confined Space Training and Certification. • Jack has designed, built,and implemented safety programs and training for both tunneling and CIPP installation crews. 2 AAftllh� SA K 103 North Cool Springs Rd. O'Fallon, MO 63366 CONSTRUCTION,LLC Bus: (636) 379-2350 FIVE REHABILITATION qftbv TUNNEL Fax: (636) 379-2461 CONTRACTOR CONATION AND Tunnel&Pipe Rehabilitation Contractor • Mine Safety and Health Administration Certification • Occupational Safety and Health Administration Certification • American Red Cross First Aid/CPR (CPR Instructor) • Member American Society of Safety Engineers • National Association of Safety Professionals (Certified Safety Manager) Boyd Hirtz—Vice President and General Manager,CIPP Division • 22 plus years in the CIPP and tunneling industries. • Area Manager for Affholder, Inc. (ITI subsidiary) from 2003 to 2006 • General Manager/Vice President for Insituform Technologies, Inc.from 1997 to 2002. • Responsible for all day to day operations for central Midwest for projects ranging in size up to $8 million, with annual central Midwest revenues of$35 million. • CIPP operations and project management. • BS in Civil Engineering from University of Missouri-Rolla. • Professional Engineer registered in the State of Missouri. Steve Hirtz—Vice President Rehab Operations • 25 years experience.in the tunneling and pipeline rehabilitation industry • General Manager for Mid America Pipe Services from November 2007 to May 2009. Responsible for the day to day operations of the pipeline cleaning, CCN Inspection and Assessment work done by the Company's crews. • Director of Field Operations for Insituform Technologies, Inc.from June 2004 to November 2007. Responsible for North American Field Operations of 65 crews producing$300 million in revenue annually. • Senior Operations Manager for Insituform Technologies West Coast Operations from March 2000 to June 2004. Responsible for day to day field operations for the West Coast based in Benecia CA. • Operations Manager for Insituform Technologies/Insituform Mid-America from March 1990 to March 2000. Responsible for the day to day field operations for the Midwest based in Chesterfield MO. • Superintendent for Insituform Mid-America from 1985 to March 1990. Directly managed pipe rehabilitation crews in the Midwest. Steve Stulce—Chief Financial Officer • CFO SAK Construction; 2007 to Present • 15 years experience in the tunneling and pipeline rehabilitation industry. • Business Unit Controller for Maverick Tube, Inc.from May 2005 to 2007. • Managed all financial aspects of an$800 million business unit of a steel pipe manufacturer with total annual sales of$1.6 billion. 3 'dft` SAK 103 North Cool Springs Rd. O'Fallon, MO 63366 CONSTRUCTION,LLC Bus: (636) 379-2350 PIPE REHABILITATION AND Fax: (636) 379-2461 TUNNEL CONTRACTOR Tunnel&Pipe Rehabilitation Contractor • Business Unit Controller for Affholder, Inc.from 1999 to 2005. Senior management role with responsibilities for budgeting, forecasting, cash flow, payables, and receivables. • BS in Accounting from the University of Missouri-Columbia. • Member, Certified Public Accountants Casey Smith—Area Manager,West • 15 years experience in the CIPP industry. Joined SAK during September 2008. • Director of Construction Operations,Torrent Resources, Inc.—Phoenix, AZ;August 2006 to September 2008. • District General Manager, Insituform Technologies, Inc.—Phoenix,AZ; September 2004 to August 2006. Profit& loss responsibilities for a$37mm/year business unit. • Lead negotiator on$111mm in construction contracts during a 4 year period. Reviewed and approved all estimates and bids. • Project Executive, Insituform Technologies, Inc.—Phoenix,AZ;August 2002 to September 2004. • Managed Insituform's 2003 Project of the Year in Phoenix, with the scope including the CIPP rehabilitation of 10,200 feet of 90" RCP, 120mgd bypass, cleaning, manhole rehab and traffic control in 72 days with a contract value of$10.2mm. • Director of Operations- Europe, Insituform Technologies, Inc. - Paris; Sept. 1999 to July 2002. • Training Manager, Insituform Technologies, Inc. —September 1997 to September 1999. • Designed and built$1mm Corporate Training Center in St. Louis, MO. Created, structured and implemented centralized, companywide training program. Trained 250 people per year. • Senior Project Engineer, Insituform Technologies, Inc.—Memphis,TN and St. Louis, MO; May 1992 to August 1997. • BS in Civil Engineering, Southern Methodist University; Dallas,TX James Byrd—Senior Project Manager,Tunneling • 30 plus years experience in the tunneling industry. • Area Manager for Affholder, Inc.from 2003 to 2006. • Responsibility for performance on multiple tunneling projects ranging in size up to$70 million. • Project Manager for Affholder, Inc.from 2000 to 2003. Responsible for management and construction of soft ground & hard rock tunnels ranging in size from $500,000 to$22 million. • Superintendent for Seven K Construction from 1995 to 2000. • BS in Civil Engineering, Texas A&M University. Jeff Oberhofer—General Superintendent • Joined SAK in June 2008. • 24 years experience in the pipeline rehabilitation industry with CIPP. • Operations Manager for Insituform Technologies, Inc. based in Phoenix, AZ 2007 to 2008. • Responsible for crews operating for Insituform in Arizona, Nevada, and Southern California. 4 '9ftk SA K 103 North Cool Springs Rd. O'Fallon, MO 63366 CONSTRUCTION,LLC Bus: (636) 379-2350 PIPE REL BILITATION CONTRACTORD Fax: (636) 379-2461 qftbpr TUNNEL CONTRACTOR Tunnel&Pipe Rehabilitation Contractor • General Superintendent for Insituform Technologies, Inc. based in Phoenix, AZ 2001 to 2007. • Extensive large diameter CIPP pipe rehabilitation operations management, as well as extensive experience in bypassing sanitary sewer flow in conjunction with these operations. • Began as a laborer with Insituform in 1984 and progressed in achieving increasing levels of responsibility until he became a General Superintendent in the late 1990's. Jason Laney—CIPP Superintendent/Installer • 12 years experience in the pipeline rehabilitation industry with CIPP. • Superintendent/Installer for Insituform Technologies, Inc.from 2001 to 2007. • Responsible for crews daily operations on projects throughout the Midwest. • Foreman for Insituform Technologies, Inc.from 1999 to 2001. • Crew member for Insituform Technologies, Inc. from 1996 to 1999, duties included TV Technician and Lateral Lining Foreman. • Supervisor experience installing 6-to 72-inch diameter CIPP. • Foreman/Crew Member on the 2002 Trenchless Technology Project of the year—Phoenix Salt River Outfall CIPP. Jeff Hirtz—CIPP Superintendent/Installer • 12 plus years experience in the pipeline rehabilitation industry with CIPP. • Superintendent/Installer for Insituform Technologies, Inc.from 2004 to 2007. • Supervisor experience installing 6-to 84-inch diameter CIPP. • Responsible for crew's daily operations on projects throughout the Midwest. • Shop/Wet-Out Foreman for Insituform Technologies, Inc.from 1996 to 2004. Troy Bradshaw—Lead Estimator,Tunneling • Senior Estimator for Affhoider, Inc.from 2004 to 2007. • Special Projects Superintendent for Affholder, Inc.from 2002 to 2004. • Estimator and Scheduler for S.A. Healy from 2000 to 2002. • Estimator for Kiewit Underground from 1999 to 2000. • Tunnel Superintendent for Kiewit Underground from 1998 to 1999. • Worked in various positions from a tunnel miner through the Superintendents role for various companies from 1978 to 1998. Charlie Kuhnmuench—Vice President Business Development • 10 years experience developing business and working with clients on solutions minimizing surface disruption in the CIPP pipeline rehabilitation industry. Joined SAK in January 2008. • Sr. Business Developer for Woolpert,specializing in Water Management service. State, Local and Federal market client development and acquisitions. 5 SA K 103 North Cool Springs Rd. O'Fallon, MO 63366 CONSTRUCTION,LLC Bus: (636) 379-2350 `i PIPE REHA9IUTATIONAND Fax: (636) 379-2461 TUNNEL CONTRACTOR Tunnel& Pipe Rehabilitation Contractor • Vice President Hanneke Hardware & Industrial Supply. Responsible for leadership of business development team & marketing for a multi-store hardware and industrial supply business, serving the St. Louis construction market. • Global VP Business Development& Marketing for Insituform Technologies, Inc.,June 2004 to May 2005. Responsible for the leadership, strategic communication and skill development of the domestic and international sales and marketing staff comprised of 68 people. • Director of Sales& Marketing, Insituform Technologies, Inc.from January 2002 to June 2004. • Director of Strategic Accounts, Insituform Technologies, Inc.from January 2001 to January 2002. • Central Region Sales Manager, Insituform Technologies, Inc. from January 1999 to January 2001. • Technical Sales Representative, Insituform Technologies, Inc. from March 1997 to January 1999. • BS in Business Administration, University of Missouri; Columbia, MO Jack Boatman—Business Development • 14 years experience in business development, business management, community development, human resources, safety and training in the pipeline rehabilitation industry. • Vice President Business Development, Insituform Technologies, Inc.from 1998 to 2005. • Vice President Human Resources, Insituform Technologies, Inc.from 1994 to 1998. • 27 years with McDonnell Douglas in various engineering and upper management positions. • MBA Webster University; St. Louis, MO • BS Electronics Engineering,Tuskegee Institute;Tuskegee,AL • Member—National Forum of Black Public Administrators • Economic Advisory Committee—City of Pritchard,AL Gordon Marshall—Business Development • Joined SAK in August 2008. • 19 years experience in the CIPP pipeline rehabilitation industry understanding issues and problems municipalities have with underground infrastructure and finding solutions. • Business Development Manager, AUI, LLC from May 2007 to August 2008. Responsible for developing business in the Southeast for a regional supplier of SSES type work for Municipalities. • Vice President Business Development&Training, MBDi (Mastering Business Development, Inc) from April 2006 to May 2007. Grew the business through cold calling and asking existing clients about issues they face in growing their business through their BD force,then leading their training in process and system. • Area Director Business Development, Insituform Technologies, Inc. from August 2003 to April 2006. Responsible for revenue and margin growth, also the leadership, training and development of the southeastern sales team. • Technical Sales Representative, Insituform Technologies, Inc. August 1986 to August 2003. 6 SAK 103 North Cool Springs Rd. O'Fallon, MO 63366 CONSTRUCTION,LLC Bus: (636) 379-2350 PIPE REwBiLTAnONAND Fax: (636) 379-2461 TUNNEL CONTRACTOR Tunnel&Pipe Rehabilitation Contractor Joe Huffman—Business Development • Joined SAK in November 2008, and is responsible for Business Development in central and western Missouri and eastern Kansas. • 17 years experience in the CIPP pipeline rehabilitation industry working with municipal clients, consulting engineers and contracting partners to fix underground infrastructure problems faced by municipalities. • From July 2007 through October 2008 served as Business Development Manager for TREKK Design Group. TREKK provides comprehensive services for evaluation, condition assessment, diagnosis and rehabilitation of sanitary and combined sewer systems. • Business Development Manager for Insituform Technologies, Inc.from July 1990 to April 2007. • Insituform Salesman of the Year for North American Division in 1997, 1998, 1999, 2000, 2001, 2004& 2005. • Member of the Missouri Water Environment Association (MWEA), Kansas Water Environment Association (KWEA), and American Public Works Association. Received the Golden Manhole Award from MWEA in 2002 and from KWEA in 2001. • President of the Engineers' Club of Kansas City 1996-1997. Tim Bussen—Project Engineer • Joined SAK in September 2007. • Estimator and Engineer responsibilities for projects throughout the Midwest U.S. • Responsibilities include jobsite surveys; project estimating,workload forecasting, bid preparation, submittals, project scheduling and project closeouts, and communication with client representatives throughout the project cycle. • Several years of field experience in hard-rock, soft-ground, and mixed-face tunneling with Affholder, Inc. as a laborer, and in CIPP pipeline rehabilitation as a Field Engineer with Insituform Technologies, Inc.—St. Louis, MO. • B.S. in Construction Management—Missouri State University. Cory Street—Project Engineer • Joined SAK in July 2008. • Estimator and project manager responsibilities for CIPP projects in the Southwest U.S. for SAK. • Responsibilities include jobsite surveys, project estimating, workload forecasting, bid preparation, submittals, and project scheduling and project closeouts. • 4 years experience in pipeline rehabilitation, specifically CIPP. • Experience includes various positions including laborer, field engineer, and project manager for Insituform Technologies, Inc. • B.S. in Construction Management from the Ira A. Fulton School of Engineering—Arizona State University. 7 SAK103 North Cool Springs Rd.( M06336 CONSTRUCTION,LLC Buus:s: (6633 6) 379-235050 PIPE PEHABILFax: (636) 379-2461 TUNNEL CONTRACTOR Tunnel&Pipe Rehabilitation Contractor Trenchless Experience SAK key personnel have installed millions of linear feet of cured-in-place pipe, and managed the installation of tens of millions of linear feet of cured-in-place pipe. SAK Construction, LLC is a relatively new entity, but our personnel are among the most experienced and well-known in the industry. Having formed the original Affhoider company in 1968, Robert Affholder(SAK Vice Chairman) and Jerry Kalishman (SAK Chairman Tom Kalishman's father) purchased their first Insituform license in 1982. They subsequently bought five (5) additional licensees for a total of six(6) licensed geographies: Insituform Missouri, Insituform Central, Insituform Plains, Insituform Texark, Insituform Rockies,and Insituform Southeast. This combined company, Insituform Mid-America, grew to become the world's leading installer of Insituform, with sales of$107 million in 1995 representing more than 40%of the total sales for Insituform Technologies, Inc. worldwide. Jerry Shaw(SAK President)and Boyd Hirtz (SAK Vice President and General Manager) were both employed and heavily involved throughout this time as installers and project engineers. In October 1995,the merger of Insituform Mid-America, Inc.and Insituform Technologies, Inc. was completed. This put Bob Affholder in charge of all North American contracting for the corporation,Jerry Shaw became Vice President of Affholder, Inc. (tunneling) and Boyd Hirtz became a Vice President and General Manager in the central Midwest for Insituform (CIPP). Two of our Installers/Superintendents,Jeff Hirtz and Jason Laney, have been employed in the CIPP industry since each joined Insituform in 1996. Jeff Hirtz worked in a shop labor role before eventually managing the wet-out(resin impregnation of the dry felt tubes)for the central Midwest,and then becoming a Superintendent/Installer from 2004 to 2007. Jason Laney was initially a crew member, before becoming a Foreman on a crew in 1999, and ultimately a Superintendent/Installer from 2001 to 2007. During these time frames they have each been involved in the installation of hundreds of thousands of feet of cured-in-place pipe. We were fortunate to have them join SAK in late 2007. Steve Hirtz recently joined SAK as Vice President of Rehab Operations. He is responsible for all Cleaning, CCN, and CIPP Field Operations. As shown above Steve has been in the industry for 25 years holding positions from Superintendent to General Manager to Director. He has been responsible for CIPP installations from 4 inches in diameter to 96 inches in diameter. He has also managed projects with extensive CCN inspection work as well as bypass pumping systems that were designed to pump in excess of 220 MGD. Jeff Oberhofer is a General Superintendent for SAK based in Phoenix, Arizona, responsible for our CIPP installation operations in the Western and Southwestern U.S. He started in the industry with Insituform in 1984 in Chicago, Illinois, moved to Phoenix in 2001 as a General Superintendent, and became Operations Manager in late 2007. We were fortunate Jeff decided to join SAK in June 2008, and bring his 24 years of CIPP operations experience to our team. As an organization our people have seen and done it with cured-in-place pipe. Working for municipal, private, military/government, and industrial clients installing cured-in-place pipe in sanitary and storm sewers of various materials, shapes and diameters from 6 inches to 96 inches. 8 103 North Cool Springs Rd. AmIft, SAK CONSTRUCTION,LLC us: (63 37 -2366 Bus: (636) 379-2350 PIPEREL CONTRACTOR qftbv Fax: (636) 379-2461 NNNEL CONTRACTOR Tunnel&Pipe Rehabilitation Contractor CIPP Liner Materials SAK provides a CIPP product that is a proven technology. We utilize AquaCureTM_Coated Felt Inversion Liner manufactured by Applied Felts, Inc., who, with its parent company, Rawson Textiles, has provided polymer coated felt tubes for use in the CIPP lining industry for more than twenty(20)years. Applied Felts is a registered ISO 9001:2000 company which has produced CIPP tube installed by more than 300 contractors operating in more than 30 countries. More than 60 million linear feet of Applied Felts product has been installed worldwide, of which 35 million linear feet has been successfully installed in the United States. Applied Felts was the sole supplier of coated felt materials worldwide until the late 1980s,when Insituform Technologies, Inc. began manufacturing their own coated felt CIPP tubes. SAK Construction, LLC is certified by Applied Felts to install their lining materials,follows their recommended installation procedures, and Applied Felts provides engineering support and technical assistance to its installers. Accompanying this document is a Qualification & Process License Certification from Applied Felts, Inc.for SAK Construction, LLC, along with literature on Applied Felts' AquaCure'm, and a copy of Applied Felts ISO 9001:2000 Certificate of Registration. SAK utilizes cured-in-place pipe resins manufactured by AOC and Interpiastic leaders in the CIPP resin industry, and registered ISO 9001:2000 companies. The third party test results supporting the short- term and long-term performance of the resin products we install are available upon request. SAK installs cured-in-place pipe in accordance with ASTM F1216 for inversion and curing. 9 SAK CONSTRUCTION PROJECTS LIST AS OF FEBRUARY 3,2010 Total Percent Footage Project Name Owner SAK Client Contact Name&Telephone Footage Complete Complete Diameters Tremont Subdivision Sewer CIPP Repair Village of Godfrey,IL Village of Godfrey,IL Dennis Hartman;Village of Godfrey 1612 10096 1612 8" 618/4664319 Sanitary Sewer Rehabilitation at Eason Dr. Cry of Carbondale,IL City of Carbondale,IL Gary Belles;City of Carbondale 618/549-5302 3430 100% 3430 811,1011,15' 2007 Sanitary Sewer Improvements City of Osawatomie,KS Bates Utility Co.,Inc. Kris Bates;Bates Utility Co. 636/939-5628 37242 100% 37242 Grand Avenue Sewer Rehabilitation MSD St.Louis O.J.Laughlin Plumbing Co. Dan Laughlin;O.J.laughling Plumbing 250 100% 250 18" 636/225-0992 Sewer Rehabilitation City of Mt.Olive,IL City of Mt.Olive,IL Jesse Maynard,E.I.;HMG Engineers 4319 100% 4319 618/596-3711 Rehabilitation of Sanitary Sewers by Liner City of Lincoln/lancaster County,NE City of Lincoln/Lancaster County,NE Roger Krull;City of Lincoln,NE 4603 100% 4603 B",12" Insertion 402/441-]965 2007 Sanitary Sewer Improvements Buccaneer Bay SID No.5;Cass County,NE Buccaneer Bay SID No.5 Lucas Billesbach,E.I.;JED Consulting Group 2896 10096 2696 8" 402/9344850 2008 Sanitary Sewer Lining Program City of Davenport,IA City of Davenport,IA Brian Schmidt;City of Davenport,IA 563/327-5156 17408 100% 17408 8",10",12",14' Basin 17 Rehabilitation City of Jefferson,MO City of Jefferson,MO Eric Seaman,P.E.;City of Jefferson,MO 34458 100% 34456 573/63 6443 36",42" Sm.Clam.Sanitary Sewer Rehab-JOA 1,2, City of Phoenix,AZ AchenGardner Engineering,LLC Dan Broderick;AchenSardner Engineering,LLC 49136 100% 49136 8".10",12" &3-COP Project 410810[062 480/940-130D Pipestone Sanitary Sewer Lining 2008 City of Pipertone,MN Cry Scot Leddy,P.E.;Banner Associates,Inc.of Pipestone,MN 605/692-6342 10402 100% 10402 8",30" Contract No.4 Wastewater Collection Paducah-McCracken Joint Sewer Agency Paducah-McCracken Joint SewercY en John Hodges;Paducah-McCracken JSA System Rehabilitation 270/5]5-0056 12332 100% 12332 6",8",10",12" Jlmmerson Creek Rehabilitation Little flock Wastewater UtilityBuilding&Utility Contractors,Inc Kouresh Malek;Building&Utility Contractors 501/39]-2594 3837 100% 3837 Biglow/Bush Sewer Rehabilitation City of St.Paul,MN City of St.Paul,MN Patrick Lowery;City of St.Paul 34711 100% 34711 B",9",10",12",15",I8",20", 651/266-6251 21",24",77" Waterloo Sewer Rehabilitation City of Waterloo,IL Dry of Waterloo,IL Jesse Maynard,E.I.;HMG Engineers 618/596-3]11 370 100% 37D 8",24' 2008 Sanitary Sewer Sliplining City of Waverly,NE City of Waverly,NE Justin Stine;JED Consulting Group 3176 100% 3176 8" Improvements 402/4354110 B-inch CIPP Rehabilitation City of Scottsdale,AZ Western Waterworks Contracting Chuck Watkins;Western Waterworks Contracting 150 100% 150 8" 623/6]9-]420 IOC 99th Ave.I nterceptor Sewer Si phon City of Phoenix,AZ Quest Civil Constructors,Inc. Nick Mason;Quest Civil Constructors,Inc. 2]6 100% 2]fi 36",42" Structures Improvements 602/725-6286 24-inch CIPP Rehabilitation of Air Line at pima County,AZ Quest Civil Constructors,Inc. Scott Gossford;Quest Civil Constructors,Inc. 750 100% 750 24" the Roger Road Treatment Plant 520/88]-6011 SAK CONSTRUCTION PROJECTS LIST AS OF FEBRUARY 3,2010 Total Percent Footage Project Name Owner SAK Client Contact Name&Telephone Footage Complete Complete Olami Sanitary Sewer Rehabilitation landmark City of Pevely,MO City of Pevely,MO Jeff Huck,P.E.;Cochran 6924 10096 6924 Mobile Home Park 636/584-0540 Sanitary Sewer Collection System City of Baldwin,IL City of Baldwin,IL Travis Liefer,Rhutasel and Associates 11258 70% 7881 8" Rehabilitation 618/532-1992 Large Diameter Sewer Rehabilitation Little Rock Wastewater Utility Uttle Rock Wastewater Utility Keith Brown;little Rock Wastewater Utility 3450 100% 3650 18",24",42"48" 501/223-1520 Rehab of Sewer Mains by Lining& Abandonmentin Orange Grove/Hope Vl Mpbile(AL)Area Water&Sewer System Mobile(AL)Area Water&Sewer System GaryTillman;Burt-Kivirpeter,Inc. 5278 100% 5278 8",10",18",21" Area 251/342-3888 Nameoki Area Manhole and Sewer City of Granite Guy,IL City of Granite City,IL Steve Osborn;Juneau Associates,Inc. 25000 78% 19500 B",10",12",2261" Rehabilitation 618/8]]-1400 Allsop Rehabilitation little Rock Wastewater Utility Building&Utility Contractors,Inc. Kouresh Malek;Building&Utility Contractors 91 100% 9449 6",8",24",22"' 501/397-2594 Euclid/Edgewater Sewer Lining City of SL Paul,MN City of SL Patrick Lowery;City of SC Paul Paul,MN 651/266-6251 3220 100% 32260 21",24",21",33",48" Sunrise Estates Sewer Rehabilitation Boone County Regional Sewer District Boone County Regional Sewer District Andy'Uster;Boone Co.Regional Sewer District 5]3/441-0210 17142 100% 17142 8" 2009 Trenchle.Sewer Line Rehabilitation Oren Noble;Little Rock Wastewater Utility 0%Little Rock Wastewater Utility Little Rock Wastewater Utility 4936 10 6936 6",8",10"12" Work Orders 1&2 501/688-1452 Sm.Diam.Sanitary Sewer Rehab-JOA 4- City of Phoenix,AZ AchenGardner Engineering,LLC Dan Broderick;Achen-Gardner Engineering,LLC 19014 100% 19014 COP Project 410M00062 480/940-1300 Infrastructure Repairs FY2009 Phase II MSD St.Louis MSD St.Louis Ron Moore;MSD St.Louis 225087 40% 90035 6",8",10",12",15",18"21", 314/]68-6388 24",30',42- 2008 WMO Annual Sanitary Sewer City and County of Denver,CO City and County of Denver,CO Wayne Querry;City&County of Denver,CO 119854 56% 61358 8",30",12" Improvements-Contract No.CES0829 303/446-3641 CIDP Lining at the University of Arkansas University of Arkansas MedicalCenter Arkansas Cleaning&Televising Mickey Reese;Arkansas Cleaning&Televising 819 100% 819 10",12" Medial Center 501/68]-1610 CIPP Rehabilitation Express Scripts Campus MSD St.Louis Clayco,Inc. Collette Hermann Koscielso;Clayco,Inc. 400 100% 400 12- 314/592-2173 CIPP Rehabilitation-EI Dorado,KS City of EI Dorado,KS City of EI Dorado,KS Kurt Bookout;City of EI Dorado,KS 316/321-9100 096 7059 10 7059 Northern&91st Avenue Emergency Repair City of Peoria,AZ Quest Civil Constructors,Inc. Nick Mason;Quest Civil Constructors,Inc.02/725-6286 901 10096 901 24",36" DC-09 Sanitary Relief(SKME-655)Separate MSD St.Louis MSD St.Louis Ron Moore;MSD St.Louis 28414 7096 19890 6",B",10",12",15" Sewer Area 1/1 Reduction(900190) 314/768-6388 Proposal p7-09-UF Sewer Rehab Marshall(MO)Municipal Utilities Marshall(MO)Municipal Utilities Monte Chase;Marshall Municipal Utilities 575 10D% 575 60/886-6966 Camp Verde-Force Main Replace ]% SAK CONSTRUCTION PROJECTS LIST AS OF FEBRUARY 3,2010 Total Percent Footage Project Name Owner SAK Client Contact Name B Telephone Footage Complete Complete Diameters Sm.Clam.Sanitary Sewer Rehab-JOA 6- Dan Broderick;AchenGardner Engineering,LLC COP Project 4108/00062 City of Phoenix,AZ AchenGardner Engineerin&LLC 480/940-1300 11305 10096 11305 11 Seacoast Utility Authority-Annual Gravity Seacoast Util.Auth.;Palm Bch Gardens, Keith Haas;Seacoast Utility Authority Sewer Rehabilitation using CIPP-Work FL Seacoast Util.Auth.;Palm Bch Gardens,FL 561/627-2900 9597 111 7676 Order I Sunburst Farms Irrigation Water Delivery Sunburst Farms;Glendale,AZ Improvements to Sunburst Farms Dist Sunburst Farms;Glendale,AZ 602/938-8]60 2750 100% 2]50 Z4" Sm.Diam.Sanitary Sewer Rehab- City of Phoenix,AZ AchenGardner Engineerin&LLC Dan Broderick;AchenGardner Engineering,LLC 16628 DOM 16628 8",10",12" JOA]-COP Project 410MOM62 480/940-1300 Sm.Diameter Sanitary Sewer Rehab-JOA Dan Broderick;AchenGardner Engineering,LLC 8-C0P Project 4308100062 City of Phoenix,AZ AchenGardner Engineering,LLC 480/940-1300 1582] 5% 791 8" Sm.Diameter Sanitary Sewer Rehab-JOA Dan Broderick;Achen-Gardner Engineering,LLC 9-COP Project 410810006211W/9,10-1300 of Phoenix,A2 AchenGardner Engineering,LLC qW/9401300 8601 100% 8801 8",IZ" Johansen Construction,Inc.; Burris Road Sewer Interceptor Project City of Casa Grande,AZ Johansen Construction,Inc. Prescott Valley,AZ 374 3% 13 24",30",36" 928/772-2489 Johnson Co.Wastewater-CIPP Term& Joe Barnes;Johnson Co.Wastewater Supply Contract Johnson Co.Wastewater;Olathe,KS Johnson Co.Wastewater;Olathe,KS 913/715-8636 22472 046 0 Northern: 83rd Ave,to 91st Ave.-CIPP of Nick Mason;Quest Civil Constructors,Inc. 24" UT00293 Qty of Peoria,AZ Quest Civil Constructors,Inc. 602/725-6286 5121 11:10% 5121 24" 2009 Sanitary Sewer Maintenance;P.N.1- Olathe,KS Olathe,KS Ric Gere;Olathe,KS 9914 100% 9914 8",12" C-075-09,Contract 1 913/971-9119 Unified Government of Wyandotte Co., Jim Doggett;Unified Govt,of Wyandotte Co.,K3 NSRP Trenchless Sewer Repairs KS United Government of Wyandotte Co.,KS 913/573-5700 478 100% 478 8",12",15",36" Meadows Alta Parallel Project City of Las Vegas,NV Contri Conal.Co.;Las Vegas,NV Joe Pescio;Contri Construction Co. 1027 100% 1027 8",10",12",30- 702/458-6004 Sm.Diameter Sanitary Sewer Rehab-JOA Dan Broderick;Achen-Gardner Engineering,LLC 10-COP Project 4108100062 Qty of Phoenix,AZ AchenGardner Engineering,LLC 480/9401300 15846 SOD% 15846 8",10",12" City of Clinton,2009 Sanitary Sewer Qty of Clinton,MO City of Clinton,MO Clifflordan;City of Clinton,MO 10670 100% 10670 Repairs(CIP) 660/885-6611 CIPP Rehabilitation of 1525 LF of 15" Camden Water Utilities,Camden,AR Camden Water Utilities,Camden,All 0%David Richardson;Camden Water Utilities 1525 10 1525 15" SanitarySewer 870/836-7331 Village of Brighton 8"Sewer Rehab Village of Brighton,It Village of Brighton,It Tim Ferguson;Village of Brighton 925 100% 925 8" Indian School Rd Improvements-CIPP of City of Scottsdale,AZ Achen-Gardner Engineering,LLC Brian Froelich;AchenGardner Engineering,LLC 374 100% 374 24" 24"SRP(STA 20+26.4 To 24+@.5) 602/3]6-0103 Northern: 91st Ave.to 99th Ave.-CIPP of CiNick Mason;Quest Civil Constructors,Inc. 4051 10 36" 502/725-5286 Peoria,AZ Quest Constructors,Inc 602/7256286 096 4051 36" Greenbrier/lawson Cured In Place Sewer City of St.Paul,MN Ory of St.Paul,MN Patrick Lowery;City of SL Paul 6832 096 0 30",33",36",39",42',48", Lining Project 651/266-6251 54",60",72" SAK CONSTRUCTION PROJECTS LIST AS OF FEBRUARY 3,2010 Total Percent Footage project Name Owner SAK Client Contact Name&Telephone Footage Complete Complete Diameters 48"CIPP MSD St.Louis Bates Utility Co.,Inc. Kris Bates;Bates Utility Co. 100 100% 1110 48" 636/939-51528 10",15",18",24',2]", PPR 1112-Interceptor Rehabilitation 2009 Metro Wastewater Reclamation District Metro Wastewater Red.Dist.;Denver,CO 303/285-3422 Matthew Duncan;Metro Wastewater Red.Dist. 12281 1096 1228 8",30",36",39",42" Yavapai-Apache Sewerline Replacement Yavapai-Apache Nation Yavapai-Apache Nation Ken Fitzgerald;Sr.Field Emir,Indian Health Services 6000 100% 6000 8" Project,WA 05-09 480/592-0091 ext.237 Sanitary Sewer Rehabilitation Project- Marysville,KS Marysville,KS Rick Shain,Ory Administrator;Marysville,KS 2514 100% 2514 8" 2009 785/562-5331 Cretex Concrete-City of St.Joseph,MO City of St.Joseph,MO Cretex Concrete Products Midwest Steve Rowland,Cretex Concrete Products Midwest; 707 100% 707 36" 913/422-3634 Oryof St.Joseph,MO CIPP Project City Lenin,City of St.Joseph,MO 8",10",12",35',18",21", [y of St.Joseph,MO City of St.Joseph,MO 8115/271-484824--,27--,36" 66% 2895 24",2]",36" BNSF Railroad CIPP Rehab BNSF Railroad,Newton,KS Kissick Construction Company Jim Kissick;Kissick Construction Company 483 100% 483 816/363-5530 D8 Lee Water Reclamation Plant City of Melbourne,FL City of Melbourne,FL Mike Brink;City of Melbourne,FL 50 1W% 50 42" 5D LF of 42"Diameter CIPP 321/2554617 City of Belton,MO-CIPP Lining Ory of Belton,NO City of Belton,NO Dennis Hudson;Cry of Belton,MO 4703 7 % 3621 8,10",36" 816/331-7789 2008/09 Rehabilitation of Sa rite ry Sewer Roger Krull;Gry of Lincoln,NE by Oner Insertion City of Lincoln/Lancaster County,NE Cityof Lincoln/Lancaster County,NE tG2/"1-799S 16926 2% 271 81110",12" Basin 16 Rehabilitation Ory of Jefferson,MO City of Jefferson,NO Eric Seaman,P.E.;City of Jefferson,MO 39811 2% 637 573/634-6443 Cured-in-Place Line Rehabilitation 2009- Salt lake City Suburban Sanitary District Don Telford,P.E.;SLCSSD#1 Sal[Lake City Suburban Sanitary District Nl 12786 72% 9193 12",15",18" 2010 #1 801/262-2904 Scott MohrorP.E.;Banner Associates,Inc. Vermillion Sanitary Sewer Improvements City of Vermillion,50 City of Vermillion,SO 605/692-6342 13948 35% 4812 6",10",12",15 , Village of Albers Sewer Ll ring Village of Albers,IL Vi Rage of Albers,IL Jesse Maynard,E.I.,HMG Engineers 1580 100% 1580 8" 618/596-3711 Sa nita ry Sewer Improvements City of Son ng Hill,KS City of Spring Hi II,KS Julie Parker,Ponzer-Youngquist Engineers 5072 100% 5072 8",12" 913/782-0541 CIPP Lining of 8"Sanitary Sewer LJne on Bill Davis,Village of Palm Springs,FL Purdy lane at Rue Road Village of Palm Springs,F1 Village of Palm Springs,FL 561/965-5770 382 13% SO 8" CIPP Lining of 1115 E.Edwards Street 10" Eric Lance,City of Maryville,MO Diameter Sanitary Sewer Line City of Maryville,MO City of Maryville,MO 660/562-3713 507 100% 50] 10" City of Eldon-Collection System MO Stockman Construction Corp.; Luke Hake,Stockman Construction Corp. 1280 100% 1280 12" Improvements in Miller County City of Eldon, Jefferson City,MO 573/635-1316 Live Oak(FL)Sewer Rehab Ory of Live Oak,FL WRS Compass(Infrastructure& Troy Freed,WRS Compass 365M 72% 26426 6-,S",10-,12-,15-- Environment, ",8",SO",12",15"Environment,Inc.);Tampa,FL 989/213-0408 SAK CONSTRUCTION PROJECTS LIST AS OF FEBRUARY 3,2010 Total Percent Footage Project Name Owner SAK Client Contact Name&Telephone Footage Complete Complete Diameters Sanitary Sewer line Repair Protect 1 City of Pittsburg,KS City of Pittsburg,KS Bruce D.Remsberg,P.E.;Professional Engineering 23x55 6% 14]8 8",10",12",15"(footage includes Consultants 620/235-0195 2,019 If of pipebursting of 8") Wastewater G ravity Sewer Rehabilitation Ciry,of Tampa,FL City of Tampa,Fl Jim Greiner,P.E.;City of Tampa,FL 0 2% 0 by Cured-in-place Pipe(C.I.P.P.)Fy10 813/2748456 Walmart/O'Fallon 8-inch Sanita ry Sewer City of O'Fal Ion,MO Weis Builders,Inc.;Minneapolis,MN Buddy Hulbert;Weis Builders,Inc. 202 100% 202 8" Line Rehabilitation 612/243-S000 Proposed Interceptor Sewer Galesburg III-)Sanitary District Galesburg III-)Sanitary District Steve Bruner;Bruner,Cooper&Zuck,Inc. 3743 2% 67 10",18",24",27" Improvements 309/343-9282 Riverstone Apartments-8 inch line Price Development Group; Price Development Group; Monte Wendler,Price Development Group 200 0 8" Kansas City,MO Kansas Ory,MO 816/268-5880 Los Coyotes Water Reclamation Plant County Sanitation Districts of Los Angeles County Sanitation Districts of Los Angeles Michael Tai CSD of Los Angeles(CA) Interceptor Sewer Rehabilitation, County(CA) County(CA) 562/908-4288 ext.1623 10@5 1% 125 54",63",]5",]8" Phase II Total Footage Con Vatted/0e0ned 1061]3] 701424 PERFORMANCE BOND BOND NO.6641200 KNOW ALL MEN BY THESE PRESENTS, SAK Construction of CALP That 103 North Cool Springs'Road, O'Fallon, MO 63366 as Contractor, Safeco Insurance Company of America And 330 North Brand Boulevard, Glendale, CA 91203 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: Six Hundred Fifty Eight Thousand Seventy Five and 00/100 ($658,075.00) 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: HYDRAULIC CAPACITY PROJECT#1 —SEWER REHABILITATION CIP NO.7706 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 27th day of .April , 20 10 iCon clot AK Cor stn 'on o C , LP Surety Saf o Insurance Company of America By I By 11 2 Title V1 ce Si cje F Title Thomas Bean,Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Hydraulic Capacity Project#1 —Sewer Rehabilitation PERFORMANCE BOND r:wezemta�-oezeat000z�waaP�oren.tsttterert��.nmeaa,eoc� AGREEMENT AND BONDS ACKNOWLEDGEMENT FOR PRINCIPAL ACKNOWLEDGEMENT FOR PRINCIPAL IF LIMITED PARTNERSHIP STATE OF MISSOURI } COUNTY OF ST CHARLES } ON THE 29L' DAY OF ApWL_ 2010, BEFORE ME PERSONALLY APPEARED Boyd Hirtz TO ME KNOWN AND KNOWN TO ME TO BE THE Vice President OF SAK Construction of CA, LP. A LIMITED PARTNERSHIP, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED PARTNERSHIP. [:No"OMNI l ANOtery S tpuDNs•Notry 6Wf Missowi,st Louk Coo" mmission•09906519 Notary Public tary misslon Esyins Osc 14.2013 MIA(MA A TNAAa iaa2 lialaN-WO ristW vMun, $1110a M -waeatm m o5to 1?tZeoevo 1 ftflrze,mmcO Saleco Insurance Company of Amenca General Insurance Company of Amens POWER 100141hAvenue �1Ulttal OFATTORNEY Suite 1700 Seattle,WA 99154 KNOW ALL BY THESE PRESENTS: No, 13188 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ********RICHARD G.AVERY;THOMAS BEAN;KAREN BOWLING;GEORGE 0.BREWSTER,PETER F.JONES;SUSAN LUPSKI;GERARD S.MACHOLZ;CAMILLE MAITLAND;DIANA L.PARKER;ROBERT T.PEARSON;RITA SAGISTANO; Garden City,New York;KATHLEEN M.CRISTIANO;JOSEPH DOBKOWSKI,JR.;ADRIANNE SCALERA;Clark,New Jersey;RUSSELL M.CANTERBURY;JOANN DOMBROWSKI;MARION R.VAIL;Farmington,Connecticut********'** its true and lawful artomey(s)-in-fact,with full authority to execute on its behalf fidelity and surely bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st day of March 2009 Dexter R.Legg Secretary Timothy A.Mikolalewski,Vice President CERTIFICATE Extract from tie By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V.Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by he officer in charge of surety operations,shall each have authonly,to appoint individuals as attorneys-in-tact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On arty instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any pertificele executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V.Section 13 of the Bylaws.and (ii) A copy of the power-of-attorney appoimmonl,executed pursuant thereto,and (Iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seat of the Company may be a facsimile thereof." L Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and torted,and that both the By-Laws.the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 27th day of April 2010 Ctw�`� ��cf COMp,W SEAL W SEAL X a x a 1953 ,�r ✓a�ts2� A A�fOJ IWSM�'- Of Dexter R.Legg,Secretary S-0974ADS 3109 WEB PDF ACKNOWLEDGMENT OF SURETY COMPANY STATE OF .........New.Ynrk.) ss COUNTY OF ...I lassau.......) April 27, 2010 Thomas Bean On this ................................ before me personally came......................... to me know, who, being by me duly swom, did depose and say; that he/she resides in Yo Suffolk.County.......State of........e ..... that he/she is the Attorney-In-Fact of the Safeco Insurance Company of America ,,,the corporation described in which .... ........:......................................... executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation;and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York,has,pursuant to Section 1111 of the Insurance Law of the State of New York, issued to...Safeco Insurance Company of America............. (Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. GRACE ACKERSON Notary PUNIC,State of New York No.OIAC611MU ....... .... ..................... Qualified In Nassau Cuunty Pllb11C Commission Expires June 14,2012 NY acknowledgment SAFECOINSURANCE COMPAN'i OF A\I[:Rl('A %�u A Ilat FINANCIALS I At EMEN I —DECENIRFR31,21108 Assets Liabilities (a,h an,)Bank Deposits_..._.. . .............. S 267.361,750 Unearned Prendurn,.... S 666.600,985 'Bonds U S(joNernment ................-.............. B.359.352 ResciieltrC]�iiiiisazid(li,iiiisllxpcii,e.......... 1177.74,7.16' Funds lieldUnder Reinsurance treaties.. ......... 410.979 'Other!Sonde. . ............. ....... 2.353.906,195 Rcserre lor Lim k1clids to Pofic%holdos. . ...... 2.164.985 "Slacks .... ... 281.831,749 Additional Stalutonx Resenv. ......... Real Estate— .. ........ .... ............... 0 Reser,c lin Commissions. I axes and 0111c, I iabili(iQs......-... ............ 915381,361 Agcnts' Balancca or Uncollected Premiums.........___.557_'16.809 'I otal.................................................I........ 53,128.407,771 Accrued Interest and Rents 34.037369 Special Surplus Funds...... S 31,1199.995 Other Admitted ASWIS.............. .. ....... 411,517 784 Capital -........... . ..... 5,000.000 ]'aid in Surplus.............. -3163 18,109 t TnassiLned Surplus. . . 415 707.33 4 I(Ral Admitted Assets................................... S3,252,231 nM Surplus to Polic'yholders............................. . 769,825,437 "fatal Liabilities and surplus.............................. S.3,1152,233.21111 Bonds are stated at anionized or investment%alue:Stock.,at A,>ociati...i Nlarket Values Securities carried at$113,984,922 are deposited as required bs koi SEAL .195S &IVASMu I. 1 IM MIKOLUMSKI.Vice-President ol'SAFECO Insurance Company of America,do hereby certify that the foregoing is a nue.and correct statement of the Assets and Liabilifics of said Corporation,as of December 31.2008,to the best of my knowledge and belief. IN %N,j I N ESS WI W REW I have hereunto set my hand and allixed the sea]of said Corporation at Seattle,Washington,this I sl day M March.2009. AIM Vicc-Prcsident S 1262a M PERFORMANCE BOND BOND NO.6641200 KNOW ALL MEN BY THESE PRESENTS, SAK Construction of CA, LP That 103 North Cool Springs Road,O-Fallon, MO 63366 as Contractor, Safeco Insurance Company of America And 330 North Brand Boulevard,Glendale, CA 91203 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: Six Hundred Fifty Eight Thousand Seventy Five and 00/100 ($658,075.00) 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: HYDRAULIC CAPACITY PROJECT#1 –SEWER REHABILITATION CIP NO.7706 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 fumished, 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 27th day of .April —, 20 10 Con actor SA Col trSurety Sao co Insuranc uc, n of e Company of America By By 1 Title U 1 cc Sl dent Title Thomas Bean,Attorney-In-Fact (SEAL AND NOTARIAL. ACKNOWLEDGMENT OF SURETY) Hydraulic Capacity Project#1 –Sewer Rehabilitation PERFORMANCE BOND 1`092WW--002eafmanWm p. ren"1Su 1c 1BPnfa" .Bnddou AGREEMENT AND BONDS ACKNOWLEDGEMENT FOR PRINCIPAL ACKNOWLEDGEMENT FOR PRINCIPAL IF LIMITED PARTNERSHIP STATE OF MISSOURI } COUNTY OF ST CHARLES } ON THE al*"' DAY OF APPL-- 200 , BEFORE ME PERSONALLY APPEARED Bovd Hirtz TO ME KNOWN AND KNOWN TO ME TO BE THE Vice President OF SAK Construction of CA, LP, A LIMITED PARTNERSHIP, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT(S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED PARTNERSHIP. GRANT A ANDREWS Notary POWC•NotWy SW State of MWIMA,St Lads County Commission N 09908519 My Commission Expires DSC 14.2 013 otary Public ZW9NQNAA YNAHB tae.ynMrV-ntltlu'� ptain�t yM�n3 E�ooJ r� hvoaarM rn grKt,� f t?AOP,P4'� ae2B^mc+,,-, YOS b+ ��ii . _ ,.. ,P,' Safeco Insurance Company of America General Insurance Company or America POWER f0014th Avenue .��Lltlldl OFATTORNEY Sun.1110 Seattle,WA 98154 KNOW ALL BY THESE PRESENTS: No, 13188 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint 'x"..`"•RICHARD G.AVERY;THOMAS BEAN;KAREN BOWLING;GEORGE O.BREWSTER;PETER F.JONES;SUSAN LUPSKI;GERARD S.MACHOLZ;CAMILLE MAITLAND;DIANA L.PARKER;ROBERT T.PEARSON;RITA SAGISTANO; Garden City,New York;KATHLEEN M.CRISTIANO;JOSEPH DOBKOWSKI,JR.;ADRIANNE SCALERA;Clark,New Jersey;RUSSELL M.CANTERBURY;JOANN DOMBROWSKI;MARION R.VAIL;Farmington,Connecticut"""""'... its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 215t day of March 2009 Icor R.kj1 Dexter R.Legg,Secretary Timothy A.Mikolaiewski,Vice President CERTIFICATE Extract from tie By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and M GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary.and any Assistant Vice President appointed for that purpose by tie officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-tact or under other appropriate tides with authority to execute on behalf of the company fidelity and surety bonds and other documents Or similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided.however,that the seal shall not be necessary to the validity of any such instrument Or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions ofArticle V,Section 13 of the By-Laws,and (ti) A copy of the power-of-abomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-adorney appointment is in full force and effect, the signature of the certifying officer maybe by facsimile,and the seal of the Company maybe a facsimile thereof.- 1.Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resorution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant therein,are true and coned.and that both the By-Laws,the Resolution and the Power of Attorney are stili in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 27th day of April 2010 ' Cayt�� � ��CNIPORIITE �' B; SEAL W SEAL' e� gW �cfs Q' Of Dexter R.Legg,Secretary S-09744)S 3/09 WEB PDF ACKNOWLEDGMENT OF SURETY COMPANY STATE OF .........New.Yock.) ss COUNTY OF ...Nassau.......) April 27,2010 Thomas Bean On this ................................before me personally came......................... to me know, who, being by me dulyy sworn, did depose and say; that he/she resides in Suffolk County ..... State of.....New York that he/she is the Attorney-In-Fact of the SafecolnsuranceCompanyofAmerica............the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has,pursuant to Section 1111 of the Insurance Law of the State of New York, issued to....Safeco Insurance Cornpany of America.. ,,,,(Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. GRACE ACKERSON Notary PUDIIC,State or New York .............. /.................. No.01AC6111590 Public Qualified in Nassau County Commission Expires June 14, 2012 NY acknowledgment SAFECOINSURANCE COMPANY OF AMERICA FINANCIAL S I'AIEMENI—DECEMBER 31,200 Assets Liabilities (adiand Hank Deposits._.._....._.. ......— S 267363.75() Unearned Premium..._._......... S 666660.98i Bond, LI S(jo+ernment .... ...........................11.359.352 Resent for Claims and Claims I.xpense.. .... 1577.76216_ Funds ifeldunder Rciiisurzmccireatie,. .......... 430.979 'Oihc,Bond.,. ....... ...—...... 2353.906395Resent for IJiciJwds to 2.164.90 'Stocks 281.831.749 Additional Stawtory . ........ Real Estate—.......... ............. .......... .....-.-............ 0 Resent Jut Onionisions. I ass and Other Liabilities.......... ....... .......... Agents'Balances or Uncollected Premiums .............557.216.809 total.,.....I.....................................—.......I... 43,128,407,771 Accrued him-c,l and Rents 34.037.369 Spccial Surplus Funds...... S 3,399.99S Other Admitted Assets......._ ...... .... ....... 414517.784 Capita)sjov)'............................. i.frD0.000 ]'aid in Surplus.............-- ... .....3.16.1 MIUK Unassigned Surplus—, .—....... 115.107?3.t I o(alAdmitted Assets................................... S129J1U0% Surplus to Policyholders............................. . 769,825,437 "Fatal Liabilities and Surplus.............................. 5.1,952133.2 '� ' Bonds arc stated.d unwnizcd nr inrcatmcnt Alae:Sueks at Association Markel\':docs. CPp9 if Securities carried at$113.984,922 are deposited as required by I;m. SEAL .1951, OF w h'I IM MIKOLAAMSKI,Vice-President ol'SAFFCO insurance Company of America,do hcruby certify that the foregoing is it true.and correct statement of the Assets and Liabilities of said Corporation,as of December 31.2008,to the best of in) knowledge and Iwlief. IN WI'I-NESS W1 IUREOF, I have hereunto set my hand and affixed the seat of said Corporation at Sciatic,WtvhinVaon,this 1st day of March.2009. I Vice-President S.1262aMg PAYMENT BOND BOND NO. 6641200 SAK Construction of CA, LP KNOW ALL MEN BY THESE PRESENTS, 103 North Coo!Springs Road,O'Fallon, MO 63366 That Safeco Insurance Company of America, 330 North Brand Boulevard, Glendale, CA 91203asSurety, 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: Six Hundred Fifty Eight Thousand Seventy Five and 00/100($658,075.00) 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,sald 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: HYDRAULIC CAPACITY PROJECT#1—SEWER REHABILITATION CIP NO. 7706 NOW THEREFORE,if said Contractor,its subcontractors,its heirs,executors,administrators,successors, or assigns shall fall to pay for any materials, provisions, provender, equipment,or other 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 therefore,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 attorney's 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 under.the 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. jSIGNED AND SEALED,this 27thday of April 20 10 Co act Const con f C LP Surety Safe c nsurance Company of America By BY Title V 1 C e tF } 21.t Tittle' Thomas Bean,Attorney-In-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Hydraulic Capacity Project#1 —Sewer Rehabilitation PAYMENT BOND woezew ae oaxso.�comwaav"a.n.s �:P.y aim m.a"a AGREEMENT AND BONDS I ACKNOWLEDGEMENT FOR PRINCIPAL ACKNOWLEDGEMENT FOR PRINCIPAL IF LIMITED PARTNERSHIP STATE OF MISSOURI } COUNTY OF ST CHARLES } ON THE 29Z' DAY OF 2010 , BEFORE ME PERSONALLY APPEARED Boyd Hirtz TO ME KNOWN AND KNOWN TO ME TO BE THE Vice President OF SAK Construction of CA, LP, A LIMITED PARTNERSHIP, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED PARTNERSHIP. GRANT A ANDREWS Notary Public•NOWy Seal Stab o1 Missouri,St Louis County Commission•09908519 otary Public My Commission Expires Dec 14,2013 cVVIROVA A TORO -4fle klo!00 -1 qw,tai ?joi, It' it On In X00, la if.i ",,o; ,;a, I" V Safeco Insurance Company of America General Insurance Company of Amence POWER 10014th Averue AIU1tldl OF ATTORNEY Smte1700 Sedate,WA 98154 KNOW ALL BY THESE PRESENTS: No. 13185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint **.*****RICHARD G.AVERY;THOMAS BEAN;KAREN BOWLING;GEORGE O.BREWSTER;PETER F.JONES;SUSAN LUPSKI;GERARD S.MACHOLZ;CAMILLE MAITLAND;DIANA L.PARKER;ROBERT T.'PEARSON;RITA SAGISTANO; Garden City,New York;KATHLEEN M.CRISTIANO;JOSEPH DOBKOYVSKI,)R.;ADRIANNE SCALERA;Clark,New Jersey;RUSSELL M.CANTERBURY;JOANN DOMBROWSKI;MARION R.VAIL,Farmington,Connecticut****'****** its true and lawful anomey(sHn-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents � this 21St _ day of Marrch� 2009 Pot Aldi Dexter R.Leila,Secretary Timothy A.Mikolalewskf Vice President CERTIFICATE Extract from tie By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and M GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS_the President,any Vice President.the Secretary,and any Assistant Vice President appointed for that purpose by tie officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles With authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seat, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 2B,1970. -On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (t) The provisions of Article V.Section 13 of the By-Laws,and (ti) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in NII force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof.' 1,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are tme and correct,and that both the By-Laws.the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this day of 27th April 2010 �1,�,E COMpw v MvIza SEAL �j W SEAL, j�Xf �rl r 1953 ✓ x �" Jexa �tF�kMSMn'" % Dexter R.Legg,Secretary S-0974US 3/139 WEB POE ACKNOWLEDGMENT OF SURETY COMPANY STATE OF .........Nsw.Yock.) ss COUNTY OF ...Nassau.......) April 27,2010 Thomas Bean On this ................................before me personally came......................... to me know, who, being by me dui swom, did depose and say; that he/she resides in Suffolk County......, State of......,ew vork that he/she is the Attomey-In-Fact of the Safeco Insurance Company of America the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has,pursuant to Section 1111 of the Insurance Law of the State of New York, issued to....safeco Insurance Company of America ,(Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. GRACE ACKERSON Notary PUNIC, State or New York No.OIAC6111590 .........I ....r.. ..................... Qualified in Nassau County Public Commission Expires June 14,2012 NY acknowledgment SAFECOINSURANCECOMPANI OF A\I['Rl('A FINANCIAL.SIAIENIENI —ftli(I"Mill'1431,2008 Assets Liabilities Cash and Bank Deposits_......... .... ....I.............. S 267.363.750 Unearned Premiums......_.... 666.660.985 U S 00enrmnent ......................... ............. Resoic lift Claims and Claims Fxpenw............... 1577.'67:10' Funds Ifeld tinder Reinsurmee I reaties . , -... 4',0.971) 'Ocher Blinds........ .............. . .......... 2.353.906.395 Reserve lor Dividends to PobcNholdvis..... 2.164.9K5 *Stock.,, 281.8.31.749 Additional Statutory Resen e ........ Real I stae.__ 0 Reserve fin Ommiissions.lues and AL,int�'Balance,or Uncollected Premiums,.... ........�557.216.8og Other I iubililies......-.. ............. 915,383,361 total....................................................I...... S3,128.407,771 Accrued linenem and Rents 34,037.369 Special Surplus Foods, S 3,392995 Other Admitted Assets............ ...... ...... 44/517784 (aplo)slocK....- ' _.. ...... 5,000.000 Paid in Surplus............._........__.....3.10.118.1118 Unassiped Surplus..........__._.. 415307.33.1 1 olalAdmitted Assets................................... S3,252,213 m Surplus to Polic*yholders....................-....... . 769 825.437 "total Liabililius and Surplus.........I.................... W52,233.2 110nds anc slated at amortized or investment value:StoeLs at Association Market Values 0- Securities carried at S 111.984.922 are deposited as required lir lim SEAL do''`or vets I. FINI MIKOLAAAN'SKI.Vice-President of SAITCO Insurance Company ol'America.do hereby certif'y that the foregoing is a true.and correct statement of"the Assets and Liabilities of said Corporation,as of December 31.2008,to the best of my knowledge and belief. IN WITNESS WI WREOF. I have hertunto set my hand and affixed the seal of said Corporation at Seattle,Washington,this Ist day M March.2009 Vice-President S-1262a 3*9 PAYMENT BOND BOND NO.6641200 SAK Construction of CA, LP KNOW ALL MEN BY THESE PRESENTS, 103 North Cool Springs Road, O'Fallon, M063366 That Safeco Insurance Company of America, 330 North Brand Boulevard, Glendale, CA 91203asSurety, 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: Six Hundred Fifty Eight Thousand Seventy Five and 001100($658,075.00) 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: HYDRAULIC CAPACITY PROJECT#1 —SEWER REHABILITATION CIP NO.7706 NOW THEREFORE,if said Contractor,its subcontractors, its heirs,executors,administrators,successors, or assigns shall fail to pay for any materials, provisions,provender,equipment,or other 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 Tide 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 therefore, shall have compiled 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 attorney's 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 j suit brought upon this bond. i 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 said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 27th day of April 20 10 Contractor AK Con r ti n of C , L Surety Safeco surance Company of America BY / By Title Uite Q SidB�t Title Thomas Bean, Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Hydraulic Capacity Project#1 —Sewer Rehabilitation PAYMENT BOND w+.oexam�swexso-woox�woaP�am�sP«5��t r.y.,�am,d.a"« AGREEMENT AND BONDS I ACKNOWLEDGEMENT FOR PRINCIPAL ACKNOWLEDGEMENT FOR PRINCIPAL IF LIMITED PARTNERSHIP STATE OF MISSOURI } COUNTY OF ST CHARLES } ON THE 24* DAY OF APe — 2014. BEFORE ME PERSONALLY APPEARED Boyd Hirtz TO ME KNOWN AND KNOWN TO ME TO BE THE Vice President OF SAK Construction of CA. LP, A LIMITED PARTNERSHIP, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED PARTNERSHIP. GRANT A ANDREWS Notary Public-Notary Seat State of Missouri,St Louis County Commission N 09908519 N ary Public My Commission Expires Dec 14, 2013 Safeco Insurance Company of America General Insurance Gonmor,of America I-11)et'l� POWER 10014th Avenue �IL11L1d� OF ATTORNEY Sme1700 Seattle,WA 98154 KNOW ALL BY THESE PRESENTS: No. 13168 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint 'xx.."'RICHARD G.AVERY;THOMAS BEAN;KAREN BOWLING;GEORGE O.BREWSTER,PETER F.JONES;SUSAN LUPSKI;GERARD 5,MACHOLZ;CAMILLE MAITLAND;DIANA L.PARKER;ROBERT T.'PEARSON;RITA SAGISTANO; Garden City,New York;KATHLEEN M.CRISTIANO;)OSEPH DOBKD1vVSKI,JR.;ADRIANNE SCALERA;Clark,New Jersey;RUSSELL M.CANTERBURY;JOANN DOMBROWSKI;MARION R.VAIL;Farmington,Connecticut`"xx'`••... its true and lawful anomey(s)-in-fact,with full authority to execute on its behalf fidelity and surely bonds or undertakings and other documents of a SIMIZr character issued m the course of its business,and to bind the respedwe company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st day of March 2009 1AX*r 0"111 Dexter R.Legg,Secretary ThnothV A.Mikolaiewski,Vice President CERTIFICATE Extract from tie By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by hie officer in charge of surety operations,shall each have authority to appoint individuals as altomeys-in-fact or under other appropriate titles with authority to exacule on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, U1 The provisions of Article V,Section 13 of the By-Laws.and Gi) A copy of the Dower-of-atlomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in NII force and effect. the signature of the certifying officer may be by facsimile,and the seat of the Company may be a facsimile thereof." 1,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant lhensto,are true and correct.and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 27th day of April 2010 � E GPMp� oeeswlo'��4 �jMe W SEAL A � lkilOfs23,-. Dexter R.Legg,Secretary S-09741DS 3109 WEB PDF ACKNOWLEDGMENT OF SURETY COMPANY STATE OF .........New.Y.ock.) ss COUNTY OF ...Nassau.......) April 27,2010 Thomas Bean On this ................................ before me personally came......................... to me know, who, being by me duly swom, did depose and say; that he/she resides in Suffolk.County,.......State of.......ew York that he/she is the Attomey-In-Fact of the Safeco Insurance Company of America the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York,has,pursuant to Section 1111 of the Insurance Law of the State of New York, issued to....Safeco Insurance Company of America.............(Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. GRACE ACKERSON i Notary Public,State of New York No. 01AC6111590 Qualified in Nassau County otary Public Commission Expires lune 14,2012 NY acknowledgment SAFECO INSURANCE COMPAN't OF."IFRICA VINA\ClAt.S'1:A I EMEN I —DECENIIIER 31,21N1% Assets Liabilities Cash and Bank Deposits ... ...... S 267.363.75() Unearned Premium........... 666,1,60,985 *13"od, 11 S(jo,mment ....................... ............11.359,52 Kcser,c tier Claims and Clann,;Exticnse.. I-571767..16_' Fund.,,Held Under Rcinsuranc,, I realic, ... 410.979 •fnher 8,1114k, ....... ........... ...... ... 2.353906.395 Resene for Dividends it)llohc%hoMms-............ ...... IA64.9K5 'Slink. 281.8.31.749 Additional Statutory Resene, ...... Real I'stitte.... ...... ..... .......................... 0 Reser,c to. Commissions- I aNesand Agent,' llalancc�or Uncollected Premiums... ..........5i7.216.809 Other Liabilities....................................... 975 3%.1.3611 10131.....................................I..................... SJ,128.4017,7 71 Accrued lincic,t and Rents ..... ... 34,037.369 Special Surplus Finds...... S 3.3,99.995 other Admitted Assets.......... ...... ....... 444517,784 Capital Slock.-............... ............ i.000.000 ['aid in Surplus........................ 310.1 INJOK I nassigned Surplus............ 415,307.331 1 otal Admitted Assets................................... 91,952 73;70 Surplus to Policyhoklm.............................. 769,825,437 'total Liabilities and Sal-plus..........I................... 52 3.}40 Bonds are stated at amortized or investment value:Stocks at Associatitin Market Valucs, Securities carried at$113.984,922 are deposited as required by law, SEAL .1953 VA 1. 1 IM MIKOLAAMSKI.Vice-president ol'SAFECO Insurance Company oJ'Arnerica,do hereby certify that the foregoing is it true,and correct statement of"the Assets and Liabilities of said Corporation,w of Dectanber 31.2008,to the best ofiny knowledge and belief. IN Wl[NESS WI IVREOF. I have hereunto set my hand and allixed the seal of said Corporation at SCIIWC.WalhingtOn,this Isi day of March.2009. AIM A Uj Vice-President 5 1262a 309 Bid Opening Report Bids Opened April 19, 2010 at 2:00 p.m. Project Title Hydraulic Capacity Project No. 1 (CIP 07706) Project Engineer Joe Mankawich, Assoc Eng Pre Bid Estimate $980,000 Bidder j� Bid Amount Bid Bond/Addenda? 1. SAK Construction, LLC $ (a CJ7 0-7S l tl 2. Spiniello Companies $ TD � / Southwest Pipeline and Trenchless, $ 3 3. Corp 4. Repipe 5. Insituform Technologies, Inc. $ ��Q� , l z• S� y / I�� 6. / 1 2 3 4 $ 7. / 1_ 2 3 4 $ 8. / 1 2 3 4 9. / 1 2 3 4 Sign (1V Date 411to cc: City Clerk Staff(3) Project Department(3) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. 32400 PASEO ADELANTO �� {� MEMBERS OF THE CRY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493.1171 ,t/r SAM ALLEVATO (949)493-1053 FAX fy I INNITn LAURAFREESE FsnnusrD 1961 THOMAS W.HRISAR www.sanjuancapistrano.org 1776 MARK NIELSEN • • OR.LONDRES U50 TRANSMITTAL TO: SAK Construction 103 North Cool Springs Road O'Fallon, MO 63366 DATE: May 14, 2010 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Contract— Hydraulic Capacity Project No. 1 Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Joe Mankawich, Associate Engineer at (949) 487-4313. An original contract and escrow agreement is enclosed for your records. Cc: Joe Mankawich, Associate Engineer �• San Juan Capistrano: Preserving the Past to Enhance the Future `, Primed on 100%n=.cycle paper 103 North Cool Springs Road SAK O'Fallon, MO 63366 CONSTRUCTION 636-379-2461 AND NK rs HANLMATro 636-379-2461 Fax 1 UNNEL CON IN TC LETTER OF TRANSMITTAL FROM: SAK CONSTRUCTION OF CALIFORNIA, LP DATE: 4129/2010 TO: City of San Juan Capistrano JOB LOCATION: San Juan Capistrano, CA 32400 Paseo Adelanto JOB NAME: Hydraulic Capacity Project No. 1 San Juan Capistrano, CA 92675 Job 1130 SHIPPED VIA: ATTN.: Joe Mankawich Mail By Hand X Express Shipper WE TRANSMIT THE FOLLOWING: Fax DRAWINGS PLANS LETTER COPY PAY REQUEST CONTRACT SPECS SAMPLE X Other: Submittal FOR YOUR: X USE APPROVAL FINALAPPROVAL EXECUTION SIGNATURE REVIEW/COMMENT DISTRIBUTION NO COPIES DATE DESCRIPTION -FROM 2 4/27/2010 Performance Bond 2 4/2712010 Payment Bond 2 4/27/2010 Certificate of Insurance REMARKS: The bonds and insurance will be sent as soon as they are obtained. Please let me know if you have any questions. Thank you. COPIES TO: SINCERELY, SAK CONSTRUCTION, LLC tact .�Tzlch Barb Trende 5/4/2010 AGENDA REPORT D7 TO: Joe Tait, City Managed FROM: West Curry, Assistant Utilities Director SUBJECT: Consideration of Award of Construction Contract Hydraulic Capacity Project No. 1(SAK Construction, LLC) (CIP 07706) RECOMMENDATION: By motion, award the construction contract for Hydraulic Capacity Project No. 1 to SAK Construction, LLC, in the amount of$658,075; and, reject all other bids. SITUATION: Summary and Recommendation: At their meeting of March 16, 2010, City Council approved the plans and specifications and Notice of Determination for Hydraulic Capacity Project No. 1. The City Clerk released the Notice Inviting Bids on March 17, 2010, and on April 19, 2010, five bids for the project were opened publicly. The Bid Opening Report and Bid Comparison are included as Attachments 1 and 2 to this report. The low bidder, SAK Construction, LLC (SAK), has been performing large sewer rehabilitation projects throughout the country for the past four years. During that time they have installed over 700,000 lineal feet of cured in place pipe lining (CIPP). Most of their work has been performed in the mid west, but have recently completed a number of large lining projects for the City's of Phoenix, Scottsdale and Pima County in Arizona and for the City of Las Vegas. They have recently been awarded a large contract by the Los Angeles County Sanitation Districts. All references called gave SAK glowing recommendations. SAK has become one of the largest pipeline rehabilitation companies in the United States. Staff recommends award of the construction contract for the Hydraulic Capacity Project No. 1(CIP 07706) to SAK Construction, LLC in the amount of$658,075. Environmental Review: The City's Environmental Administrator has reviewed the project an has found it to be a Class 1 Categorical Exemption under Section 15301(b) "Existing facilities of both investor and publicly-owned utilities used to provide electrical power, natural gas, sewerage, or other public utility services" of CEQA. Agenda Report May 4, 2010 Page 2 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Utility Commission was updated on this project at their April 27, 2010, meeting. FINANCIAL CONSIDERATIONS: The fiscal year 2009/20010 budget for the Hydraulic Capacity Projects No. 1 & 6 (CIP #07703) is $3,198,043. Because these two projects involve significantly different types of construction staff suggests that they be broken apart. The work involved in Hydraulic Capacity Project No. 1 is more typical of sewer lining and rehabilitation projects covered under Sewer Preventative Maintenance - Major Repairs (CIP 07706). The current balance in CIP 07706 is $170,845. In order to keep like work together in an effort to plan for future funding, staff recommends transferring $660,000 from Hydraulic Capacity Project 1 & 6 (CIP 07703) to Sewer Preventative Maintenance — Major Repairs (CIP 07706), and add the work for HCP 1 to this project. Staff will soon be returning to City Council for approval of plans, specifications and estimates for Hydraulic Capacity Project No.6. Following City Council approval that project will be bid. Staff will return with a funding recommendation for HCP 6 at that time. NOTIFICATION: SAK Construction Spiniello Companies Insituform Technologies Repipe Southwest Pipeline Tetra Tech, Inc. RECOMMENDATION: By motion, award the construction contract for Hydraulic Capacity Project No. 1 to SAK Construction, LLC in the amount of$658,075; and, reject all other bids. Respectf ly Subb, fitted, Pre By, 2� West Curry Joe Mankawich Assistant irector of Utilities Associate Engineer Attachment: 1. Bid Results 2. Bid Comparison 3. Construction Contract Bid Opening Report Bids Opened April 19, 2010 at 2:00 p.m. Project Title Hydraulic Capacity Project No. 1 (CIP 07706) Project Engineer Joe Mankawich, Assoc Eng Pre Bid Estimate $980,000 Bidder �� Bid Amount B�iid/ Bond/Addenda? 1. SAK Construction, LLC $ (1N U� 07� 1 / FTf R;F 2. Spiniello Companies Southwest Pipeline and Trenchless, 1 / �j 3. Com $ ✓ $ 4. Repipe / j o3� "� `1 / 5. insitufornl Technologies, Inc. $ A74 �l �• / Ir �4'I $ 6. / FTJJ- 3 4 7. / FTTI_ 3 4 $ 8. $ 9. — Sign . _Sign (�� Date 41110 cc: City Clerk Staff(3) Project Department(3) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. ATTACHMENT 1 N H Z W 2 27-Apr-10 Q City of San Juan Capistrano Hydraulic Capacity Project No. 1 BID COMPARISON Q BID OPENING 2:OOPM April 19, 2010 Item SAK Insituform Southwest Spiniello No. Description Construction Technologies Pipeline Companies Repipe 1 Mobilization $ 15,000.00 $ 15,000.00 $ 10 000.00 $ 30,000.00 $ 30,000.00 2 Temporary Sewer Bypass $ 80,650.00 $ 100,000.00 $ 35,000.00 $ 35,000.00 $ 136,000.00 3 Cured in place - Pipe 21 Inch $ 43 710.00 $ 48,645.00 $ 91,650.00 $ 56,400.00 $ 47,940.00 4 Cured in place- Pie 18 Inch $ 43,740.00 $ 51 840.00 $ 97,200.00 $ 72,800.00 $ 59,130.00 5 Cured in Place- Pie 18 Inch $ 258,075.00 $ 220,612.50 $ 308,025.00 $ 230,580.00 $ 337,162.50 6 Sewer Lateral Sealing 8 Inch $ 37,600.00 $ 38,000.00 $ 35,000.00 $ 70,000.00 $ 38,000.00 7 Manhole Rehabiltiation $ 123,750.00 $ 112,500.00 $ 105,000.00 $ 150 000.00 $ 117,500.00 8 Traffic Control $ 25,400.00 $ 54,000.00 $ 15,000.00 $ 30,000.00 $ 2,500.00 g Siphon Rehabiftiation at Trabuco Creek $ 30,150.00 $ 45,000.00 $ 25,000.00 $ 50,000.00 $ 29,800.00 Total $ 658,075.00 $ 685,597.50 $ 721,875.00 $ 724,780.00 $ 798,032.50 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and SAK CONSTRUCTION, LLC hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit,the Designation of Sub-Contractors,the Contract which is prepared for execution by the CITY and the CONTRACTOR, the Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2006 Edition, including all Supplements, Contract Bonds,Resolutions adopted by the CITY pertaining to the work,insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor,material,equipment, transportation,and supplies necessary to perform and complete in good and workmanlike manner the construction of Hydraulic Capacity Project No. 1 in strict conformity with the Plans,Specifications and all other contract documents,which documents are on file at the Office of the City Clerk,City Hall,32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss ATTACHMENT 3 sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, One Thousand Dollars($1,000)per calendar day for each day delayed;provided that extensions of time with waiver of liquidated damages,may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract,as required by the laws of the State of California,on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%)of the amount of this contract and shall be conditioned on full and complete performance of the contract,guaranteeing the work against faulty workmanship and materials for a period of one(1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent(100%)of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. SIXTH, GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California,copies of the prevailingrato of per diem wages,as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he,or any SUB-CONTRACTOR under him,shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured,which such policies shall be of an amount not less than Two Million Dollars($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one(1) year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired,and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever,the CITY shall be notified by registered mail,return receipt requested,giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty(3 0)days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, Tetra Tech, its officers, agents,and employees from and against any and all claims,demands,loss or liability of any kind or nature which CONTRACTOR,its officers,agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of,or arising out of,or in any manner connected with the performance ofthe obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include,but are not limited to,the stipulation that eight (8)hours labor constitute a legal day's work and CONTRACTOR shall,as a penalty to CITY,forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight(8)hours in violation ofthe provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. If CONTRACTOR is not already enrolled in the U.S.Department of Homeland Security's E-Verify program,Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis- dhs.com/employerregistration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: Dr. Londres Uso, Mayor BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION ATTEST: Maria Morris,City Clerk APPROVED AS TO FORM: P Omar San Val, City Attorney This is EXHIBIT A,consisting of one page, referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR PROPOSAL 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: HYDRAULIC CAPACITY PROJECT#1 -SEWER REHABILITATION CIP NO.7706 Bidder accepts all.of the terms and conditions of the Contract Documents, including without limitation those in the Notice InvMng Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain.open for the period stated in the Notice Inviting Bids,unless otherwise required bylaw. Bidder will 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 Contract Documents. Bidder has examined copies of all the Contract Documents,including the following Addenda(receipt of which is hereby acknowledged): pp Number 1 Date F1m, .g0 20(o - Number 2- Date Acr1L, t2, 2010 Number 3 Date AP0.mL- 13, 200 Number Date$0✓i I H,2010 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,raquire 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 Prices)named in the aforementioned Bidding Schedule(s). Dated: ,Lt_i4* 41A(t) Bidd s.� o1= CAc By: ca (Signature) 13+1.6 i4%'rL - w Title: VGGC rDc`JT Hydraulic Capacity Project#1 -Sewer Rehabilitation PROPOSAL PAGE 1 PA09 a 1u-uateataMWm pma.rmtsa Mffld.a BID FORMS This is EXHIBIT B,consisting of one page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR BID SCHEDULE IRavria ed oar AddanduorB41 HYDRAULIC CAPACITY PROJECT#1 —SEWER REHABILITATION CIP NO.7706 ID Description stuntad Unit Unit Prim Extended Quan Prim Mobilization and Preparatory Workov <r 1 Cael exceed 5%of bid Nems 2.9 1 I S ULA- /�006 m 2 Temporary Sewer Bypass 1 LS (-. ) 3 Cured-In-Place-Pipe 21' 705 LF qlio '' 4 Cured4n-Place-Pipe 16' 810 LF •13-7440 5 Cured-In Place-Pipe 8' 8,325 LF ZSS 0 7 on 6 Sewer Lateral Sealing System for 8'Lateral 20 E4 tj'f (000 7 Manhole Rehabilitation 50 EA f 7S '� Z3 7573 8 Traffic Control,Public Convenience and Safety 1 LS rj �c� 0i) 9 Siphon Rehabilitation at Trabuco Creek 1 LS j ?jOIS TOTAL0152.VVC�e -SAk r,,, tyuc CicM 61 �obt . LP Name of Bkkler or Finn v '— Hydraulic Capacity Project#1 —Sewer Rehabilitation UNIT PRICE BID SCHEDULE rroezea+u-oax M0D(2wa4..wrs aero aaSrn � BID FORMS INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS — . As required under Section 4100,at seq.,of the Public Contract Code,Bidder shall list below the name and business address of each subcontractor who will perforin Work under this bid in excess of one-half of one percent of the Coritractor's Total Bid Price,and shall also list 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 listing of — more than one subcontractor for each Item of Work to be performed with the word§"and/or"will not be permitted. Failure to comply with this.requirement will render the Bid as non-responsive and may cause its rejection. ID Work to Be Performed License Number Subcontractor Name and dress _ �GtN�D� i`L�ryjOr� ��lli}�l GtC �7� �/nar YcS .f4 i'r+CrG� i g 77S3c�� r >l7 7 �pGn 9 GL—rV 4 �_ �Sb3to3£� yrd� cul Las AN�r, c# 9a sy 5 6 7 Hydraulic Capacity Project#1 —Sewer Rehabilitation LIST OF SUBCONTRACTORS P:wezamrs4-osuo-loaoziwabv.omftdsn.M+ioList asubed= BID FORMS NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State ofC**mta Nkssouan ) ss. County of Sr. "ots ) I, �?Q%0 4,&.rz being first duly swom,deposes and says that he or she is \/�rz to of SCK �gtyau�r oa pe CW 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,orthe 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 ar. LP By Bal 2 _ Title �f t Organization CJS �LP Address ' 103 AA. 6,pt_ SP¢.,ws �. P: [�s�) 37q.23so Hydraulic Capacity Project#1 —Sewer Rehabilitation NON-COLLUSION AFFIDAVIT _ PA09s 134-0 W.IODDZW. w %Sp.O%ilNwCollmron.m BID FORMS BID BOND KNOW ALL MEN BY THESE PRESENTS, SAK Construction of CA, LP That 103InNortah Cool Smprrirrs Rogad, 7O'Fallon, MO 63366 as Principal,and Safe T36 onh %rand eoulbv�ardTlendale CA 91203 .as Surety, are held and firmly bound unto The City of San Juan Capistrano,hereinafter called the"Owner`in the sum of Ten Percent of Proposal Price(10%of P.P.) dollars (not less then 10 percent of Die total anent of ilea 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 OHmer to perform the Work required under the aid Schadule(s)of the Owner's Contract Documents entitled: HYDRAULIC CAPACITY PROJECT#1-SEWER REHABILITATION CIP NO,7706 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 lvrflten 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 shalt be null and vohl,otherwise tt shall remain in full force and effect. In the event at*Is brought upon this Bond by said Owner,and Owner prevails,said Surety shall pay all costa Incurred by said Owner in such suit,Including a reasonable attorney's fee to be fixed by the court SIGNED AND SEALED,this. 13th day of April 20 10 K C structi o A, L L) (SEAL AND NOTARIAL c (SEAL) ACKNOWLEDGMENT OF SURETY) 1 SEAL:. (SEAL'. Safe nsuranoe Py of America rely) Thodi Beanstere Attorney-In-Fact - re) Hydraulic Capacity Project#1-Sewer Rehabilitation BID BOND(BID SECUR:?i F==+.l vaovisauo.rexro.�000xwmw,nuan..so.masue mamma 6 D F•i)I-a ACKNOWLEDGEMENT FOR PRINCIPAL ACKNOWLEDGEMENT FOR PRINCIPAL IF LIMITED PARTNERSHIP COMPANY STATE OF (sSoym } COUNTY OF Sr: Lew& } ON THE L-4TK DAY OF v— WD Q BEFORE ME PERSONALLY APPEAREI)Zg�o °+Z TO ME KNOWN AND KNOWN TO ME TO BE THE PlroO tjr OF SAK CONSTRUCTION OF CA, LP, A LIMITED PARTNERSHIP COMPANY, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT(S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED PARTNERSHIP. (A� FT A AWEWS � S utift-wtsry Sed Notary Public soud,St L**Coo* slon M omnisn Espine Dee 1!.40/8 Sslrca Inswance C.xnrwy of Anwrxa General Inwranr+Corot,+^v M Amenca j.I�3L 3'lY" POWER 100isin Aw w 1lltlllrl� OFATTORNEY 5''"!1700 3e.Ne,WA 981.9 KNOW ALLEY THESE PRESENTS: No 13188 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington ocrpwalwn,does each hereby appoint ........RICHARD G.AVERY;THOMAS BEAN;KAREN BOWLING,GEORGE O.BREWSTER;PETER F.JONES;SUSAN LUPSKI;GERARD S.MACHOLZ;CAMILLE MAI ILAND;DIANA L.PARKER;ROBERT T."PEARSON;RITA SAGISTANO; Garden City,New York;KATHLEEN M.CRISTIANO;JOSEPH DOBKOWSKI,JR.;ADRIANNE SCALERA;Clark,New Jersey;RUSSELL M.CANTERBURY:JOANN DOMBR WW];MARION R.VAII.;Farmington,Cohnecticut"I "xe*"* its two and lawful attorneys)-in-fact,wile full authority to execute on its behalf fidelty and surety bons or undenakings and other documents of a strutter character issued to the cmaso of its business,and to bind the hrAme ive companT thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents /hh1u 21st tlaY of yMarch _ 2009 �7P1 fisc jfA(� � j{I ll,l�w�i,u7-9�� . Dexter R.Lean,Se, wtery Timothy A.Mlkolalewski Viee President CERTIFICATE F.xtmG from lie By-Laws of SAFECD INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELI TY AND SURETY BONDS...the President,any Vice PMNdent,The Secretary,and any Assistant Vice President appointed for that purpose by tie officer in charge of surety Operations,shall each have authority to appoint individuals as atomeys-in-fact or under other appropnote lltea with authwily to exocWe on behet of the company fidelity and surety bons and other elmirmenls M similar character issued by 1111 company in the course of its business_.On any iriwunhent making or evidew g such oppdntmam,the signatures may to affixed by facsbmle. On any Instrument conferral;such auftfity or on any I.md or undertaking of the company, the seal. or a facsimile dharad, may be impressed or affixed w in any other manner reproduced: provided,however,that the seal shell not be necessary to the validity of any won instrument or undertaking," Extract from o Roadution of the Board Of Okecton,W SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL MSURANCE'COMPANY DF AMERICA Wooled July 2a.1070. 'Dn any certlticafe executed by the Secretary or an assistant secrelary d me Company sviting not, �) The provisions of Arsde V.Sa-cn 13 of the Ey-!. ,.an GO A Copy of the Power-d-alkxnly aPPoinlment„ezowted pursuant fheroto,and (iii) Caddying that said power-of-mom try appoinlrpent is in full fora and effect. the algnsture of the certifying officer may be by facsimile,an the seal of the Company may be a facsimile theieut” I.Dexter R.Legg ,Secretary o(SAFECD INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the E)-Laws an of a Resokaion of the Board or Directors of these corporations,and of a Power of Attorney Issued Pwsuam IheroW,are true ant coned.and that both the Sy-Laws.the Resolulion en the Power of Attorney are still in full force and effect. IN WITNESS WHFREOF,I have hereunto at my hand and of8sed the facsimile seal of avid corporadon this 13th day of April 2010 ECgY SEAL Z SEAA L � 1�'�' +�•' X t `atfa9 �✓-Awrol Dexter R.Legg,Secretary S-0979.c;3.119 WEB PI9F ACKNOWLEDGMENT OF SURETY COMPANY STATE OF .........New.York.) ss COUNTY OF ...Nassau.......) April 13.2010 Thomas Baan On this .....""....................... before me personally came......................... to me know, who, being by me duly sworn, did depose and say; that he/she resides in suffokC..o.unty,,,,,......, State of..... wthat he/she is the Attomey-In-Fact of the Safeco InsuranceCompanvofAmerica...........the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York,has,pursuant to Section 1111 of the Insurance Law of the State of New York, issued to...$afBe4.leSltrlOFe Cr4rPRa!!YRIAmOgy .............(Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. GRAMAtxER" No Public Nalco v Haellc,Stow or new mak Mo.ozAMILI o QuNfied In Nassau CM*V Goaaaankdon raprs lona u,mu NY acknowledgment SAFFC'01'%SLIIZ.-,NCEC'O',II'ANN (IF AMERRA FINANCIALS I A I FNIFN I Assets Liabilities (a,lian-I pallk ...... S 767.36.1.150 Uneannzd Prenuotim, 1 666660.991 'Bonds I -S Gto,eminent............................................13.359.352 1.577.'67A6? 4'ZIMPI) ............. Reset,c If),INN Wend,to Volic)hoftkr .. 2.16 INKS 'Stock-, .......................... 2111.931,749 AdditionalStatuton Re'e"V Real 1-1.11C............. ............. .. ............. URc.xerve lot Commissions. faxes and Miter I imbilifics......... 11-.. ­­1 Agent, Balance,or Uncollected Prendunie .. ....... 557.216,809 Total..._......................­11........................... ".1211,407,171 Accrued Inlerom and Itellis... ...........-..... ......... 34,03 73,fi() Siveiai Surplu,Fuluk. Ji 01ficrAdmillod Asset . ... .................... 41.7 51..7tl4 Caphal slock.............. Paid in Surplus__. V),I I A,I(IN I'nastigocd Surplus. 11;3013.111 I wat Admitted.%ssets................................... SAX9991211N Surplus to Policilholders............................ — 769,815,437 I,olul Liabilities mild.Surplus...... .................. iJ.95-1,233.2 Mindsarc slatedinamorli,edoi inNcsImcnI%aIuc.S:,u:ks to Associmi,mMarkci Value, SEAL 195.3 ®r.'sw' '* %""&:Nje L I'M MIKOLAWINSKI.Vice-president of SAFECO Insunince Company v of America. to haeliN cierilly that Ilse fimepoink is true,and correct statullivid of the Assets and I itflutitic,orsifid Corporation,as of December 31.RKES.to the hest of me knoevIctlitcand belief. IN WI INrRS WHEREOF. I him,c hereunto i:ct m) hand and 2i'lixed the scal ursaid Corpitralinn at Seattle.Washington.this 61 day of March.2009. Vice-President 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: - Sh1V_ of tom, . 1-P L03 /0. d0o4_ SPaaacs 1 . �1���a 1 Ma <u3�rCQ 2. CONTRACTOR'S Telephone Number. ( (PS fa ) Sill-2_WQ Facsimile Number: ITq•?A&1, E-mail address 6Nf2izLa 54kfwJ5T.caK 3. CONTRACTOR'S License: Primary Classification A- �.adfl241 �rlG,draED�dG �� cYLsatL State License Number(s) 9 eT Yt t Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Sa.FiScv SeJSueA-wry Coh.oe,&4 •R AOA&UcA Address toot -4t— Ava, r Surety Company Agent -i+oA4*.c 8ta�a Telephone Numbers: Agent(. iia )-414-91GS Surety( 2.6t*) 3'4.5-S O& 5. Type of Firm (Individual,Partnership or Corporation): L4•1,rwb Pkexl.''rksmP 6, Corporation organized under the laws of the State of: A 4,sr, go-1 - 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: HQ-- `r- -. I-&%J&W A., fta. eoacat Awuouevt_ GtAaM1-NMi VtGL-CMMR+ah.J - 10% a. Cepa_ SAGr JGt ►b. 103 N. Gaon. sr .-WT tto. O'V�auu, M.O. G3SG6 0'1=A"1 oAuo &UU& ►-t2. 'St20M,t P• Slv.a SL t-lQ. 5o4P f m rz_ - Pnas,Ora'i. V,.c.g PQ*MrPdJr I,03 N. Gaon- Snwwcs to . 103 N. Cod.• Spa—WC's 20. 0'�4LA a Nto Gsst:6 &P-Aw a,► Ap &ssbC, - Hydraulic Capacity Project#1 -Sewer Rehabilitation BIDDERS GENERAL INFORMATION _ P.V92801139928P1M102WYordpmOraflsOpeci13atldmGeneralInfoAm BID FORMS BIDDER'S GENERAL INFORMATION (Continued) a Number of years experience as a contractor in this specific type ofconstruction work: _— – 9. List at least three related projects of comparable size te: and complexity completed to da .. Sew r�T'a`1!c� rnozervr Urr . 1. Owner Address Contact Class of work Phone(_) COIAtfid amount Project 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( 1 Date completed 10. List the name and tide of hof the person who will supervise full-time the proposed work for your firm: .- J4F� �wtil0 y r2oYV�t1C 1_M4w7iS� 11. is full-time supervisor an employee like OR contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. Hydraulic Capacity Project#1 –Sewer Rehabilitation BIDDERS GENERAL INFORMATION P.02Mt3a-oaam-taoorwmoaotxemuaamttsBMW cen�1 m4= BID FORMS 103 North Cool Springs Rd. SAK CONSTMUCTION,LLC ( M06335 Buus:s: (63Fallon6)379-23500 n�iNra^e""eurco MR Fax: (636) 379-2461 Tunnel&Pipe Rehabilitation Contractor SAK Construction, LLC(SAK) is a company formed in January 2006,comprised of an experienced team, well-known in both the pipeline rehabilitation and tunneling industries. Our core pipeline rehabilitation focus is cured-in-place pipe(CIPP). Although a relatively new entity,SAK possesses the experience, expertise,and resources to operate a successful construction company,executing pipeline rehabilitation and tunneling work to the satisfaction of our customers. Company Headpuarteo Our 21,905 square-foot headquarters and CIPP wet-out facility are located near St. Louis, Missouri, approximately 20 miles west on 1-70 from Lambert St. Louis Airport. The address and contact information is: SAK Construction, LLC 103 North Cool Springs Road (636)379-2350 Telephone O'Fallon, Missouri 63366 (636)379-2461 Fax Capabilities • Cured-in-place pipe lining—6"to 96"diameter(sewer); 6"to 12"diameter(water main) • Tunneling—4 foot diameter to 32 foot arch • Large Diameter Sliplining(36" pipe and above) • Water Main Rehabilitation utilizing spray on linings and close-fit polyethylene • Manhole and Structure Rehabilitation(Florida) • Shotcreting,Grouting and Crack Sealing • Sewer Cleaning&CCN Inspection • Laser Profiling Bonding Capacitv SAK Construction has a minimum of$70,000,000 bonding capacity through Liberty Mutual Insurance. Licenses(where required) Alabama 42995 Arizona 246314 Arkansas 0194570309 California 917811(SAK Construction of CA LP) Florida CUC1224641(d/b/a Missouri SAK Construction,LLC) Georgia UC301933 Louisiana 49267 Nevada 0071272 South Carolina G114041 Tennessee 00061862 Utah 7280543-5551 Virginia 2705126032A 1 SAK 103 North Cool Springs Rd. O'Fallon, MO 63366 CONSTRUCTION,uc Bus: (636)379-2350 _i nx�coN>MOoR Fax: (636)379-2461 Tunnel&Pipe Rehabilitation Contractor Management and Key Personnel/Experience Tom Kalishman—Chairman • Chairman SAK Construction;2006 to Present • Board of Directors,Insituform Technologies, Inc. (ITI)from 1998 to 2005. • President of United Pipeline Systems(ITI subsidiary) in 1998. • Director of East Regions, ITI 1997 to 1998. Business unit annual revenues exceeding$150mm. • General Manager Southeast Region ITI from 1996 to 1997. • Operations Manager Southeast Region ITI from 1994 to 1996. • MBA Northwestern University; Evanston, IL. • BS in Economics,Wharton School at the University of Pennsylvania. Jerry Shaw—President • President SAK Construction;2006 to Present • 30 years experience in the tunnel and pipeline rehabilitation industry. • Vice President of Affholder, Inc.(ITI tunneling subsidiary)for 18 years from 1987 to 2005. • Day to day management of$25mm tunneling business which grew to$120mm annually. • Project manager of various tunnel projects 1983 to 1987. • BS Business Administration,Southwest Missouri State University(now Missouri St. Univ.). Robert Affholder—Vice Chairman • Board of Directors and Executive Vice President, Insituform Technologies, Inc. 1995 to 2005. • Board of Directors and President, Insituform Mid-America from 1986 to 1995. • Formed Affholder, Inc. in 1968 to compete in the tunneling industry. Purchased first Insituform franchise in 1982,and took the company public as Insituform Mid-America,with Affholder, Inc. and six(6) Insituform franchise territories becoming wholly owned subsidiaries. Company revenues exceeded$125 million. • 1996 Trenchless Technology Person-of-the-Year. • 1995 key facilitator of merger between Insituform Mid-America and Insituform Technologies, Inc., resulting in his being put in charge of all North American contracting for the corporation. • President of Affholder, Inc:from 1968 to 2002. Jack Lynch—Safety Director • 33 years experience working as a safety manager for firms such as Affholder, Inc.and Insituform, and joined SAK as Safety Director in May 2009. • Extensive training with OSHA guidelines, has Confined Space Training and Certification. • Jack has designed,built,and implemented safety programs and training for both tunneling and CIPP installation crews. 2 SA K 103 North Cool Springs Rd. O'Fallon, MO 63366 CONSTRUCTION,uc Bus: (636)379-2350 ` P•ERHNB47rAT10NAW Fax: (636)379-2461 MdVa CONTRACMR Tunnel&Pipe Rehabilitation Contractor • Mine Safety and Health Administration Certification • Occupational Safety and Health Administration Certification • American Red Cross First Aid/CPR(CPR Instructor) • Member American Society of Safety Engineers • National Association of Safety Professionals(Certified Safety Manager) Boyd Hirtz—Vice President and General Manager,CIPP Division • 22 plus years in the CIPP and tunneling industries. • Area Manager for Affholder, Inc. (ITI subsidiary)from 2003 to 2006 • General Manager/Vice President for Insituform Technologies, Inc.from 1997 to 2002. • Responsible for all day to day operations for central Midwest for projects ranging in size up to $8 million,with annual central Midwest revenues of$35 million. • CIPP operations and project management. • BS in Civil Engineering from University of Missouri-Rolla. • Professional Engineer registered in the State of Missouri. Steve Hirtz—Vice President Rehab Operations • 25 years experience in the tunneling and pipeline rehabilitation industry • General Manager for Mid America Pipe Services from November 2007 to May 2009. Responsible for the day to day operations of the pipeline cleaning,CCN Inspection and Assessment work done by the Company's crews. • Director of Field Operations for Insituform Technologies, Inc.from June 2004 to November 2007. Responsible for North American Field Operations of 65 crews producing$300 million in revenue annually. • Senior Operations Manager for Insituform Technologies West Coast Operations from March 2000 to June 2004. Responsible for day to day field operations for the West Coast based in Benecia CA. • Operations Manager for Insituform Technologies/Insituform Mid-America from March 1990 to March 2000. Responsible for the day to day field operations for the Midwest based in Chesterfield MO. • Superintendent for Insituform Mid-America from 1985 to March 1990. Directly managed pipe rehabilitation crews in the Midwest. Steve Stulce—Chief Financial Officer • CFO SAK Construction;2007 to Present • 15 years experience in the tunneling and pipeline rehabilitation industry. • Business Unit Controller for Maverick Tube, Inc.from May 2005 to 2007. • Managed all financial aspects of an$800 million business unit of a steel pipe manufacturer with total annual sales of$1.6 billion. 3 SAK103 North Cool Springs Rd. O'FCONSTRUCTION,LLC us: (63 37 -2366 Bus: (636)379 2350 PFE UNNa 81RAMN RACTORM Fax: 636 379-2461 nx+r+�cowTnsr.�on ( ) Tunnel&Pipe Rehabilitation Contractor • Business Unit Controller for Affholder, Inc.from 1999 to 2005. Senior management role with responsibilities for budgeting,forecasting, cash flow,payables, and receivables. • BS in Accounting from the University of Missouri-Columbia. • Member, Certified Public Accountants Casey Smith—Area Manager,West • 15 years experience in the CIPP industry. Joined SAK during September 2008. • Director of Construction Operations,Torrent Resources, Inc.—Phoenix,AZ;August 2006 to September 2008. • District General Manager, Insituform Technologies, Inc.—Phoenix,AZ;September 2004 to August 2006. Profit&loss responsibilities for a$37mm/year business unit. • Lead negotiator on$111mm in construction contracts during a 4 year period. Reviewed and approved all estimates and bids. • Project Executive, Insituform Technologies, Inc.—Phoenix,AZ;August 2002 to September 2004. • Managed Insituform's 2003 Project of the Year in Phoenix,with the scope including the CIPP rehabilitation of 10,200 feet of 90" RCP, 120mgd bypass,cleaning,manhole rehab and traffic control in 72 days with a contract value of$10.2mm. • Director of Operations- Europe, Insituform Technologies, Inc.-Paris;Sept. 1999 to July 2002. • Training Manager, Insituform Technologies, Inc.—September 1997 to September 1999. • Designed and built$1mm Corporate Training Center in St.Louis,MO. Created,structured and implemented centralized,companywide training program. Trained 250 people per year. • Senior Project Engineer, Insituform Technologies, Inc.—Memphis,TN and St. Louis, MO; May 1992 to August 1997. • BS in Civil Engineering,Southern Methodist University; Dallas,TX James Byrd—Senior Project Manager,Tunneling • 30 plus years experience in the tunneling industry. • Area Manager for Affholder, Inc.from 2003 to 2006. • Responsibility for performance on multiple tunneling projects ranging in size up to$70 million. • Project Manager for Affholder, Inc.from 2000 to 2003. Responsible for management and construction of soft ground&hard rock tunnels ranging in size from$500,000 to$22 million. • Superintendent for Seven K Construction from 1995 to 2000. • BS in Civil Engineering,Texas A&M University. Jeff Oberhofer—General Superintendent • Joined SAK in June 2008. • 24 years experience in the pipeline rehabilitation industry with CIPP. • Operations Manager for Insituform Technologies, Inc. based in Phoenix,AZ 2007 to 2008. • Responsible for crews operating for Insituform in Arizona, Nevada,and Southern California. 4 SA K 103 North Cool Springs Rd. O'Fallon, MO 63366 CONSTRUCTION,LLC Bus: (636)379-2350 P•EPiEA9UTATMAND Fax: (636)379-2461 TUNNEL CONTRACTOR Tunnel&Pipe Rehabilitation Contractor • General Superintendent for Insituform Technologies, Inc.based in Phoenix,AZ 2001 to 2007. • Extensive large diameter CIPP pipe rehabilitation operations management, as well as extensive experience in bypassing sanitary sewer flow in conjunction with these operations. • Began as a laborer with Insituform in 1984 and progressed in achieving increasing levels of responsibility until he became a General Superintendent in the late 1990's. Jason Laney—CIPP Superintendent/installer • 12 years experience in the pipeline rehabilitation industry with CIPP. • Superintendent/installer for Insituform Technologies, Inc.from 2001 to 2007. • Responsible for crew's daily operations on projects throughout the Midwest. • Foreman for Insituform Technologies,Inc.from 1999 to 2001. • Crew member for Insituform Technologies, Inc.from 1996 to 1999,duties included TV Technician and Lateral Lining Foreman. • Supervisor experience installing 6-to 72-inch diameter CIPP. • Foreman/Crew Member on the 2002 Trenchless Technology Project of the Year—Phoenix Salt River Outfall CIPP. Jeff Hirtz—CIPP Superintendent/Installer • 12 plus years experience in the pipeline rehabilitation industry with CIPP. • Superintendent/Installer for Insituform Technologies, Inc.from 2004 to 2007. • Supervisor experience installing 6-to 84-inch diameter CIPP. • Responsible for crews daily operations on projects throughout the Midwest. • Shop/Wet-Out Foreman for Insituform Technologies, Inc.from 1996 to 2004. Troy Bradshaw—Lead Estimator,Tunneling • Senior Estimator for Affholder, Inc.from 2004 to 2007. • Special Projects Superintendent for Affholder, Inc.from 2002 to 2004. • Estimator and Scheduler for S.A. Healy from 2000 to 2002. • Estimator for Kiewit Underground from 1999 to 2000. • Tunnel Superintendent for Kiewit Underground from 1998 to 1999. • Worked in various positions from a tunnel miner through the Superintendents role for various companies from 1978 to 1998. Charlie Kuhnmuench—Vice President Business Development • 10 years experience developing business and working with clients on solutions minimizing surface disruption in the CIPP pipeline rehabilitation industry. Joined SAK in January 2008. • Sr. Business Developer for Woolpert, specializing in Water Management service. State, Local and Federal market client development and acquisitions. 5 SAK 103 North Cool Springs Rd. O'FCONSTRUCTION,LLC 63366 Buus:s: ((633 6)33779-2350 "'"rte,,"E'^BcUFAMN� Fax: (636)379-2461 Tunnel&Pipe Rehabilitation Contractor • Vice President Hanneke Hardware&Industrial Supply. Responsible for leadership of business development team &marketing for a multi-store hardware and industrial supply business, serving the St.Louis construction market. • Global VP Business Development&Marketing for Insituform Technologies,Inc.,June 2004 to May 2005. Responsible for the leadership,strategic communication and skill development of the domestic and international sales and marketing staff comprised of 68 people. • Director of Sales& Marketing, Insituform Technologies, Inc.from January 2002 to June 2004. • Director of Strategic Accounts, Insituform Technologies, Inc.from January 2001 to January 2002. • Central Region Sales Manager, Insituform Technologies, Inc.from January 1999 to January 2001. • Technical Sales Representative, Insituform Technologies, Inc.from March 1997 to January 1999. • BS in Business Administration, University of Missouri;Columbia, MO Jack Boatman—Business Development • 14 years experience in business development, business management,community development, human resources,safety and training in the pipeline rehabilitation industry. • Vice President Business Development, Insituform Technologies, Inc.from 1998 to 2005. • Vice President Human Resources, Insituform Technologies, Inc.from 1994 to 1998. • 27 years with McDonnell Douglas in various engineering and upper management positions. • MBA Webster University; St. Louis, MO • BS Electronics Engineering,Tuskegee Institute;Tuskegee,AL • Member—National Forum of Black Public Administrators • Economic Advisory Committee—City of Pritchard,AL Gordon Marshall—Business Development • Joined SAK in August 2008. • 19 years experience in the CIPP pipeline rehabilitation industry understanding issues and problems municipalities have with underground infrastructure and finding solutions. • Business Development Manager,AUI,LLC from May 2007 to August 2008. Responsible for developing business in the Southeast for a regional supplier of SSES type work for Municipalities. • Vice President Business Development&Training, MBDi(Mastering Business Development, Inc) from April 2006 to May 2007.Grew the business through cold calling and asking existing clients about issues they face in growing their business through their BD force,then leading their training in process and system. • Area Director Business Development, Insituform Technologies, Inc.from August 2003 to April 2006. Responsible for revenue and margin growth,also the leadership,training and development of the southeastern sales team. • Technical Sales Representative, Insituform Technologies, Inc.August 1986 to August 2003. 6 Agftk SAK 103 North Cool Springs Rd. O'Fallon, MO 63366 CONSTRUCTION,LLC Bus: (636)379-2350 CONTOCTMa° `i Fax: (636)379-2461 Tunnel&Pipe Rehabilitation Contractor Joe Huffman—Business Development • Joined SAK in November 2008,and is responsible for Business Development in central and western Missouri and eastern Kansas. • 17 years experience in the CIPP pipeline rehabilitation industry working with municipal clients, consulting engineers and contracting partners to fix underground infrastructure problems faced by municipalities. • From July 2007 through October 2008 served as Business Development Manager for TREKK Design Group. TREKK provides comprehensive services for evaluation,condition assessment, diagnosis and rehabilitation of sanitary and combined sewer systems. • Business Development Manager for Insituform Technologies, Inc.from July 1990 to April 2007. • Insituform Salesman of the Year for North American Division in 1997,1998, 1999,2000,2001, 2004&2005. • Member of the Missouri Water Environment Association (MWEA), Kansas Water Environment Association (KWEA),and American Public Works Association. Received the Golden Manhole Award from MWEA in 2002 and from KWEA in 2001. President of the Engineers'Club of Kansas City 1996-1997. Tim Bussen—Project Engineer • Joined SAK in September 2007. • Estimator and Engineer responsibilities for projects throughout the Midwest U.S. • Responsibilities include jobsite surveys; project estimating,workload forecasting,bid preparation,submittals, project scheduling and project closeouts,and communication with client representatives throughout the project cycle. • Several years of field experience In hard-rock,soft-ground, and mixed-face tunneling with Affholder,Inc.as a laborer,and in CIPP pipeline rehabilitation as a Field Engineer with Insituform Technologies, Inc.—St. Louis, MO. • B.S. in Construction Management—Missouri State University. Cory Street—Project Engineer • Joined SAK in July 2008. • Estimator and project manager responsibilities for CIPP projects in the Southwest U.S.for SAK. • Responsibilities include jobsite surveys, project estimating,workload forecasting, bid preparation,submittals,and project scheduling and project closeouts. • 4 years experience in pipeline rehabilitation,specifically CIPP. • Experience includes various positions including laborer,field engineer, and project manager for Insituform Technologies, Inc. • B.S. in Construction Management from the Ira A. Fulton School of Engineering—Arizona State University. 7 Adomk CONSTRUCTION,S103 North Cool Springs Rd. O'Fallon, MO 63366 Bus: (636)379-2350 ff FO�Tb`' 636 nnx.�r�.cavrnocroR Fax: ( )379-2461 Tunnel&Pipe Rehabilitation Contractor Trenchless Experience SAK key personnel have installed millions of linear feet of cured-in-place pipe,and managed the installation of tens of millions of linear feet of cured-in-place pipe. SAK Construction, LLC is a relatively new entity, but our personnel are among the most experienced and well-known in the industry. Having formed the original Affholder company in 1968, Robert Affholder(SAK Vice Chairman)and Jerry Kalishman (SAK Chairman Tom Kalishman's father) purchased their first Insituform license in 1982. They subsequently bought five(5)additional licensees for a total of six(6)licensed geographies: Insituform Missouri, Insituform Central,Insituform Plains, Insituform Texark, Insituform Rockies,and Insituform Southeast. This combined company, Insituform Mid-America,grew to become the world's leading installer of Insituform,with sales of$107 million in 1995 representing more than 40%of the total sales for Insituform Technologies, Inc.worldwide. Jerry Shaw(SAK President)and Boyd Hirtz(SAK Vice President and General Manager)were both employed and heavily involved throughout this time as installers and project engineers. In October 1995,the merger of Insituform Mid-America, Inc.and Insituform Technologies, Inc.was completed. This put Bob Affholder in charge of all North American contracting for the corporation,Jerry Shaw became Vice President of Affholder,Inc.(tunneling)and Boyd Hirtz became a Vice President and General Manager in the central Midwest for Insituform(CIPP). Two of our Installers/Superintendents,Jeff Hirtz and Jason Laney, have been employed in the CIPP industry since each joined Insituform In 1996. Jeff Hirtz worked in a shop labor role before eventually managing the wet-out(resin impregnation of the dry felt tubes)for the central Midwest,and then becoming a Superintendent/Installer from 2004 to 2007. Jason Laney was initially a crew member, before becoming a Foreman on a crew in 1999, and ultimately a Superintendent/Installer from 2001 to 2007. During these time frames they have each been involved in the installation of hundreds of thousands of feet of cured-in-place pipe. We were fortunate to have them join SAK in late 2007. Steve Hirtz recently joined SAK as Vice President of Rehab Operations. He is responsible for all Cleaning, CCN,and CIPP Field Operations. As shown above Steve has been in the industry for 25 years holding positions from Superintendent to General Manager to Director. He has been responsible for CIPP installations from 4 inches in diameter to 96 inches in diameter. He has also managed projects with extensive CCN inspection work as well as bypass pumping systems that were designed to pump in excess of 220 MGD. Jeff Oberhofer is a General Superintendent for SAK based in Phoenix,Arizona, responsible for our CIPP installation operations in the Western and Southwestern U.S. He started in the industry with Insituform in 1984 in Chicago, Illinois, moved to Phoenix in 2001 as a General Superintendent, and became Operations Manager in late 2007. We were fortunate Jeff decided to join SAK in June 2008,and bring his 24 years of CIPP operations experience to our team. As an organization our people have seen and done it with cured-in-place pipe. Working for municipal, private, military/government, and industrial clients installing cured-in-place pipe in sanitary and storm sewers of various materials,shapes and diameters from 6 inches to 96 inches. 8 SAK103 North Cool Springs Rd. CO'Fallon, MO 63366 CONSTRUCTION,LLC Bus: (636)379-2360 "E"^eur^n°"" Fax: (836)379-2461 T "°�a caNra•croa Tunnel&Pipe Rehabilitation Contractor CIPP Liner Materials SAK provides a CIPP product that is a proven technology. We utilize AquaCure•M_Coated Felt Inversion Liner manufactured by Applied Felts, Inc.,who,with its parent company, Rawson Textiles,has provided polymer coated felt tubes for use in the CIPP lining industry for more than twenty(20)years. Applied Felts is a registered ISO 9001:2000 company which has produced CIPP tube installed by more than 300 contractors operating in more than 30 countries. More than 60 million linear feet of Applied Felts product has been installed worldwide,of which 35 million linear feet has been successfully installed in the United States. Applied Felts was the sole supplier of coated felt materials worldwide until the late 1980s,when Insituform Technologies,Inc.began manufacturing their own coated felt CIPP tubes. SAK Construction, LLC is certified by Applied Felts to install their lining materials,follows their recommended installation procedures,and Applied Felts provides engineering support and technical assistance to its installers. Accompanying this document is a Qualification&Process License Certification from Applied Felts, Inc.for SAK Construction, LLC,along with literature on Applied Felts' AquaCurem,and a copy of Applied Felts ISO 9001:2000 Certificate of Registration. SAK utilizes cured-in-place pipe resins manufactured by AOC and Interplastic leaders in the CIPP resin industry,and registered ISO 9001:2000 companies. The third party test results supporting the short- term and long-term performance of the resin products we install are available upon request. SAK installs cured-in-place pipe in accordance with ASTM F1216 for inversion and curing. 9 SAK CONSTRUCTION PROJECTS UST AS OF FEBRUARY 3,2010 Tom) Patent Poop PMJM Name D. SAX Ohnt [onmC Name iT a Footap Com Compim Diameters Tmmont 5ub&Asion Sower OPP Repair Mllaeaof Ctodlm%fl. MlbXe of Godfrey,11 wnnis Wrtman;MllaBe o/Godhey 1612 1110% 1612 8` 618/4663339 Gary IIAW;Ory of Carbcndoh SwbrySewx RebMBmtlen at Eawn Dr, gryot OrhorMak,it Cky of wrbmldale,IL 618/549-5302 3030 10096 3/30 8`,10",IS' 2➢0]bnMrySewer lmpmvenlems Cry of Ocawammwe,KS bW Utility Co.,IncKm btes,b3W UWryCo. 37242 t100% 37242 8',10",12' wn fawhim;0.1.4uehlin Plumbing Gene Avame Sewer Ihhabl8mtion MSDSL IouN O.J.uueh8n Plumbing Co. 636/2250992 250 100% 250 38` leas Maynard,EL;HMG EnBlnears Sewer Relmmlilatbn gtyo(ML OMs,IL City of W.OMs,IL 61WSW3711 4319 3ICIM 4319 8',10" bbbYdadon0U.4tarvSewentr mer Rep,KNI;Ory of Urcoin,NE Imxtlon Ory of UrlroYLlmnO3W Coymy,NE Cry ofUmnlrl/unpsW County,HE 407/4{1]985 4603 100% 46W B",li' 20WSimlMrySewerlmpowmmU BuocamabYSlDNo.5;CUt CPumy,NE lh=meer Bay SID No.5 loos&ft Bach,61.JWC�dit Group u71196 1004k 28% 8' Brian Schmidt;ON of Davenport,IA 10W bnitary Sawn Urin3 Praiy+m Oryof wwnpmtlA CRY of Derenp9rt,M 563/5273156 1]408 1Wi 17408 bon 17 Nebb0lmfion CRyotle/ferson,MO Ory nfleflawn,MO Eric Seeman,P.E.;Ory oflefferun,MO Mail 100% Staff 573/630-463 M',42' Sm.Ohm.Si nttary Stwa Rdab-JOA 1,2, wn Wodakk,, MnG Acardmr Enpmvini LLC 89-COP Pwkct 4108108162 Otyof Phwni&AZ Adten6 rclr r Erl6lrwalry,LLC 460/9101300 49136 100% 69136 %peAone SaMmrySewn Unir%lOW Otyof PI,e m,MN Ory9f Niuccum,MN SCOtuddy,P.E;bnmrA .M,klc. 10103 1W% 10402 605/692-3R COMnct No.4Westawamr Collation Agency Pad=&McCrackim Joint Sewer Aeenry John Mogle 2PaduS-0056 aden lSA 6332 300% 12332 6',8',10',12' System Neluhi8 srCton Paducah-MCOackanbint Sewer 270/57csh Jimmer4en Creak NelwbBiution S1ttk Rock WsN ftrUtility 5uildlry8U08ry Contlacom,,loc. K9urash Wok;BW4gng i Udky Cnntractm Ss37 JW% 3837 6',8" 502!397-2594 Potrick Lowery;Ory of St.AW 8".9'.30-.31'.35.18',20'. eYlovr/Busll Sewer bhemlibtlon qty of SL Auk MN qty of SL Paul MN 651 2666351 34711 100% 347U 21',24',7' Watedao Sewer RehadOUtion Otyof Wamrko,IL Ory of Waterko,It lean Maymrd,Lt.;HMS EngImmrs 370 100% 370 8'14' 618/S%3711 IOW Sanlmry5evrm SBPIhiM )usdn St.;JWO uMp Group Immonmmes City of Ww,eM/,NE qty of WawMy,NE 402/4353120 3176 ]AM 3176 e' Chuck Watili Weamm Waterworks ComraNm BNch OPP Rahabillutbn City of ScoGsbk,A2 Wemm Wamrworb Contraxlrr{ 623!87-7070 150 10034 3509. JOC 99d,Ave.IMereeptor Sewer Siphon Nick Mown;Quest OMl Construct,Inc. Stnmumi lmprmmmmu City of Phoanb,AZ ��utCMI CoINtruemn,lrc. 602/7254M 27 100% 276 36'0' 244och OPP Rahe llmBml M Air Uma Mm CountScott C..fcrd;Q w t OMI CpUHuemn,Mc the Nuga Road Treatmcm PWd y.A2 Qu4rt qNl CanrtnUwr;lnc 520/887-011 750 I 100% 70 24" SAK CONSTRUCTION PROJECTS UST AS OF FEBRUARY 3,2010 Taal Parwnt faaMp Project wm. Owns SAIL Client Contac ft"&Telephone Faaa lea oeepim DWactas Sanitary Sewer BehMlBtanm landmert led Huck,P.E.;C=lwan Motlle Home Park OrydPeveN.MO OtY of Pevely,MO 636/S84450 am lW% 6924 6",r senlnry 9awr Quttion System Ory d Baldwin,IL Ory of Baldwin,IL TraMs Defer;Bhaeeet l and Assvck 31398 7094 )881 C MNbBintb 618/932-1992 Uw Dtamenr Sewer Bebbiliation 4ttle Bock WaYawaw Wky little flock Wasnvwter Wit, Keith&sown;little Rack Wmtew4W MIRV 3450 10(106 x90 18',24',3'48' 501/223.1520 R.Mbof Sewer Maim by Met,& W ryTiliman;Burk-Kklnpeter,Inc AbaMonmentin Crarp Grwc/Fbp VI Mobile(AL)Aree Weterik w System M (AQNm Water&Sewn,5yslem 291/3a2388B 6178 lOD% 9278 Ma Mmeokl Arm MaNwle and Sower Steve Osborn;lures.AM .W,Inc. M ftetien Ory dGraNU OIy,IL OryaGnNn City.& 61W877-140025000 73% 19500 8".10',12",2163' Allsop RehaWketion UtUe Rack WMMwaw MON Buildiq lUliOry CnrKrecurs,Inc Kounsh Malek WkLM&Witty fantracbrs y0/9 100% 94H 6',8",24',2T 501/397-2594 EudkVIEdBawater Sewer LI" Ckv of SL Paul,MN Otyd St MuLMN Patrick Lowery;City of St.MJ 691/3666251 32260 100% 322W 31".14',2T,33'.4B" Sunriu Estates Sewer Rehabllfatbn Boom County ReBrorul Sewer District Boone County ReOonal Sewer msMct Md,Lister,Boone Co.ReVonal Sewer Dietrlct 17142 100% 17142 8" 573/4410210 NO Tmchlese5ewe,Me Rehabirratlon Oren Noble;little Rack Wasuwatar Mitt, Work Orders l&2 WM Rock WesMwater Utility Little Rork Wmuwatar Utifhy W110,11-W2 4936 100% 4936 Sm tlam.S tory Sower Rehab-JOA 4- Dan Braderkk AohenGmdrer En{Lnariry,LSC COP Pnjed 4108100061 Otyd PNeN;q2 AdlenGerdrer D181reedry,LLC 43 -� Mu 300% 18014 8-,ST lnf u ctwe Repairs FY2009 Men II MSD St bub WDSL Innis Ron Moore;MSD St.Leis 314/768.6388 225087 40% 90035 14",30',41" 2008 WMDAreusiSanitary Sower Wayne quarry;City&County W Domer,CO Impmvamenta-Contractmxss 629 [iry and CnwrydOamer,CO City and Couayd Darevr,CO 3(13/4463611 119854 36% 67358 OPP Unix at the UNvershy of Arbws Mickey Ileeee;Adon.CeanMB&T.Io d, Medley her 501/6117-16M dAiMnma Mtdal Center Arkamas ClaNM&Telwldne 501/667.1610 839 100% 839 OPP MNtlBMtbn Fxpea SvipMGmWs MSDSL Inds say ,Inc. Collette Hermare"..k N;oeyce,Ire 400 11= 400 12' 314/592-2173 CIDP MNbl9ntbn-O Pond.,KS City d D Doran,Ks CBy of O Dorado,KS Kurt B uC Oty of D Conde,KS 7059 100% 7059 6',8',35" 316/3214K100 Northam&91st Avenue Em n Nick ALscn;Qwert Odd Canwuc minc. er8e ryRepair Oty of Paada,A2 QuestCMl COMructors,lnc. 602/7254286 901 100% 901 24',36' DO09$Mary Relief(SKME455)Sep rebt MSD Y.Loeb MSD St.Louis Pan Moore;MSD SL cub Sewer Aro 1/1 RWuctbn f9DW19C) 314/7694388 28424 70% 19890 Pu I" F Savor RW b Wa ll(MOI Municipal UMtles Marshll(MO)Mwiclpal Mice. Mwu Chert;WraNll Mwicipel Wllidm 373100% 575 66D/06 ON E1-7,V:-Feu WA Mplace SAK CONSTRUCTION PROJECTS UST AS OF FEBRUARY 3,2010 Tekl PeRMrt F~Proleer some Come, SAIL OIuIt Cenuct NNea•T hone Coweplet, Dkmekn Sm Olarn.Saniury Sever Peheb-l0A 6- Dan Bmderkk;AelrnGaMm&Wn*erine,LLC COP Project 410BJt 2 r'A'Of Phomk,K AchenGardlrr 6wlrcMng.LLC 489/9/01900 1]305 100% 11365 8',32' Seacoaer UORty Autlnrlty-Amoal GraNty Saatoart Udl.Aum.;Palm Itch(hind., Keith was:Seacoast kMkV Authority Sewer RehabiltatrnudngOPP-Work - Seacoast ULB.Auth.;Palm Bch Gardens,FL 9597 am 7678 B"38'24' Orden 561/627-2900 Improsenrms to Sunburst Farms Sunburrt Forms lrtlption Water Celivery Sunburst pros;Mandela,K 2750 100% 1750 24' Dist Sunburn Forme;Gkndeb,K 602/9588760 Sm.dam.San"Sewer Rehab- Dan Broderick:Adem4ardner Enpnrce rl LLC JOA]-COP Prdct a]3M— CBy of PhoorkAZ Adrn-Gamner EngbneenrR,LLC 480/940.1500 36628 10014 166]8 8'.10'.12• Sm.Diameter Santary Sewer Rehab-JOA DonW derkk;AdlanGardner Ergin.Hng.LLC 8-COP Project 410BJ00062 Ogof PhoonkAZ Adr nrinerFnglneering,LlL 15827 5% ]91 8" 489/910.130D Sm.darnel SadMry Sewer Rehab-MA QryO}poenkK ArhenWrdrcrFneari LLC Oan&oderick;Acr6a Et�irienrB, LC 9-COPPmJett430BI0C61O(Pill 8801 10096 BB01 8",12' Johansen Conetructbn,km.; Burro Road Sewer Interceptor Projett Qty of Casa Grande,K Johansen Construction,Inc. Prescott Vall",AZ 374 9% 13 24',30',36- 928/M-2,489 Johnson Co.Wastwwter-OPP Tom 8 Johnson Co.Weerewa[er,Olathe,KS Johnson fa.Wattewakr dathe,KS Joe Barns;Johnson Co.Wastewaeer Supply Corroon 913/]16-8636 22472 0% 0 Northern:83rd Aw.to 93er Aw.•QPPd CiW dPeorb,K Nid Maven;Quest Ctmstmcton,Inc. M'UTOD293 gest Cull Comtructn Iris 803/725.6286 5121 100% 5121 24' 20095a."sewer Maboeoanr<;P.N.1- Ria Gorr,Olathe,Its C-075-09,Contract 3 Olathe,KS Olathe,KS 933/9711119 - 9914 100% 9934 8',12' NSRP Tr.,,d&u SererUnifedGowrmem fWyMobo Co, Jim Doggett;Unified Gout,of Wyandotte Ca,KS Repairs KS Untied Gowmmen[ofWwedotm Co.,KS 513/575.5,7110 476 1110% 478 8',32',35',36' Meadow Alto Parallel poled Ceyollas VegaA w Conti Const.Co.;W Vargas,NV Joe Nocb Co. 1027 IW% 1027 Sm.Diameter Sanitary Sewer Rehab-Jim Engineering,LLC Dan Broderick-,At2umGardnr Enpnenriry,LLC 1O-COPPmjct410BI00062 CtY of PhoenkyK AdrnGardoar 4BQfS40.130D 15846 10016 158x6 Ory of CBerm,20095anbrySewer city elObnory MO City of Clinton,MO ONE Jordden;Qty ofOMmn,MO "Ine(CIP) 660/8894633 10670 100% 10670 8',32' OPP Wwbilhationo�251F of 15' Camden Water Utwtks,Camden M Camden Water.UBlities,Camden,M DIMRkhochom Cs who Water UtBMesSanitu1535 ]DD% 1525 33' ry 3701836-7391 Mlkgad BrlghWn B'Sewer Rehab Mikp of Brighton JL WIW of Brighton,IL n.fo umn;VI11 R ape o(Brightm 925 100% 925 8' Indian Sdnd Rd Imllrowrmanb•QPP of Brian Froelich;AdwW rdnor Enpn:e-M LLC 14'SRP(STA 20s26A To 24+02.5) QWof&.t[sdak,K Achen-G rdner Enifneedng'LLC 602/376-0103 374 100% 374 24' wrthorn:91stAve.w 99thAw.-OPP of Nkk Mason;Quest CMI fomannoon,Ino 36' Cky Of Pa",Ai Queer ONl Constructors.Ins. 802/7254289 4051 100% 4051 36' Greenbrier/lawwn Cured In Place Sower Oty d St Poul,MN City d Sc Paul.MN Patrick Lounry;Otyd Y put 6833 O% 0 30',33',36'.39'.42",48", Imug Protest 65]/2664251 SAK CONSTRUCTION PROJECTS LIST AS OF FEBRUARY 3,2010 Toth Perone Fooge Project Name Oaner Slut Caere Comae Name A Tskephon. Foomm Com late Com Dbmeters 4C QPP MSDSt.tiub Baps Utility fo..k,c eriaBabes; 6/9Barka, N5 8fmCo. 1w 10014 1f1D 48' Mathew Dunbn;Mew Waahwater Berl.Dbt. 8',10'.35',18',19',2]", PAR 1111-Intertepbrllehabllbtion 1009 MNro Wastewater Redamation gstrie Metro WaKmwter Recl.Dist;Oemer,[O 3W/2863422 11383 ID% 1178 30',36',39',42- Yawpal-Apache Sewarkw Raglacament Vawwi Apuha Wtion Yawwi-Apade motion Iter,FkZgMW;Sr.Flala EW,Indan Heaib SerN¢F 600c) 100% 6000 B' Projrtt,WA0509 49D/5924f091 eat 237 Sanitary 9war Rehabilitation Project- MaryPAIla,ItS wry"lle,as Rkk Shaln,City Administrator,MarWAN.,ES 2514 100% 1514 w mcmi 785/562-5331 Creta Conamte-City of St.Joseph,MO Chy fat Joseph,MO Crew Concrete Products Midwest Stew Romda nd Crelaa Concrete ProMah Midwest; 707 100% 7D7 36' 913(422-36M Gary Loftin,City of St Jmeph,MO 8,10',13',15',18',21', Oryof St.lmepy MOMProject CRyoF StJmeph,MO Our St Joseph,MO 816/]]1.9848 4387 66% ms 24',27-,36' I'm M*k;ekdek Ca ucdbn CornaM BW Railroad Ow Rehab OWRaBrmd Newton.g5 gbdck Comvuction ComwM 816/363-5530 493 100% 9W 6",8' DBtea Wider Ra<lamatbn Plant City Melbourne,FL City of Melbourne,FL Mike Wink,Cay of Melbourne.Ft. 50 100% 50 47- 501F of 4Z'Diameter OPP 321/255461] ONof Belten,MO-OPPUriry Ow 0 N[tin,MODennU Hudon;City of Belton,MO Oryof Bebon,0-0 BISMI-7789 4705 77% 362] 8'.10-,36' 1008/09 RehabNbtbn of Sanitary Setwr Roger GuB;ONof Urrol%NE by Uner fruition City of UncolNlanwslw County,ME Ory of Wroln/lancaster County,NE 402/441.7985 16926 2% 211 8'.]0'.13' Basin 16 Rehabilitation Eric Spman,PZ;Otyof Jeflarson,MO OryafleMersw,MD City WJeRerson,MO 573/634.8143 39611 1% 637 Oumd4n-Plam WslNhabilitatlan2009- Sah take City Suburban Sanitary District Don Tslfmd P.E;SLC55D81 2010 81 Salt Lake City Suburban Sanitary Distract Bl 801/262-29w 12786 72% 9193 12',22-,18' Varmill.Sanitary Sewer lmprowmenb City of Vermillion,SD City of Vermillion,SD Scott Mlahror,P.E.;Banner fates,Inc 605/692-6342 13998 35% N33 Village of Albers Sewer Urine Village of Albamm It Vllime of Albers,It Jesse Maynerd U,HMG Fagineem 1580 200% 1580 S 628/596,3711 Sanitary Sewer Improwmems Ory of Spring Hal,as ON of Spring Hill,0 luffa Parker,Ponaer-Youreauht Fopnaars 5072 100% 50]2 8•,17' 913/7828541 tlPP UNng of 8'Sanitary Sawar Lift. Bill Doris,Vgleee of Palm Springs,FL Purdy Wte N Rue Road Village of Pakn Springs,FL Village of Palm Spriry;FL w 382 13% 50 8' 1/`9655]]0 OPP UNug of 11]5 E.Edwards Street 10- Eric lance,City of Marw8le,MO OlamaterSanibrySakwrUne Otyof Maryrele,MO City of Marmile,MO 507 IODK 507 10" 660/562,3733 ayMOdon-CNMcUm SYafen, OtY of Eldan,MO Stickman Construction Corp; Wke Make.Sticlarwn CaMruetion Oar,. 1180 100% 12&0 33' Improvements in killer County JaOuaon City,MO 573/635-1316 Live Oak(FL)Sewer Rehab Ory of tine Oak,FL WRS Compass Onbastrvctub® Troy Reed,was Comwac 3650D 73% 36136 frMronmem,l�k Tampa,FL 989/133.1908 SAK CONSTRUCTION PROJECTS UST AS OF FEBRUARY 3,2010 Total Parana Footya ProName Owna SAK alarit Contact ft.&T hone Footailia Complaint ComplW Mamaims Sanitary Sewer Une Repab Pml 2 ON of Pittskin KS Ory of Pittsbur&KS Brum D.Remsberli,P.E.;Professional Eneinetrin8 29455 6% 1478 8',10',12',15"Ifoota3t iMWdes Consultants 620/2350395 2,0191f of pn ebunitV4 of 8") Wastewter Grayly Sewer Rehabilitation Citypf Tamp,FL City of Tampa,FL Jim Gralrw,P.F,City of Tampa,FL 0 2% 0 by CLrotlrnpm li Rp(C.I.P.P.)RIO 813/2744496 Walmart(O'Fallon Sirch Sanitary Sewer ON ofdFalbn,MO Weis Sulldera,IMin Buddy bvt;Won 8uilders,Inc Una Rha ehilitation nc; nwpplis,MN HW612/2434800 202 100% 202 8' Proposed Intermaor Sewer Gabbury(IL)SMtary D'NMct Gslasbur3(IL)Unwary Oistrirs Stow&omit•,baser,Coop,&Zney,Inc 3743 2% 67 10",18',24",27" ImPro n m ra 30013 282 Riverslona Aprtmenta-9vult Mt Pd.Desebpment Group; Prim Development Group; Monte Wendlw,,Rim Development Group 200 0 8" Inas City,MO Kansas City,MO 826/1684830 Im Covet"Water Redimatpn%ant [Quay SMtatbn dsVk[sWLm AryNNs Conry SNtatlon OictriCs alta Aryeles Mirlxel Tatabsleh;CSD of la Interceptor SewrR luailbation, Mr9eW(Cft) 0925 1% 115 S4%53,75',78" Phase 11 County(CA) County(CA) 562/908-4288 m¢.1623 Taal Footage Contratlad)OaBM OU717 701424 gala 32400 PASEO ADELANTOY 's.� MEIN OF THE CM COUNC4 SAN JUAN R CAP43TANO,CA 92678 i�' $AMALLEVATO 434$14931471 �,¢�"r } NNNlon1 6UMFREEK ($49)493.106.' PAX • (51"0500 M1 t9&I THOM"W.WEAR Wwt4'..4Qnjuancapisiranaarg I77fi MARS NIELSFN * 0 DR LOMB U30 e NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, May 4, 2010, in the City Council Chamber in City Hall, to consider: "Consideration of Award of Construction Contract Hydraulic Capacity Project No. 1 (SAK Construction, LLC) (CIP 07706)" — 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, May 3, 2010, 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.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: cityclerk(a)_san i uancap istrano.orq. Maria Morris, CMC City Clerk cc: SAK Construction; Insituform Technologies; Southwest Pipeline; Spiniello Companies; Repipe; Tetra Tech, Inc. San.Tuan Capistrano: Preserving the Past to Enhance the Future 311612010 AGENDA REPORT D6 TO: Joe Tait, City Manage' FROM: West Curry, Assistant Utilities Director SUBJECT: Consideration of Approval of a Plans and Specifications for the Hydraulic Capacity Project No. 1 (CIP 07706) (Tetra Tech, Inc.) RECOMMENDATION: By motion, 1. Approve the Plans and Specifications for the Hydraulic Capacity Project No. 1 (CIP 07706), prepared by Tetra Tech, Inc. and, 2. Direct the City Clerk to advertise the Project for competitive bid. SITUATION: Summary and Recommendation: Hydraulic Capacity Project (HCP) No.1 was delineated as a high priority project in the City's 2004 Sanitary Sewer Master Plan. It involves the repair or replacement of 3,000 L.F. of defective sewer lines in the downtown area near the Von's Shopping Center. Tetra Tech has completed specifications for those areas included in HCP No. 1, including plans for rehabilitation of 3,000 Lineal Feet of sewer on Avenida La Paloma, Camino Capistrano, the alley behind the shops along the east side of Capistrano from Avenida Golondrina to Avenida Padre and the sewer main that crosses the Vons parking lot. At their regular meeting of January 19, 2010, City Council approved a Personal Services Agreement with Tetra Tech to provide design services for the repair of an additional 7,100 L.F. of pipeline and investigation and rehabilitation design of up to 40 manholes on Ortega Highway east of Rancho Viejo Road and in the vicinity of the City's train depot. Additionally, the City's sewer maintenance contractor has recently made staff aware of another 320 foot long line segment which runs behind the City's Groundwater Recovery Plant that is in critical need of repair. Tetra Tech has completed the plans and specifications for these additional pipeline segments and manholes. Tetra Tech performed the design work on the GWRP sewer for no additional cost to the City. Tetra Tech also added review and specification of an additional 8 manholes at no additional cost. After thorough review Staff has found the bid documents for Hydraulic Capacity Project No. 1 to be in compliance with City standards and common engineering practice. Agenda Report March 16, 2010 Page 2 Specifications for the lining products meet necessary strength requirements while allowing competitive bidding by a number of different suppliers. In this manner the City is assured of a quality rehabilitation for the best possible price. Staff therefore requests the City Council's approval of the plans and specifications and direction to advertise for competitive bids. Environmental Review: The City's Environmental Administrator has reviewed the project an has found it to be a Class 1 Categorical Exemption under Section 15301(b) "Existing facilities of both investor and publicly-owned utilities used to provide electrical power, natural gas, sewerage, or other public utility services" of CEQA. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Utility Commission was updated on this project at their February 23, 2010, meeting. FINANCIAL CONSIDERATIONS: The fiscal year 2009/20010 budget for the Hydraulic Capacity Projects No. 1 & 6 (CIP #07703) is $3,198,043. Because these projects involve significantly different types of construction staff suggests that they be broken apart. The additional work involved on Ortega Highway would have been funded under Sewer Preventative Maintenance (CIP 07706). Staff recommends co-joining HCP No. 1 into this CIP as it is like work. Staff will return with recommendations for fund transfer at the time of the bid award. NOTIFICATION: Tetra Tech, Inc. RECOMMENDATION: By motion, 1. Approve the Plans and Specifications for the Hydraulic Capacity Project No. 1 (CIP 07706), prepared by Tetra Tech, Inc, and, 2. Direct the City Clerk to advertise the Project for competitive bid. Respe u Piepa d B � — es Curry f etch Assistant D' ctor of Utilities ��Associate Engineer Attachment: Plans and Specifications ATTACHMENT Due to the size of this attachment, a copy has been placed in the City Council conference room for the City Council's review. In addition, a copy of the attachment is available for public review at the City Clerk's Office located at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 all 32400 PASEO ADETLANTO �s v + MEMBERS 6F THE CM COUNCIL SAN JUAN CAPISTRANO,CA 92675 r� _ L RAMAIAEVATO (949)4931171 /y ` Nil LAURAPREESE {949)493•I OSI FAX ulasrmsr 1981 n+oMAswNRieAR WtV W.JYtLftNl9Ca))tYt YtltiU.(.Il IM MARK MWEN U9.1 OMPES URO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, March 16, 2010 in the City Council Chamber in City Hall, to consider: "Consideration of Approval of a Plans and Specifications for the Hydraulic Capacity Project No. 1 (CIP 07706)(Tetra Tech, Inc)' — Item No. D6. 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, March 15, 2010 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.sanwuancapistrano.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: cityclerkasanivancapistrano.org. Maria Morris, CMC City Clerk cc: Tetra Tech, Inc. Sara.hwn Capi,vtrana; Preserving*rhe Past irr Enhance the Fuurre This is EXHIBIT A,consisting of one page, referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR PROPOSAL 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: HYDRAULIC CAPACITY PROJECT#1 -SEWER REHABILITATION CIP NO.7706 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 for the period stated in the Notice Inviting Bids,unless otherwise required bylaw. Bidder will 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): /y Number :I_ Date Aptm- 'g. 2010 Number 2 Date AV0.u- 12, 2010 Number 3 Date APA.« 1%. 200 Number 9' Date Pl,20l o 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:_ASA, Min Bidd CA r_P - By. (Signature) $ o 4 Title: D. rr _ Hydraulic Capacity Project#1 -Sewer Rehabilitation PROPOSAL PAGE 1 P:W9290N39-09290-10002\WmdpmOftsl PeCIWBBid.do" BID FORMS This is EXHIBIT B,consisting done page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR. BID SCHEDULE jfevia W =AddendumR4f HYDRAULIC CAPACITY PROJECT#1 —SEWER REHABILITATION CIP NO. 7706 ID Description Estimated Unit Unit Price Extended Quantity Price 1 . Mobilization and Preparatory Work 1 LS Cannot exceed 5%of lid'nems 2-9 2 Temporary Sewer Bypass 1 LS 3 Cured-In-Place-Pipe 21" 705 LFlei °7.•— 37ra- 4 Cured-In-Place-Pipe 18" 810 LF 5 � -13 �4D 5 Cured-In Place-Pipe 8" 8,325 LFj,'"' Z$$ U 1S'on 6 Sewer Lateral Sealing System for 8"Lateral 20 EA 7 Manhole Rehabilitation 50 EA f�S — (Z3 7573 " 8 Traffic Control, Public Convenience and Safety 1 LS 9 Siphon Rehabilitation at Trabuco Creek 1 LS TOTAL O� Name of Bidder or Firm V '— Hydraulic Capacity Project#1 —Sewer Rehabilitation UNIT PRICE BID SCHEDULE PadBID FORMS INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, at seq.,of the Public Contract Code, 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 Contractor's Total Bid Price,and shall also list 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 listing of more than one subcontractor for each Item of Work to be performed with the words"and/or"will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. ID Work to Be Performed License Number Subcontractor Name and Address ' Nn YDS _ 11\4/44' 1 V a LAA � 3 it 7 ' 3-3 1l27 rV M✓arty" f64 �- fsb3lo3£� 110-7 /&A 741 -7- 6 7 _ Hydraulic Capacity Project#1 —Sewer Rehabilitation LIST OF SUBCONTRACTORS P:�oO2eON134o9z O-I000ZwordPmo ftsASpecnrO Usr&Subs d= BID FORMS NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State ofCaiifo®la"Ssav" ) ss. County of Sr. I, p 41 being first duly sworn, deposes and says that he or she is %AC& Bklloof SACC of CytLt 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 ail 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 r. LP By Title nss c Organization SAcrL Cc-jx RtitT.a J ey CA ,L Address Ia3 til• C.oeL- SPa,.IGS �. P: 6&3r.) b-rq-I-yo Hydraulic Capacity Project#1 —Sewer Rehabilitation NON-COLLUSION AFFIDAVIT a:�oazeonsa-oerson000z\wo,aaooanws N.cam,�,.A. BID FORMS BID BOND KNOW ALL MEN BY THESE PRESENTS, SAK Construction of CA, LP That 103 North Cool Springs Road, O'Fallon, MO 63366 as Principal, and Safeco bnsuran e Co� of America 33 North ran oulevard Glendale CA 91203 as Surety, are held and firmly bound unto The City of San Juan Capistrano,hereinafter called the"Owner'in the sum of Ten Percent of Proposal Price (10% of P.P.) dollars (not less than 1D 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: HYDRAULIC CAPACITY PROJECT#1 -SEWER REHABILITATION CIP N0.7706 NOW THEREFORE,if said Principal is awarded a Contract by said Owner, and within the time and in tha manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a %Tirtsr Agreement on the Form of Agreement bound with said Contract Documents, furnishes the requires Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, they, this obligation shall be null and void,otherwise itshall remain in full farce and effect. In the event suit is bma-,Pt 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. 13th day of April 20 10 eg'A�KCstructi a A, L E4L} (SEAL AND NOTARIAL (SQL) ACKNOWLEDGMENT OF SURETY) a D 1 T7— 9+E5 ((SEAL, iS_�1Y Safensuranceomra)ny of America )1 rely) y�. The Bean (8t ature Attorney-In-Fact (S a ore) Hydraulic Capacity Project#1 -Sewer Rehabilitation - BID BOND(BID SECUP.`-' P:IJ929Tt34-C9:40deWR�fwdyropreRz\apwill2 NW 9onl.tloc B i -l, ACKNOWLEDGEMENT FOR PRINCIPAL ACKNOWLEDGEMENT FOR PRINCIPAL IF LIMITED PARTNERSHIP COMPANY STATE OF I�tssx>v21 } COUNTY OF Sr. L&"s } ON THE Arq DAY OF Ppmt— WtO BEFORE ME PERSONALLY APPEAREDBe.o 'r+— TO ME KNOWN AND KNOWN TO ME TO BE THE VOL-40e4r OF SAK CONSTRUCTION OF CA, LP, A LIMITED PARTNERSHIP COMPANY, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED PARTNERSHIP, FGANT A ANDREWS NotaryPublic y Public-Notary Salissouri,St Louis Countymission X 09908519sion Expires Dec 14.2013 Safeco In.U'ance Company or Amena General Insurance Cornea ny of Amenia �.l17L'.3't1 POWER 100141hAsdue p { OF ATTORNEY "i1e 1700 Searle,WA S9154 KNOW ALL BY THESE PRESENTSNo 14188' That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint """*'RICHARD G.AVERY,THOMAS BEAN;KAREN BOWLING,GEORGE 0.BREWSTER;PETER F. IONES;SUSAN LUPSKT GERARD S.MACHOLZ;CAMILLE MAI I LAND;DIANA L PARKER;ROBERT T.PEARSON;RITA SAGISTANO; Garden City,Nyv.,York;KATHLEEN M.CRISTIANO;JOSEPH DOBKOWSKI,JR.;ADRIANNE SCALERA;Clark,New Jersey;RUSSELL M,CANTERBURY:JOANN DOMBROWSKI;MARION R VAII_;Farmington,Connecticut"""..I. ""' Its we and lavdul atturney(s)-in-fact,with full aulhonty to execute on its behalf fidelity and surety bonds or undertakings and other documerts of d similar rha•acter rssued m the course of its business,one to bled tree tespodive company thereby, IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents ucc 21st day of March 2009 Dexter R.Legg,Secretary Timothy A.Mikolalewski Vice President CERTIFICATE Extract from tie By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA- 'Ankle V,Section 13.-FIDELITY AND SURETY BONDS_.the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose.by I-e oKcer u1 charge of surety eperancns,shall each have authority to appoint individuals as attorneys-lo-'act or under other appropriate titles with authority to execute on behalf of the company fidelity and surely bends and Other dnri mi of smi:'a, character issued by the company in the course of its bus ness... On arty inslrumem maklog or evidencing such appmnrmen, the signatures may he affixed by facsimile. On any Instrument conferring such authority or an any bond or undertaking of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manne' reproduced; provided,however,that the seal shall no!be necessary to the validity of any such instrument or undertakmq." Ectrarf from a Ficcolution of the Boardbf Directors of SAFECO INSURANCE COMPANY OF AMERICA ano of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28.1970. "On any,certNcate executed by the Secretary or an assistant secretary of the Company selling out, 0) The provisicrs of Anicle V Section 13 o`the By-Ldws,and Ud A copy of the powerof-ottorn=.y appomtmant„executed pursuant thereto and (iii) Corld g that said power-of-attorney appointment is in full force and effect The signature of the certitymg officer may be by facsimile,and the seei of the Company may be a facsimile thereof.” I Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and M GENERAL INSURANCE COMPANY OF AMERICA,do hereby ceftiry that the trxegoing extracts of the By-Laws and of a Resol,rlion of the Board of Dvectots of these corpo-ations,and of a Power o!Attorney issued pursuant thereto,are true and coned,and that both the By-Laws,the Resolution and the Power of Attorney'are still in full force and effect. IN WITNESS WHEREOF,I have homi sat my hand and affixed the facaimile seal of said corporation this 13th day of April 2010 C4:COMP, ` CC�ORAZE Q. SEAL SEAL1953I �r i QrFtM . �.6aa � Dexter R.Legg,Secretary S-00'd'D5 3,'09 WEB PDF ACKNOWLEDGMENT OF SURETY COMPANY STATE OF .........Naw.Y.ock.} ss COUNTY OF ...Nassau.......} April 13.2010 Thomas Bean On this ................................before me personally came..................... to me know, who, being by me dulyy swom, did depose and say; that he/she resides in Suffolk County ............ State of..... New York that he/she is the Attorney In-Fact of the ............ . Safeco Insurance Company of America., the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that heishe signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New York, issued to... Safeco_Insurance GePMPMY of America........„....(Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. GRACE ate1i50N No Public Nomry s Pu011e,State of new twit No.OIAC6111590 Quaiifled in naasau County Commission Expires June 14,2012 NY acknowledgment SAFECO INWITANCE 11=11`441 W 14WHK A FINANCIAL S I A L V.NI6 N I —DF(VNIIII-R 31.11)118 MIS 1AAWKS t Aland Mad, bcpr,,j, 26,363 750 WimW 1'rommon, l;"\'l;an'nt 11359352 Weal,Jai ULnms and('lens; hqNnw 1 5"Wj 46? Fainck Held raider R,na,wai,e I -cane, 4�()9-1) Rimme Or Houlorl,w WyNAW 2A61 98 28].U]749 Uditi,nal Statuln)n Rc,,ci,e lin Collmllk'rrl3. I a,c,an,i 01)),r I ahil'l 91A 3141 101 Agem; I 01A-..... ... - . I I — —....I... SM 28AUT771 n113,-t"l and R'111' ?-1 W1 "('9 Special Nalapil"Frwcj� S "'?5 001 1 Ar1111111'0 I I Q R 784 C aprial Sa"J, SW4M10 Pow in Nnon K o8 I n1l'S'LwkI Snapill, "U'-31 I Inul U.nitted .......... .... .....— Surplus In Polic0tolder. .............. go CP f Sccwiki,,nwdatSll3NS4122arc depoawda,required b% lam MAS 1, 1 IM MIKOL41i'16 SKI,VICC-President of SAFLCO Instuancc Cornpan� of All do hocb ccanh 11131 the lo'c'ninp i,a Inw,and Comex adMnCili of dit Awcm end I Iahilii&M said Commmunar.as,&Dexmkr A 2M to lire hest of ms ),ra%%lolgc and NSA IN M 1 INf SS \k 111,REOF, I hmc huunm so m) hand and AW the wd of aid(Varpremairn, at Semik,ASAmpm, Jim 10 1,vi Nlair'h'2009 u. r1 Vice-prtsident 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. BIDDEWCONTRACTOR'S Name and Street Address: 'CAW. �.x rn ,r .,na ok CA LP 603 !13 . L'oo` S&M,341iZ (20. 2. CONTRACTOR'S Telephone Number: ( (Dg(v ) SRct_23s0 Facsimile Number: ( (03CA ) ST4. %4f-1 E-mail address (iltltLczLJ DArc�e.aSr ea+c 3. CONTRACTOR'S License: Primary Classification A- State License Number(s) 4l'►Yt f Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety 5nCgco :r-)g..,w„w-r- CON.o".. •t= rt^-tE*AcA Address 1001 • ,ai A-,&, ` t Surety Company Agent 'T A4*s RwyC z Telephone Numbers: Agent(.vice )-41,4-ff9Ca Surety( 2-0c+) S45'-sooe 5. Type of Firm (Individual, Partnership or Corporation): 4µ,r¢n Mex-r4eg.6mP 6. Corporation organized under the laws of the State of: A4isce.,os - 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: Hn "ro . 1Cek�4&W^14J M&. Qcmcvc AFw40,.neA_ GkA,1LM MJ V,.e y-CrAAa^tA.d - tog Coote spataoc Ko. 103 ft. taw_ SPw.wc RD. moois&e dr-AL,.,4 ko &U(.Cv YfR. Salton¢ f- Suyw Si. Fd - QvYP µll m Pfaas,oC., - V C4 Qa a,n rr t03 A). &wO- ita . 603 N. Cm SIa avt 2n. Hydraulic Capacity Project#1 -Sewer Rehabilitation BIDDERS GENERAL INFORMATION P.W9290\13409290-10002\W"mDmftSSpec1\13 Bidder General lnlodwx BID FORMS BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work- 9. ork9. List at least three related projects of comparable size and complexity completed to date: Vii" ATr-Ac�{e--o k&sevr Ls-r . 1. Owner Address Contact Class of work Phone (_) Contract amount Project ( ) 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: - 'Sa-FF ditto F7aoStzsC �Nu�asl� 11. Is full-time supervisor an employee 11hrS OR contract services 7 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. � r. rax Hydraulic Capacity Project#1 —Sewer Rehabilitation BIDDERS GENERAL INFORMATION P:0e290At34- 92%.10002kW« pmDmftiSpecniaadder General[ r ,d= BID FORMS SAK 103 North Cool Springs Rd. O'Fallon, MO 63366 CONSTRUCTION,LLC Bus: (636) 379-2350 P PE TUNNEL IMURACONTF1 OR Fax: (636) 379-2461 TUNNEL CONiW�LiOR Tunnel &Pipe Rehabilitation Contractor SAK Construction, LLC (SAK) is a company formed in January 2006, comprised of an experienced team, well-known in both the pipeline rehabilitation and tunneling industries. Our core pipeline rehabilitation focus is cured-in-place pipe (CIPP). Although a relatively new entity, SAK possesses the experience, expertise, and resources to operate a successful construction company, executing pipeline rehabilitation and tunneling work to the satisfaction of our customers. Company Headquarters Our 21,905 square-foot headquarters and CIPP wet-out facility are located near St. Louis, Missouri, approximately 20 miles west on 1-70 from Lambert St. Louis Airport. The address and contact information is: SAK Construction, LLC 103 North Cool Springs Road (636)379-2350 Telephone O'Fallon, Missouri 63366 (636)379-2461 Fax Capabilities • Cured-in-place pipe lining—6"to 96"diameter(sewer); 6"to 12" diameter(water main) • Tunneling-4 foot diameter to 32 foot arch • Large Diameter Sliplining(36" pipe and above) • Water Main Rehabilitation utilizing spray on linings and close-fit polyethylene • Manhole and Structure Rehabilitation (Florida) • Shotcreting, Grouting and Crack Sealing • Sewer Cleaning&CCTV Inspection • Laser Profiling Bondine Capaciri SAK Construction has a minimum of$70,000,000 bonding capacity through Liberty Mutual Insurance. Licenses (where required) Alabama 42995 Arizona 246314 Arkansas 0194570309 California 917811(SAK Construction of CA LP) Florida CUC1224641 (d/b/a Missouri SAK Construction, LLC) Georgia UC301933 Louisiana 49267 Nevada 0071272 South Carolina G114041 Tennessee 00061862 Utah 7280543-5551 Virginia 2705126032A 1 103 North Cool Springs Rd. SAK CONSTRUCTION,LLC ( M0 633 Buus:s: (63Fallon6) 379-235050 TUTU TATION Fax: (636) 379-2461 NNELNEL CONTRACTOR Tunnel&Pipe Rehabilitation Contractor Management and Key Personnel/Experience Tom Kalishman—Chairman • Chairman SAK Construction; 2006 to Present • Board of Directors, Insituform Technologies, Inc. (ITI)from 1998 to 2005. • President of United Pipeline Systems (ITI subsidiary) in 1998. • Director of East Regions, ITI 1997 to 1998. Business unit annual revenues exceeding$150mm. • General Manager Southeast Region ITI from 1996 to 1997. • Operations Manager Southeast Region ITI from 1994 to 1996. • MBA Northwestern University; Evanston, IL. • BS in Economics, Wharton School at the University of Pennsylvania. Jerry Shaw—President • President SAK Construction; 2006 to Present • 30 years experience in the tunnel and pipeline rehabilitation industry. • Vice President of Affholder, Inc. (IT[tunneling subsidiary)for 18 years from 1987 to 2005. • Day to day management of$25mm tunneling business which grew to$120mm annually. • Project manager of various tunnel projects 1983 to 1987. • BS Business Administration,Southwest Missouri State University(now Missouri St. Univ.). Robert Affholder—Vice Chairman • . Board of Directors and Executive Vice President, Insituform Technologies, Inc. 1995 to 2005. • Board of Directors and President, Insituform Mid-America from 1986 to 1995. • Formed Affholder, Inc. in 1968 to compete in the tunneling industry. Purchased first Insituform franchise in 1982, and took the company public as Insituform Mid-America, with Affholder, Inc. and six(6) Insituform franchise territories becoming wholly owned subsidiaries. Company revenues exceeded $125 million. • 1996 Trenchless Technology Person-of-the-Year. • 1995 key facilitator of merger between Insituform Mid-America and Insituform Technologies, Inc., resulting in his being put in charge of all North American contracting for the corporation. • President of Affholder, Inc.from 1968 to 2002. Jack Lynch—Safety Director • 33 years experience working as a safety manager for firms such as Affholder, Inc.and Insituform, and joined SAK as Safety Director in May 2009. • Extensive training with OSHA guidelines, has Confined Space Training and Certification. • Jack has designed, built, and implemented safety programs and training for both tunneling and CIPP installation crews. 2 AA%k SA K 103 North Cool Springs Rd. O'FCONSTRUCTION,LLC M0633 Buus:s: ((63636) 379-235050 PIPE TUNNEL NORo Fax: (636) 379-2461 TUNNEL CONTRACTOR Tunnel&Pipe Rehabilitation Contractor • Mine Safety and Health Administration Certification • Occupational Safety and Health Administration Certification • American Red Cross First Aid/CPR (CPR Instructor) • Member American Society of Safety Engineers • National Association of Safety Professionals(Certified Safety Manager) Boyd Hirtz—Vice President and General Manager, CIPP Division • 22 plus years in the CIPP and tunneling industries. • Area Manager for Affholder, Inc. (ITI subsidiary) from 2003 to 2006 • General Manager/Vice President for Insituform Technologies, Inc. from 1997 to 2002. • Responsible for all day to day operations for central Midwest for projects ranging in size up to $8 million, with annual central Midwest revenues of$35 million. • CIPP operations and project management. • BS in Civil Engineering from University of Missouri-Rolla. • Professional Engineer registered in the State of Missouri. Steve Hirtz—Vice President Rehab Operations • 25 years experience in the tunneling and pipeline rehabilitation industry • General Manager for Mid America Pipe Services from November 2007 to May 2009. Responsible for the day to day operations of the pipeline cleaning, CCN Inspection and Assessment work done by the Company's crews. • Director of Field Operations for Insituform Technologies, Inc.from June 2004 to November 2007. Responsible for North American Field Operations of 65 crews producing$300 million in revenue annually. • Senior Operations Manager for Insituform Technologies West Coast Operations from March 2000 to June 2004. Responsible for day to day field operations for the West Coast based in Benecia CA. • Operations Manager for Insituform Technologies/Insituform Mid-America from March 1990 to March 2000. Responsible for the day to day field operations for the Midwest based in Chesterfield MO. • Superintendent for Insituform Mid-America from 1985 to March 1990. Directly managed pipe rehabilitation crews in the Midwest. Steve Stulce—Chief Financial Officer • CFO SAK Construction; 2007 to Present • 15 years experience in the tunneling and pipeline rehabilitation industry. • Business Unit Controller for Maverick Tube, Inc. from May 2005 to 2007. • Managed all financial aspects of an $800 million business unit of a steel pipe manufacturer with total annual sales of$1.6 billion. 3 -40%16 SAK 103 North Cool Springs Rd. O'FCONSTRUCTION,LLC us: (63lon, 37 -2366 Bus: (636) 379-2350 PIPE rUN EL BILITATION CONTRACTOR Fax: (636) 379-2461 TUNNEL CONTRACTOR Tunnel&Pipe Rehabilitation Contractor • Business Unit Controller for Affholder, Inc.from 1999 to 2005. Senior management role with responsibilities for budgeting,forecasting, cash flow, payables, and receivables. • BS in Accounting from the University of Missouri-Columbia. • Member, Certified Public Accountants Casey Smith—Area Manager,West • 15 years experience in the CIPP industry. Joined SAK during September 2008. • Director of Construction Operations,Torrent Resources, Inc.—Phoenix,AZ; August 2006 to September 2008. • District General Manager, Insituform Technologies, Inc.—Phoenix,AZ;September 2004 to August 2006. Profit& loss responsibilities for a $37mm/year business unit. • Lead negotiator on$111mm in construction contracts during a 4 year period. Reviewed and approved all estimates and bids. • Project Executive, Insituform Technologies, Inc.—Phoenix,AZ; August 2002 to September 2004. • Managed Insituform's 2003 Project of the Year in Phoenix, with the scope including the CIPP rehabilitation of 10,200 feet of 90" RCP, 120mgd bypass, cleaning, manhole rehab and traffic control in 72 days with a contract value of$10.2mm. • Director of Operations- Europe, Insituform Technologies, Inc.- Paris;Sept. 1999 to July 2002. • Training Manager, Insituform Technologies, Inc.—September 1997 to September 1999. • Designed and built$1mm Corporate Training Center in St. Louis, MO. Created, structured and implemented centralized, companywide training program. Trained 250 people per year. • Senior Project Engineer, Insituform Technologies, Inc.—Memphis,TN and St. Louis, MO; May 1992 to August 1997. • BS in Civil Engineering, Southern Methodist University; Dallas,TX James Byrd—Senior Project Manager,Tunneling • 30 plus years experience in the tunneling industry. • Area Manager for Affholder, Inc.from 2003 to 2006. • Responsibility for performance on multiple tunneling projects ranging in size up to$70 million. • Project Manager for Affholder, Inc. from 2000 to 2003. Responsible for management and construction of soft ground & hard rock tunnels ranging in size from $500,000 to $22 million. • Superintendent for Seven K Construction from 1995 to 2000. • BS in Civil Engineering, Texas A&M University. Jeff Oberhofer—General Superintendent • Joined SAK in June 2008. • 24 years experience in the pipeline rehabilitation industry with CIPP. • Operations Manager for Insituform Technologies, Inc. based in Phoenix,AZ 2007 to 2008. • Responsible for crews operating for Insituform in Arizona, Nevada, and Southern California. 4 AA%L SA K 103 North Cool Springs Rd. CONSTRUCTION,LLC O'& (63, 37 -2366 Bus: (636) 379-2350 PIPENNEL ONTRA 7 R qftow Fax: (636) 379-2461 TUNNEL CONTRACTOR Tunnel&Pipe Rehabilitation Contractor • General Superintendent for Insituform Technologies, Inc. based in Phoenix, AZ 2001 to 2007. • Extensive large diameter CIPP pipe rehabilitation operations management, as well as extensive experience in bypassing sanitary sewer flow in conjunction with these operations. • Began as a laborer with Insituform in 1984 and progressed in achieving increasing levels of responsibility until he became a General Superintendent in the late 1990's. Jason Laney—CIPP Superintendent/Installer • 12 years experience in the pipeline rehabilitation industry with CIPP. • Superintendent/installer for Insituform Technologies, Inc.from 2001 to 2007. • Responsible for crew's daily operations on projects throughout the Midwest. • Foreman for Insituform Technologies, Inc.from 1999 to 2001. • Crew member for Insituform Technologies, Inc. from 1996 to 1999, duties included TV Technician and Lateral Lining Foreman. • Supervisor experience installing 6-to 72-inch diameter CIPP. • Foreman/Crew Member on the 2002 Trenchless Technology Project of the Year—Phoenix Salt River Outfall CIPP. Jeff Hirtz—CIPP Superintendent/Installer • 12 plus years experience in the pipeline rehabilitation industry with CIPP. • Superintendent/Installer for Insituform Technologies, Inc.from 2004 to 2007. • Supervisor experience installing 6-to 84-inch diameter CIPP. • Responsible for crew's daily operations on projects throughout the Midwest. • Shop/Wet-Out Foreman for Insituform Technologies, Inc.from 1996 to 2004. Troy Bradshaw—Lead Estimator,Tunneling • Senior Estimator for Aff holder, Inc.from 2004 to 2007. • Special Projects Superintendent for Affholder, Inc. from 2002 to 2004. • Estimator and Scheduler for S.A. Healy from 2000 to 2002. • Estimator for Kiewit Underground from 1999 to 2000. • Tunnel Superintendent for Kiewit Underground from 1998 to 1999. • Worked in various positions from a tunnel miner through the Superintendents role for various companies from 1978 to 1998. Charlie Kuhnmuench—Vice President Business Development • 10 years experience developing business and working with clients on solutions minimizing surface disruption in the CIPP pipeline rehabilitation industry. Joined SAK in January 2008. • Sr. Business Developer for Woolpert, specializing in Water Management service. State, Local and Federal market client development and acquisitions. 5 103 North Cool Springs Rd. SA K CONSTRUCTION,LLC O'Fall 366 Bus: (633 6) 33779--22350 PIPE REL CONTRACMR Fax: (636) 379-2461 qftbv TUNNEL CONTRACTOR Tunnel&Pipe Rehabilitation Contractor • Vice President Hanneke Hardware & Industrial Supply. Responsible for leadership of business development team & marketing for a multi-store hardware and industrial supply business, serving the St. Louis construction market. • Global VP Business Development & Marketing for Insituform Technologies, Inc.,June 2004 to May 2005. Responsible for the leadership, strategic communication and skill development of the domestic and international sales and marketing staff comprised of 68 people. • Director of Sales& Marketing, Insituform Technologies, Inc.from January 2002 to June 2004. • Director of Strategic Accounts, Insituform Technologies, Inc.from January 2001 to January 2002. • Central Region Sales Manager, Insituform Technologies, Inc. from January 1999 to January 2001. • Technical Sales Representative, Insituform Technologies, Inc.from March 1997 to January 1999. • BS in Business Administration, University of Missouri; Columbia, MO Jack Boatman—Business Development • 14 years experience in business development, business management, community development, human resources, safety and training in the pipeline rehabilitation industry. • Vice President Business Development, Insituform Technologies, Inc.from 1998 to 2005. • Vice President Human Resources, Insituform Technologies, Inc.from 1994 to 1998. • 27 years with McDonnell Douglas in various engineering and upper management positions. • MBA Webster University; St. Louis, MO • BS Electronics Engineering,Tuskegee Institute;Tuskegee,AL • Member—National Forum of Black Public Administrators • Economic Advisory Committee—City of Pritchard,AL Gordon Marshall—Business Development • Joined SAK in August 2008. • 19 years experience in the CIPP pipeline rehabilitation industry understanding issues and problems municipalities have with underground infrastructure and finding solutions. • Business Development Manager, AUI, LLC from May 2007 to August 2008. Responsible for developing business in the Southeast for a regional supplier of SSES type work for Municipalities. • Vice President Business Development &Training, MBDi (Mastering Business Development, Inc) from April 2006 to May 2007. Grew the business through cold calling and asking existing clients about issues they face in growing their business through their BD force,then leading their training in process and system. • Area Director Business Development, Insituform Technologies, Inc. from August 2003 to April 2006. Responsible for revenue and margin growth,also the leadership,training and development of the southeastern sales team. • Technical Sales Representative, Insituform Technologies, Inc.August 1986 to August 2003. 6 SAK103 North Cool Springs Rd. O'FCONSTRUCTION,LLC us: (63lon, 37 -2366 PIPE REHABILITATION AND Bus: (636) 379-2350 TUNNEL CONTRACTOR Fax: (636) 379-2461 Tunnel&Pipe Rehabilitation Contractor Joe Huffman—Business Development • Joined SAK in November 2008,and is responsible for Business Development in central and western Missouri and eastern Kansas. • 17 years experience in the CIPP pipeline rehabilitation industry working with municipal clients, consulting engineers and contracting partners to fix underground infrastructure problems faced by municipalities. • From July 2007 through October 2008 served as Business Development Manager for TREKK Design Group. TREKK provides comprehensive services for evaluation,condition assessment, diagnosis and rehabilitation of sanitary and combined sewer systems. • Business Development Manager for Insituform Technologies, Inc.from July 1990 to April 2007. • Insituform Salesman of the Year for North American Division in 1997, 1998, 1999, 2000, 2001, 2004& 2005. • Member of the Missouri Water Environment Association (MWEA), Kansas Water Environment Association (KWEA), and American Public Works Association. Received the Golden Manhole Award from MWEA in 2002 and from KWEA in 2001. • President of the Engineers' Club of Kansas City 1996-1997. Tim Bussen—Project Engineer • Joined SAK in September 2007. • Estimator and Engineer responsibilities for projects throughout the Midwest U.S. • Responsibilities include jobsite surveys; project estimating, workload forecasting, bid preparation, submittals, project scheduling and project closeouts, and communication with client representatives throughout the project cycle. • Several years of field experience in hard-rock,soft-ground, and mixed-face tunneling with Affholder, Inc. as a laborer, and in CIPP pipeline rehabilitation as a Field Engineer with Insituform Technologies, Inc.—St. Louis, MO. • B.S. in Construction Management—Missouri State University. Cory Street—Project Engineer • Joined SAK in July 2008. • Estimator and project manager responsibilities for CIPP projects in the Southwest U.S.for SAK. • Responsibilities include jobsite surveys, project estimating, workload forecasting, bid preparation, submittals, and project scheduling and project closeouts. • 4 years experience in pipeline rehabilitation, specifically CIPP. • Experience includes various positions including laborer, field engineer, and project manager for Insituform Technologies, Inc. • B.S. in Construction Management from the Ira A. Fulton School of Engineering—Arizona State University. 7 04%6 SAK 103 North Cool Springs Rd. O'FCONSTRUCTION,LLC us: (63lon. 37 -2366 Bus: (636) 379-2350 PIPE REATIONAFax: (636) 379-2461 TUNNEL LCONCOMRJR RAC Tunnel&Pipe Rehabilitation Contractor Trenchless Experience SAK key personnel have installed millions of linear feet of cured-in-place pipe,and managed the installation of tens of millions of linear feet of cured-in-place pipe. SAK Construction, LLC is a relatively new entity, but our personnel are among the most experienced and well-known in the industry. Having formed the original Affholder company in 1968, Robert Affholder(SAK Vice Chairman) and Jerry Kalishman (SAK Chairman Tom Kalishman's father) purchased their first Insituform license in,1982. They subsequently bought five(5) additional licensees for a total of six(6)licensed geographies: Insituform Missouri, Insituform Central, Insituform Plains, Insituform Texark, Insituform Rockies, and Insituform Southeast. This combined company, Insituform Mid-America, grew to become the world's leading installer of Insituform,with sales of$107 million in 1995 representing more than 40%of the total sales for Insituform Technologies, Inc. worldwide. Jerry Shaw(SAK President)and Boyd Hirtz (SAK Vice President and General Manager) were both employed and heavily involved throughout this time as installers and project engineers. In October 1995,the merger of Insituform Mid-America, Inc.and Insituform Technologies, Inc. was completed. This put Bob Affholder in charge of all North American contracting for the corporation,Jerry Shaw became Vice President of Affholder, Inc. (tunneling) and Boyd Hirtz became a Vice President and General Manager in the central Midwest for Insituform (CIPP). Two of our Installers/Superintendents,Jeff Hirtz and Jason Laney, have been employed in the CIPP industry since each joined Insituform in 1996. Jeff Hirtz worked in a shop labor role before eventually managing the wet-out(resin impregnation of the dry felt tubes)for the central Midwest, and then becoming a Superintendent/Installer from 2004 to 2007. Jason Laney was initially a crew member, before becoming a Foreman on a crew in 1999, and ultimately a Superintendent/Installer from 2001 to 2007. During these time frames they have each been involved in the installation of hundreds of thousands of feet of cured-in-place pipe. We were fortunate to have them join SAK in late 2007. Steve Hirtz recently joined SAK as Vice President of Rehab Operations. He is responsible for all Cleaning, CCN, and CIPP Field Operations. As shown above Steve has been in the industry for 25 years holding positions from Superintendent to General Manager to Director. He has been responsible for CIPP installations from 4 inches in diameter to 96 inches in diameter. He has also managed projects with extensive CCN inspection work as well as bypass pumping systems that were designed to pump in excess of 220 MGD. Jeff Oberhofer is a General Superintendent for SAK based in Phoenix,Arizona, responsible for our CIPP installation operations in the Western and Southwestern U.S. He started in the industry with Insituform in 1984 in Chicago, Illinois, moved to Phoenix in 2001 as a General Superintendent, and became Operations Manager in late 2007. We were fortunate Jeff decided to join SAK in June 2008, and bring his 24 years of CIPP operations experience to our team. As an organization our people have seen and done it with cured-in-place pipe. Working for municipal, private, military/government, and industrial clients installing cured-in-place pipe in sanitary and storm sewers of various materials, shapes and diameters from 6 inches to 96 inches. 8 SAK103 North Cool Springs Rd. O'FCONSTRUCTION,LLC us: (63lon, 37 -2366 Bus: (636) 379-2350 TIUNN LCONTRACTOR Fax: (636) 379-2461 TUNNEL CONTRAC70ft Tunnel&Pipe Rehabilitation Contractor CIPP Liner Materials SAK provides a CIPP product that is a proven technology. We utilize AquaCureTM'-Coated Felt Inversion Liner manufactured by Applied Felts, Inc., who, with its parent company, Rawson Textiles, has provided polymer coated felt tubes for use in the CIPP lining industry for more than twenty(20)years. Applied Felts is a registered 150 9001:2000 company which has produced CIPP tube installed by more than 300 contractors operating in more than 30 countries. More than 60 million linear feet of Applied Felts product has been installed worldwide,of which 35 million linear feet has been successfully installed in the United States. Applied Felts was the sole supplier of coated felt materials worldwide until the late 1980s,when Insituform Technologies, Inc. began manufacturing their own coated felt CIPP tubes. SAK Construction, LLC is certified by Applied Felts to install their lining materials,follows their recommended installation procedures, and Applied Felts provides engineering support and technical assistance to its installers. Accompanying this document is a Qualification & Process License Certification from Applied Felts, Inc.for SAK Construction, LLC,along with literature on Applied Felts' AquaCureTM, and a copy of Applied Felts ISO 9001:2000 Certificate of Registration. SAK utilizes cured-in-place pipe resins manufactured by AOC and Interplastic leaders in the CIPP resin industry, and registered ISO 9001:2000 companies. The third party test results supporting the short- term and long-term performance of the resin products we install are available upon request. SAK installs cured-in-place pipe in accordance with ASTM F1216 for inversion and curing. 9 SAK CONSTRUCTION PROJECTS LIST AS OF FEBRUARY 3,2010 Total Percent Footage Project Name Owner SAK Client Contact Name&Telephone Footage Complete Complete Olaromm, Tremont Subdivision Sewer OPP Repair VN.ze of Godfrey,IL Village of Godfrey,IL Dennis Hartman;Village of Godfrey 1612 100% 1612 8" 618/466-0319 Sa nitary Sewer Rehabilitation at Eason Dr. City of Carbondale,I L Oty of Carbondale,IL Gary Miles;City of Ca rbonda le 3430 100% 3430 8",10",15" 618/549-5302 2007 Sa notary Sewer Improvements City of Osawatomie,KS Bates Utility Co.,Inc. Kris Bates;Bates Utility Co. 37242 10096 37242 8",ID",12" 636/939-5628 Gra nd Avenue Sewer Reha bilitation MSO St.Louis OJ.La ughli n Plumbing Co. Dan Laughlin;OJ.Laughling Plumbing 250 100% 250 18" 636/225-0992 Sewer Rehabilitation Ciryof Mt.Olive,IL City of Mt.Olive,IL Jesse Maynard,E.I.;HMG Engineers 4319 100% 4319 8",I1)' 618/596-3711 Rehabilitation of Sanitary Sewers by Liner Roger Kruil;City of Lincoln,NE Insertion Ory of Uncoln/Lancaster County,NE City of Lincoln/Lancaster County,NE 402/441 7985 4603 10096 4603 V,12- 2007 Sanitary Sewer Improvements Buccaneer Bay SID No.5;Cass County,NE Buccaneer Bay SID No.5 Lucas Billesbach,E.I.;IED Consulting Group 2896 100% 2896 8" 402/934-4850 20085anitarySewer Lining Program City of Davenport,IA Ory of Davenport,IA Brian Schmidt;Ory of Davenport,IA 17408 100% 17408 8",10",12",14" 563/327-5156 Basin 17 Rehabilitation City of lefferson,MO City of Jefferson,MO Eric Seaman,P.E.;City of Jefferson,MO 34458 100% 34458 573/634-6443 36",42" Sm.Nam.Sanitary Sewer Rehab-JDA 1,2, City of Phoenix,AZ AchenGardner Engineering,LLC Dan Broderick;AchenGardner Engineering,LLC 49136 1D0% 49136 8".30",12" &3-COP Project 410810[062 480/940-130D Pipestons Sanitary Sewer Lining 2008 City of Pipestone,MN City of Pipestone,MN Scot Leddy,P.E.;Banner Associates,Inc. 10402 10D% 10402 8",10" 605/692-6342 Contract No.4 Wastewater Collection Paducah-McCracken Joint Sewer Agency Paducah-McCracken Joint Sewer Agency John Hodgen Paducah-McCracken JSA 12332 100% 12332 System Rehabilitation 27G/S75-00S6 Jimmerson Creek Rehabilitation Little Rock Wastewater Utility Building&Utility Contractors,Inc. Kouresh Malek;Building&Utility Con[ractors 501/397-2594 3837 100% 3837 Biglow/Bush Sewer Rehabilitation Cty of St.Paul,MN Ory of St.Paul,MN Patrick Lowery;City of SC Paul 34711 100% 34711 8",9',10", 651/266-6251 21",24",7]" Waterloo Sewer Rehabilitation Otyof Waterloo,IL City of Waterloo,IL Jesse Maynard,E.I.;HMG Engineers 370 IDD% 370 1",24" 618/596-3711 2008 Sanitary Sewer Sllplining City of Waverly,NE City of Waverly,NE Justin Stine;IED Consulting Group 3176 100% 3176 V. Improvements 402/4354110 9-inch OPP Rehabilitation City of Scottsdale,A2 Western Waterworks Contracting Watkins;Western Waterworks Contracting6231879-7420623/8797420 150 IOD% 150 g" IOC 99th Ave.Interceptor Sewer Siphon City of Phoeniz,AZ quest Civil Constructors,Inc. Nick Mason;quest Civil Constructors,Inc. 276 100% 276 36",42" Structures Improvements 602/725-6286 24-inch CIPP Rehabilitation of Air Line at pima County,Al ques[Civil Constructors,Int. Scott Gossford;quest Civil Constructors,Inc. 750 10096 750 24" the Roger Road Treatment Plant 520/887-6011 SAK CONSTRUCTION PROJECTS LIST AS OF FEBRUARY 3,2010 Totel Percent Footage Project Name Owner SAK client Contact Name&telephone Footage Complete Complete Diameters Sa nitary Sewer Rehabilitation landmark City of Pevely,MO Cry of Pevely,MO Jeff Huck,P.E.;Cochran 6924 10096 6924 6",8" Mobile Home Park 636/584-0540 Sanitary Sewer Collection System City of Baldwin,IL City of Baldwin,IL Travis Liefer,Rhutasel and Associates 11258 ]G% ]881 8" Rehabilitation 618/532-1992 La age Diameter Sewer Rehabilitation Little Rock Wastewater Utility Little pock Wastewater Utility Keith Brown;Little pock Wastewater Utility USE, 100% 3450 18",24",42"48" 501/223-1520 Rehab of Sewer Mains by Ll ning& GaryTillman;Burk-KleiKIennpeCeq Inc. Abandonment in Orange Grove/Hope VI Mobi le(AL)Area Water&Sewer System Mobile(AL)Area Water&Sewer System 251/342- 5218 100% 5278 8",10",18",23" Area Nameoki Area Manhole and Sewer City of Granite Ory,IL City of Granite Cty,IL Steve Osborrr,Juneau Assocot.,lnc 25000 ]8% 19500 8",30",12",22fi1" Rehabilitation 616/8]]-1400 Allsop Rehabilitation Uttle Rock Wastewater Utility Building&Utility Contraction,Inc. Kouresh Malek;Building&Utility Contractors 9449 100% 9449 6",8",24",27" 501/397-2594 Euclid/Edgewater Sewer Lining City of St.Paul,MN City of St.Paul,MN Patrick Lowery;City of St,Paul 32260 100% 32260 651/2666251 Sunrise Estates Sewer Rehabilitation Boone Count Regional Sewer District Boone County Regional Sewer District Andy Lister Boone Co.Regional Sewer District County g ry g 573/441-0210 17142 100% 17142 8" 2009 Trenchless Sewer Line Rehabilitation Little pock Wastewater Utility ❑[[le Rock Wastewater Utility Oren Noble;Little Rock Wastewater Utility 4936 100% 4936 Work Orders 1&2 501/6BB-1452 Sm.Diann.Sanitary Sewer Rehab-JOA 4- City em of Phoenix,AZ Achen-Gardner Engineering,LLC Dan Broderick;AchGardner Engineering,LLC 19014 100% 19014 8",12" COP Project 4108JO 062 480/940-1300 Infrastructure Repairs FY2009 Phase II MSD St.Louis MSD St.Louis Ron Moore;MSD St.Louis 225087 406 90035 6",8",10",12",15",18"21", 314/]686388 24",30",42- 2008 WMD Annual Sanitary Sewer Cit and County of Denver,CO Ci Wayne Quarry,City of Denver,CO Improvements-Contract No.CE80829 y city County of Denver,CO 303/4463641 119854 55% 67358 8",10",12" CIPP Uning at the University of Arkansas Mickey Reese;Arkansas Cleaning&Televising University of Arkansas Medical Center Arkansas Cleaning&Televising 819 100% 819 10",12" Medical Center 501/687-1610 CIPP Rehabilitation Express Scripts Campus MSD St.Louis Cla Collette Hermann Koscielski;CII Inc. yco,Inc 314/592-2173 400 1 O 400 12" CIPP Rehabilitation-EI Dorado,KS City of EI Dorado,KS City of EI Dorado,KS Kurt Bookoury City of EI Dorado,IS 316/321-910D 7059 lOD% 7059 Northern&91st Avenue Emergency Repair City of Peoria,AZ Quest Civil Constructors,Inc. Nick Mason;Quest Civil Constructors,Inc. 901 100% 901 24",36" 602/725-6286 DC-09 Sanitary Relief(SKME-655)Separate MSD St.Louis MSD St.Louis Ron Moore;MSD St.Louis 28414 ]0% 1969D Sewer Area 1/1 Reduction(900019C) 3141]6&6388 Proposal g7-09-UF Sewer Rehab Marshall(MO)Municipal Utilities Marshall IMO)Municipal Utilities Monte Chase;Marshall Municipal Utilities 660/8866966 575 100% 575 8',12" Camp Verde-Force Main Replace ]% SAK CONSTRUCTION PROJECTS LIST AS OF FEBRUARY 3,2010 Total Percent Footage Project Name Owner SAK Client Contact Name&Telephone Footage Complete Complete Diameters Sm.Diam.Sanitary Sewer Rehab-JOA 6- Dan Broderick;Achen-Gardner Engineering,LLC COP Project 410WOM62 City of Phoenix,AZ Achen-Gardner Engineering,LLC 480/940-1300 11305 100% 11305 8",12" Seacoast Utility Authority-Annual Gravity Sewer Rehabilitation using CIPP-Work Seacoast Until.Auth.;Palm Bch Gardens, Seacoast Util.Auth.;Palm Bch Gardens,FL Keith Haas;Seacoast Utility Authority 9597 8096 7678 S",18-,24- Orden FL 561/627-2900 Improvements to Sunburst Farms Sunburst Farms Irrigation Water Delivery Sunburst Farms;Glendale,AZ Dirt. Sunburst Farms;Glendale,AZ 6021938-8764, 2750 100% 2750 24" Sm.Diam.Sanitary Sewer Rehab- Ciryof Phoenix,Al Achen6artlner Engineerin&LLC Dan Broderick;Achen-Gardner Engineering,LLC 16628 100% 16626 8",10",12" JOA 7-COP Project 410810[062 480/940.130D Sm.Diameter Sanitary Sewer Rehab-JOA Dan Broderick;Achenbardner Engineering,LLC 8-COP Project 410810[062 City of Phoenix,AZ AchenGardner Engineering,ULC qg0/gq0-1300 15827 5% 791 8" Sm.Diameter Sanitary Sewer Rehab-JOA City of Phoenix,AZ AchenGardner Engineering,LLC Dan Broderick;AchenGardner Engineering,LUC 8801 100% 8801 8",12" 9-COP Project 4108100062 480/940-1300 Johansen Construction,Inc.; Burris Road Sewer Interceptor Project City of Casa Grande,AZ Johansen Construction,Inc. Prescott Valley,AZ 374 3% 13 24",30",36" 928/772-2489 Johnson Co.Wastewater-CIPP Term& Joe Barnes;Johnson Co.Wastewater Supply Contract Johnson Co.Wastewater;Olathe,KS Johnson Co.Wastewater;Olathe,KS 913/715-8636 22472 O16 0 8",12",15",21" Northern: 83rd Ave,to 91st Ave.-CIPP of Nick Mason;Quest Civil Constructors,Inc. 24" UT00293 City of Peoria,AZ Quest Civil Constructors,Inc. 602/725-6286 5121 100% 5121 24" 2009 Sanitary Sewer Maintena nce;P.N.1- Olathe,KS Olathe,KS Ric Gere;Olathe,KS 9914 100% 9914 8",12"- [-075-09,Contract 1 913/971-9119 NSRP Trenchless Sewer Repairs Unified Government of Wyandotte Co., Unified Government of Wyandatte Co., Jim Doggett;U nified Gov.of Wyandotte Co.,KS q]8 SDO% 478 8",12",15",3C KS 913/573-5700 Meadows Alta Parallel Project City of Las Vegas,NV Conmi Const.Co.;las Vegas,NV Joe Pescio;Contri Construction Co. 702/458-6004 1027 10096 1027 Sm.Diameter Sanitary Sewer Rehab-JOA qty of Phoenix,AZ Achen-Gardner Engineering,LLC Dan Broderick;AchenGardner Engineering,LLC 15846 100% 15846 9",10",12" 10-COP Project 41M00062 480/94P1300 City of Clinton,2039 Sanitary Sewer Ci[ of Ointon,MO Ci of Clinton,MO Cliff Jordan;City of Clinton,MO Repair5(CIPj y City 660/885-6611 IM70 100% 10670 8",12" Cl PP Rehabilitation of 1525 LF of 15" Camden Water Utilities,Camden,AR Camden Water Utilities,Camden,AR David Richardson;Camden Water Utilities 1525 100% 1525 15" SanitarySewer 870/836-7331 Village of Brighton B"Sewer Rehab Village of Brighton,IL Village of Brighton,IL Tim Ferguson;Village of Brighton 925 100% 925 B" Indian School Rd Improvements-CIPP of City of Scottsdale,AZ Achen6ardner Engineerin&LLC Brian Froelich;AchenGardner Engineering,LLC 374 100% 374 24" 24"SRP(STA 20+26.4 To 24.02.5) 602/376-0103 Northern: 91st Ave.to 99th Ave.-CIPP of City of Peoria,AZ Quest Civil Constructors,Inc. Nick Mason;Quest Civil Constructors,Inc. 4051 100% 4051 36" 36" 602/725-6286 Greenbrier/Lawson Cored In Place Sewer Patrick Lowery;City of St.Paul 30",33",36",39",42",48", Uning Project City of S.Paul,MN City of S[.Paul,MN 651/266-6151 6612 0% 0 54",60",72" SAK CONSTRUCTION PROJECTS LIST AS OF FEBRUARY 3,2010 Total Percent Footage Project Name Owner SAK Client Cul Name&Telephone Footage Complete Complete Diameters 48"CIPP MSD St.Louis Bates Utility Co.,Inc. Kris Bates;Bates Utility Co. 100 100% 100 48" 636/939-5628 PAR 1112-Interceptor Rehabilitation 2009 Metro Wastewater Reclamation District Metro Wastewater Red.Dist;Denver,CO Matthew Duncan;Metro Wastewater Recl.Dist. 12281 10% 1228 8",10",15",18",24",27', 303)286-3422 30",36',39",42" Yavapai-Apache Sewerline Replacement yavapai-Apache Nation Yavapai-Apache Nation Ken Fitzgerald;Sr.Field Engq Indian Health Services 6000 100% ESSEX) 8" Project,WA 05-09 480/592-0091 ext.237 Sanitary Sewer Rehabifnation Project- Rick Shain,G Administrator;Ma 2009 Marysville,KS Marysville,KS ty Marysville,KS 785/562-5331 2514 100% 2514 8" Cretex Concrete-City of St Joseph,MO City of St.Joseph,MO Cretex Concrete Products Midwest Steve Rowla Pill,Cretex Concrete Products Midwest; 707 100% 707 36" 913/422-3634 City of St.Joseph,MO Cl PP Project City of St.Joseph,MO City of St.Joseph,MO Ga ry Leftin,City of St.Joseph,MO q38] 66% 2895 8",10",12",15",18",21", 816/271-0848 24",27',36" BNSF Railroad CIPP Rehab BNSF Railroad,Newton,KS Kiszick Construction CompanLim Kissick;Kissick Construction Companyy 816/363-5530 483 100% sB3 DB Lee Water Reclamation Plant Mike Brink;City of Melbourne,FL 50 LF of 42-Diameter CIPP City of Melbourne,FL City of Melbourne,FL 321/255-4617 50 100% 50 42" City of Belton,MO-CIPP Unin City of Belton,MO City of Belton,MO Dennis Hudson;City of Belton,MO g 816/331-7789 4703 77% 3621 8",10",36" 2008/09 Rehabilitation of Sanitary Sewer City of Lincoln/Lancaster Count,NE Ci of Lincoln/Lancaster County,NE Roger Krull;City of Lincoln,NE by Liner l nsertion y City ty' io2/4431985 16926 Z% 2]I 8",30",12" Basin 16 Rehabilitation Ci of Jefferson,MO Ci of Jefferson,MO Eric Seaman,P.E.;City of Jefferson,MO City City 573/634-6443 39811 2% 637 6",8",10",12",15",54" Cured-in-Place Line Rehabilitation 2009- Salt Lake City Suburban Sanitary District Don Telford,P.6;SLCSSO#1 2010 N1 Salt Lake City Suburban Sanitary District#1 801/262-2904 12786 72% 9193 12",15",18" Vermillion Sa runs Sewer Improvements City of Vermillion,SO Ci of Vermillion,SO Scott Mohror,P.E.;Ba nner Associates,Inc. ry p City 605/692-6342 13948 35% 4812 Village of Albers Sewer❑ning Village of Albers,IL Pillage of Nbers,IL Jesse Maynard,E.I.,HMG Engineers 618/596-3]11 1580 100% 1580 8" Sanitary Sewer Improvements City of Spring Hill,KS City of Spring Hill,KS Julie Parker,Ponzer-Youngquist Engineers 913J782-0541 5072 100% 5072 8",12" CIPP Lining of S"Sanitary Sewer Line on Pillage of Palm Springs,FL Village of Palm Springs,fL Bill Davis,Village of Palm Springs,FL Purdy Lane at Rue Road p g561/965-5770 382 13% 50 B" CIPP Un,ng of 1115 E.Edwards Street 30" Erie Lance,City of Mar Wille,MO Diameter Sanitary Sewer Line City of Maryville,MO City of Maryville,MO 66D/562-3]13 507 100% 507 10" City of Eldon-Collection System City of Eldon,MO Stockman Construction Corp.; Luke Hake,Stockman Construction Corp. 1280 SDp% 1280 IZ" Improvements in Miller County Jefferson City,MO 573/635-1316 Live Oak(FL Y Sewer Rehab Cit of Live Oak,FL WRS Compass(Infrastructure& Troy Freed,WRS Compass Environment,Inc.);Tampa,FL 999/213- 8 36500 72% 26,126 6",8",30",12",15" SAK CONSTRUCTION PROJECTS LIST AS OF FEBRUARY 3,2010 Total Percent Footage Project Name Owner SAX Client Contact Name&Telephone Footage Complete Complete Diameters Bruce D.Remsbe%P.E.;Professional Engineering 8",10",12",15"footage includes Sanitary Sewer Line Repair ProleRl City of Pittsburg,IS City of Pittsbur&KS Consultants 620/235-0195 23455 6% 1478 20191f of pipebursting of W) Wastewater Gravity Sewer Reha bllitationof City of TampaFL City of Tampa,FL Jim Greiner4l 56Tampa,FL 0 2% 0 by Cured-in-place Pipe(C.L ,P.P.)FY1D 813/213/274-8456 Walmart/0'Fallon 8-inch Sanitary Sewer Buddy Hulbert;Weis Builders,Inc. Line Rehabilitation City of O'Fallon,MD Weis Builders,Inc.;Minneapolis,MN 612/743-5000 202 100% 202 8" Proposed Interceptor Sewer GalesburglL Sam District Galesbur IL Sanitary District Steve Bruner;Bruner,Cooper&Zuck,Inc. Improvements ( ) N 8{ ) ry 309/343-9282 3743 2% 67 10",18",24",27" Riverstone Apartments-8 inch line Price Development Group; Price Development Group; Monte Wendler;Price Development Group 200 0 8" Kansas City,MO Kansas City,MO 816/268-5880 Los Coyotes Water Reclamation Plant Interceptor Sewer Rehabilitation, County Sanitation Districts of Los Angeles County Sanitation Districts of Los AngelesMichael Tatalovich;GSD ofAngeles(CA) IN25 1% 125 54",63",75",78" Phase 11 County(U) County JCA) 562/908-0288 ext..11623 Total Footage Contracted/Defined 1081717 701424 CITY OF SAN JUAN CAPISTRANO ADDENDUM NO.4 TO CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF HYDRAULIC CAPACITY PROJECT#1 SEWER REHABILITATION (CIP 7706) April 14, 2010 Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Contract Documents. This Addendum shall take precedence over the original contract documents. Bidders shall acknowledge receipt of this Addendum by signing this page and faxing a copy of same to the City of San Juan Capistrano at 949-493-3955 at least 24-hours prior to the time of bid opening. In addition, the signed confirmation page for all addendums shall be included with Bid. Bid Documents and Addendums are also accessible via the following FTP site: ftp.tetratech.com Username: isgguest Password: welcome2isg Browse to: "Outbound"-"SanJuanCapistrano"-"SanJuanHCP I-Bid-Docs" This Addendum consists of 3-pages and the following attachments: 1. Bid Schedule— I-page 2. Section 13500-A4-CIPP; p. 13500-A4-01 through 13500-A4-14 Approved by: Date: e ankawich City of San Juan Capistrano Received by: Date: Bidder's Company Bidder's Signature Bidder's Typed or Printed Name City of San Juan Capistrano HCP#1 -Addendum No.4 Page 2 of 3 A. REVISIONS TO THE SPECIFICATIONS 1. Notice Inviting Bids,N-1, Change of Bid Opening time, Delete: 2:00 PM on April 16, 2010 Replace with: 2:00 PM on Monday, April 19, 2010 2. Bid Forms—Bid Schedule Delete: the Bid Schedule in its entirety. Replace with: The attached Bid Schedule, indicating Addendum#4 revision. 4. Section 010000-1.36-I. SIPHON REHABILITATION AT TRABUCO CREEK (BID ITEM NO.9) Delete: I, in its entirety. Replace with: "I . SIPHON REHABILITATION AT TRABUCO CREEK(BID ITEM NO. 9) 1. Payment this item will be made at the Contract lump sum price bid therefore in the Bid Schedule, complete in place, in accordance with the Contract Documents. The lump sum price for this work shall be per this bid item and no additional compensation will be allowed. The Contract lump sum price bid shall include full compensation for furnishing all labor, tools, equipment,materials and incidentals,and for doing all work involved with constructing cured-in- place-pipe for all three barrels of the siphon, consisting of one 8-inch, one 10-inch pipes and one 12-inch, each of which is 200-linear feet in length, and for which payment is not otherwise provided for under the Contract,and no additional compensation will be made therefore. 2. The Contract lump sum price bid shall include,but not be limited to the cost of pre-bid verification of diameter and linear length,cleaning and evacuation of standing sewage,pre- installation video,installation and curing of liner,trimming and finishing manhole connection and post-construction video, all in conformance with the Contract Documents." 5. Section 013500-1.1-C.-SUMMARY OF THE WORK Delete: Table titled"DESCANSO PARK"AREA Replace with: "DESCANSO PARK"AREA Nominal Approximate MH A MH Reach Location/Descrlption Sewer Diam Length (ft) in 44-3 444 49 490 113 114 D12 Inverted Siphon under Trabuco Crk lof 3 8 200 113 114 D12 Inverted Siphon under Trabuco Crk 2of 3 10 200 113 114 D12 Inverted Siphon under Trabuco Crk Sof 3 12 200 114 1 115 1 D12-South Edge of GW Treatment Plant 18 352 "DESCANSO PARK"TOTAL: - 952-LF City of San Juan Capistrano. HCP#1 -Addendum No.4 Page 3 of 3 6. Section 013505-2.2 Delete: "B. Lateral sealing system shall consist of a full-wrap in the main line and shall extend 12-to 18-inches into the lateral." Replace with: "B. Lateral sealing system shall extend a minimum of 12-inches into the lateral." B. EXffiBITS 1. Exhibits D12 Regarding the inverted siphon between manhole 113 and manhole 114. Delete: 18" 180' and"This is a three barrel siphon,consisting of two 10"and one 8"pipes. All three pipes shall be lined with CIPP per these specifications, except that they shall be cured with hot water or UV (steam not allowed for this reach). Contractor shall evacuate each pipe and remove all standing water,video submittal to Engineer,perform CIPP operation." Replace with: "This is a three barrel siphon,consisting of one 8-inch,one 10-inch and one 12-inch pipes. All three pipes shall be lined with CIPP per these specifications,except that they shall be cured with hot water or UV(steam not allowed for this reach). Contractor shall evacuate each pipe and remove all standing water,video submittal to Engineer and perform CIPP operations,all in accordance with the Contract Documents." * END OF ADDENDUM#4 CITY OF SAN JUAN CAPISTRANO ADDENDUM NO. 3 TO CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF HYDRAULIC CAPACITY PROJECT#1 SEWER REHABILITATION (CIP 7706) April 13, 2010 Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Contract Documents. This Addendum shall take precedence over the original contract documents. Bidders shall acknowledge receipt of this Addendum by signing this page and faxing a copy of same to the City of San Juan Capistrano at 949-493-3955 at least 24-hours prior to the time of bid opening. In addition, the signed confirmation page for all addendums shall be included with Bid. This Addendum consists of 4-pages and the following attachments: 1. Bid Schedule— I-page 2. Section 010000-A3 —General Requirements; p. 010000-A3-01 through 010000-A3-19. 3. Section 13500-A3 —CIDP; p. 13500-A3-01 through 13500-A3-13 4. Section 13505-A3 — SLSS; p. 13505-A3-01 through 13505-A3-03 5. Section 13600-A3 —MH Rehab.; p. 13600-A3-01 through 13600-A3-10 Approved by: L_.- Date: ! a ankawich City of San Juan Capistrano Received by: Date: Bidder's Company Bidder's Signature Bidder's Typed or Printed Name City of San Juan Capistrano HCP#1 -Addendum No.3 Page 2 of 4 A. REVISIONS TO THE SPECIFICATIONS 1. Notice Inviting Bids, N-1,Change of Bid Opening time, Delete: 2:00 PM on April 15, 2010 Replace with: 2:00 PM on April 16, 2010 2. Bid Forms—Bid Schedule Delete: the Bid Schedule in its entirety. Replace with: The attached Bid Schedule, indicating Addendum#3 revision. 3. Section 010000-1.36-B. TEMPORARY SEWER BYPASS (BID ITEM NO. 2) Delete: 2. in its entirety. Replace with: "2. The Contract unit price bid shall include, but not be limited to the cost of providing all required equipment such as pumps, generators, piping, valving, including the new manhole upstream of Manhole 141, site cleanup and restoration, all in conformance with the Contract Documents." 4. Section 010000-1.36-1. SIPHON REHABILITATION AT TRABUCO CREEK (BID ITEM NO. 9) Add: "I . SIPHON REHABILITATION AT TRABUCO CREEK(BID ITEM NO. 9) 1. Payment this item will be made at the Contract lump sum price bid therefore in the Bid Schedule, complete in place, in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for furnishing all labor, tools, equipment, materials and incidentals, and for doing all work involved with constructing cured-in-place-pipe for all three barrels of the siphon, consisting of two 10-inch and one 8-inch pipes, each of which is approximately 200-linear feet in length, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include, but not be limited to the cost of pre-bid verification of diameter and linear length, cleaning and evacuation of standing sewage,pre-installation video, installation and curing of liner,trimming and finishing manhole connection and post-construction video,all in conformance with the Contract Documents." City of San Juan Capistrano HCP#1 -Addendum No.3 Page 3 of 4 5. Section 13500 -3.1-C INSTALLATION RESPONSIBILITIES FOR INCIDENTAL ITEMS Add: "D. Existing Sewers—Contractors are encouraged to review the videos of the existing sewers provided by the City. Contractor's attention is directed to the fact that the subject sewers were originally constructed with a variety of different materials, including but not limited to VCP, DIP and plastic lined ACP. In many areas, the plastic liner is delaminated and will require removal before installation of the new liner. Many of the existing pipe joints are deteriorated and the upper portion of the gasket is banging down into the flow path. All obstructions, including gaskets shall be robotically removed as part of the cleaning process. This work shall be included in Contractor's bid price and no additional compensation will be made. 6. Section 013505-1.2 MANUFACTURER'S EXPERIENCE Delete: in its entirety. Replace with: "The manufacturer of the lateral repair system to be used must be able to document a minimum of 5,000 successful installations in the U.S. within the past 5 ears." 7. Section 013505-1.3 INSTALLER EXPERIENCE Delete: in its entirety. Replace with: "The installer must be able to document a minimum of 500 successful installations,of the type to be used on this project, in the U.S. within the past 5 ears." 8. Section 013505-2.2 Delete: B. in its entirety. Replace with: "B. Lateral sealing system shall consist of a full-wrap in the main line and shall extend 12-to 18- inches into the lateral." 9. Section 013600-1.1-B IDENTIFICATION OF MANHOLES TO BE REHABILITATED Delete: B. in its entirety. Replace with: The attached Section 013600-A3. City of San Juan Capistrano HCP#1 -Addendum No.3 Page 4 of 4 B. EXHIBITS 1. Exhibits D12 Regarding the inverted siphon between manhole 113 and manhole 114. Delete: 18" 180' Replace with: "This is a three barrel siphon, consisting of two 10"and one 8"pipes. All three pipes shall be lined with CIDP per these specifications, except that they shall be cured with hot water or UV (steam not allowed for this reach). Contractor shall evacuate each pipe and remove all standing water,video submittal to Engineer,perform CIPP operation." C. QUESTIONS ASKED DURING BID PHASE 1. Question: Is UV the only acceptable curing method for the work described in Section 13505 SLSS? Answer: Acceptable curing methods for SLSS are UV, steam and ambient. 2. Question: Is polyester or vinyl ester the only acceptable materials for the work described in Section 13505 SLSS? Answer: Acceptable materials include polyester, vinyl ester and epoxy. * END OF ADDENDUM #3 This is EXHIBIT B,consisting of one page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR. BID SCHEDULE (Revised per Addendum#31 HYDRAULIC CAPACITY PROJECT #1 —SEWER REHABILITATION CIP NO. 7706 ID Description Estimated Unit Unit Price Extended QuantityPrice 1 Mobilization and Preparatory Work 1 LS Cannot exceed 5%of bid items 2-9 2 Temporary Sewer Bypass 1 LS 3 Cured-In-Place-Pipe 21" 705 LF 4 Cured-In-Place-Pipe 18" 778 LF 5 Cured-In Place-Pipe 8" 8,325 LF 6 Sewer Lateral Sealing System for 8" Lateral 10 EA 7 Manhole Rehabilitation 50 EA 8 Traffic Control, Public Convenience and Safety 1 LS 9 Siphon Rehabilitation at Trabuco Creek 1 LS TOTAL: Name of Bidder or Firm Hydraulic Capacity Project#1 —Sewer Rehabilitation UNIT PRICE BID SCHEDULE P909290V34-09290-10002\WadpmDraflsl dendum03W9Bid Schedule rev3.dorx BID FORMS SECTION 013500-A3—CURED-IN-PLACE-PIPE (CIPP) PART1 -GENERAL 1.1 INTENT A. It is the intent of this specification to provide for the reconstruction of sewers by the installation of a resin-impregnated flexible fiber tube, which is tightly formed to the original pipe. The resin shall be cured using hot water, steam or ultraviolet light(UV). The cured-in-place-pipe (CIPP)will be continuous and tight fitting. B. All work shall be performed in accordance with applicable OSHA standards, including all requirements for entering and working in confined spaces. C. SUMMARY OF THE WORK "ORTEGA NORTH" Nominal Approximate MH MH Atlas Sheet-Reach Location/Description Sewer Diam Length (in) ($) 120 149 G7 -Ortega Highway 8 408 149 119 G7 -Ortega Highway @Shade Tree 8 310 119 114 G7 -Ortega Highway @ Shade Tree 8 282 127 116 G7 -Ortega Highway @ Ave Toyon 8 347 116 179 G7-Ortega Highway @ Strawberry Lane 8 382 179 184 G7 - Ortega Highway @ Cristal 8 206 184 177 G7 -Ortega Highway @ Cristal 8 144 177 125 F8&G7 -Ortega Highway @ Palm Hill Dr. 8 364 125 124 F8 -Ortega Highway @ Via Cordova 8 254 182 181 67 -Ortega Highway @ Cristal 8 150 181 177 G7 -Ortega Highway @Cristal 8 39 "ORTEGA NORTH"TOTAL: 2,886-LF Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A3- 1 P909290\134-0929040002\Wa proDraft Wdendum0312&013500-CIPP-addwdumldC CURED-IN-PLACE-PIPE "ORTEGASOUTH" Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 145 143 F8 -Ortega Highway @ Cle Entradero 8 278 143 137 F8 -Ortega Highway @ Linda Vista 8 386' 137 136 F8 -Ortega Highway 8 376 136 135 F8 -Ortega Highway @ Via Guartel 8 386 135 134 F8 -Ortega Highway 8 140 134 180 F8&E8 - Ortega Highway @ Sundance 8 309 180 160 E8 -Ortega Highway @ Sundance 8 240 160 137 E8-Ortega Highway @ Belford 8 240 137 133 E9-Ortega Highway @ Windsong 8 296 133 143 E9-Ortega Highway @ Windsong 8 219 143 138 E9 -Ortega Highway 8 213 138 142 E9 -Ortega Highway @ La Novia 8 214 142 119 E9-Ortega Highway @ La Novia 8 359 "ORTEGA SOUTH"TOTAL: 3,656-LF "VERDUGO"AREA Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 127 128 Right of Way 8 174 128 120 Right of Way 8 230 120 139 Verdugo St 8 43 139 140 Los Rios St 8 120 "VERDUGO"TOTAL: 567-LF Hydraulic Capacity Project#1 — Sewer Rehabilitation 013500-A3 -2 PA09290\134-09290-10002\WordproDrafisVWdendum03\25-013500-CIPP-addendum-3 dmx CURED-IN-PLACE-PIPE "LA PALOMA"AREA Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 141 184 D I I -Easement 21 196 184 126 D 11 -La Paloma 21 177 126 127 DI I -La Paloma 21 332 127 133 D11 -Camino Capistrano 18 458 433 449 Eesexrent (Not In Contract) 48 473 44,9 44-7 n cTcn RR Cressins (Not In Contract) 48 488 443 438 Miguelita Read (Not In Contract) 45 .18 178 129 Df 1 -Alley 8 23 129 132 Dl l -Alley 8 71 132 122 D1 I -Alley 8 316 122 125 DI -Alley 8 589 125 124 DI -Alley 8 217 "LA PALOMA"TOTAL: 2,379 "DESCANSO PARK"AREA Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 113 114 D 12 - Siphon Under Trabuco Creek 18 180 114 115 D12 - South Edge of GW Treatment Plant 18 352 "DESCANSO PARK"TOTAL: 532-LF 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 General Requirements, apply to this Section. B. This specification references standards from the American Society for Testing and Materials, such as: 1. ASTM D543—Resistance of plastics to Chemical Reagents; 2. ASTM D 638—Tensile Properties of Plastics; Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A3 -3 P'.�091905134A9290-10002WVwtlproDraHsVWdaMum0325-013500-CIPP-adtlantlum-3.tlocx CURED-IN-PLACE-PIPE 3. ASTM D790 - Test Methods for Flexural Properties of Un-reinforced and Reinforced Plastics and Electrical Insulating Materials; 4. ASTM D2990- Tensile, Compressive, and Flexural Creep and Creep-Rupture of Plastics; 5. ASTM D5813 -Cured-in-Place Thermosetting Resin Sewer Pipe; 6. ASTM F1216 - Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin-Impregnated Tube; 7. ASTM F1743 - Rehabilitation of Existing Pipelines and Conduits by Pulled-in-Place Installation of Cured-in-Place Thermosetting Resin Pipe(CIPP); 8. ASTM F2019-03- Rehabilitation of Existing Pipelines and Conduits by the Pulled in Place Installation of Glass Reinforced Plastic (GRP)Cured-in-Place Thermosetting Resin Pipe (CIDP); 1.3 SUMMARY A. Section Includes: 1. Product,Manufacturer and Installer Pre-Approval Minimum Requirements; 2. Tube Requirements; 3. Resin Requirements; 4, Structural Properties; 5, Design Requirements; 6. Minimum Liner Thickness Calculation Method, 7. Testing Requirements; 8. Installation Responsibilities for Incidental items; 9. Cleaning of Sewer Lines; 10. Bypassing Sewage; 11. Inspection of Prebid Videos; 12. Pre-Installation Videos; 13. Post-Installation Videos; 14. Public notifications; 15. Reinstatement of Branch Connections. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A3-4 PV9290\134-09290.10002\WordploDraft ddendumD3@5-013$00-CIPP-addendum-3.doa CURED-IN-PLACE-PIPE 1.4 SUBMITTALS—As a minimum, Contractor shall submit the following for review: A. Liner tube,resin, sealant fittings,adapters and specials. B. Calculations for liner thickness. C. CIDP System technical literature. D. Certificates and Affidavits I. Affidavit of compliance with applicable standards for resins and tube materials. 2. Certification that Contractor is a licensed installer of any patented process. 1.5 PRODUCT,MANUFACTURER AND INSTALLER QUALIFICATION REQUIREMENTS A. The sewer repairs specified herein are intended to have a 50-year design life. In order to minimize the Owner's risk,only proven products with substantial successful long-term track records will be approved. B. Products and Installers seeking approval must meet all of the following criteria to be deemed Commercially Acceptable. Failure of Contractor to proved adequate documentation indicating it meets all of these criteria will be grounds for disqualification of bid. I. For a Product to be considered Commercially Proven,a minimum of 250,000 linear feet or 4,000 manhole-to-manhole line sections of successful wastewater collection system installations in the U.S. must be documented to the satisfaction of the Owner to assure commercial viability. Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review. 2. For an Installer to be considered as Commercially Proven,the Installer must have had at least 3 (three)years active experience in the commercial installation of cured-in-place- pipe. In addition, the Installer must have successfully installed at least 10,000 feet of the CIDP in wastewater collection systems. Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review. 3. Sewer rehabilitation products submitted for approval must provide third party test results supporting the structural performance (short-term and long-term)of the product and such data shall be satisfactory to the Owner. Test samples shall be prepared so as to simulate installation methods and trauma of the product. Products without independent third party testing verification are not acceptable. Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review. 4. Both the rehabilitation manufacturing and installation processes shall operate under a quality management system which is third-party certified to ISO 9000 or other recognized organization standards. Proof of certification shall be required for approval. Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A3 -5 Pd09290\134-0929040002\WO pm@afisV dendum03125-013500-CIPP-addendum-3.dp CURED-IN-PLACE-PIPE C. Documentation for products and installers seeking pre-approved status must be submitted no less than two weeks prior to Bid date to allow time for adequate consideration. Owner will advise of acceptance or rejection a minimum of three days prior to Bid Opening. All required submittals must be satisfactory to the Owner. 1.6 BIDDER'S INSPECTION—Bidder shall examine CCTV video files of sewers and become familiar with the existing sewer conditions prior to submitting a bid. PART 2 -PRODUCTS 2.1 MATERIALS A. Tube-The tube shall be flexible, contain the approved resin and meet the requirements of ASTM F 1216 or ASTM F 1743. The tube shall be constructed to withstand installation pressures, have sufficient strength to bridge missing pipe, and stretch to fit irregular pipe sections. 1. The wet out tube shall have a relatively uniform thickness that when compressed at installation pressures will equal or exceed the calculated minimum design thickness. 2. The tube shall be manufactured to a size that when installed will tightly fit the internal circumference and length of the original pipe. Allowance should be made for circumferential stretching during inversion. Overlapped layers of felt in longitudinal scams that cause lumps in the final product shall not be utilized. 3. The outside layer of the tube shall be coated with an impermeable,flexible membrane that will contain the resin and all the resin impregnation(wet out)procedure to be monitored. 4. No dry or unsaturated layers shall be evident. 5. The wall color of the interior pipe surface of CIDP after installation shall be a relatively light reflective color so that a clear detailed examination with closed circuit television inspection equipment may be made. 6. The tube shall be marked for distance at regular intervals along its entire length, not to exceed 5 ft. Such markings shall include the manufacturers name or identifying symbol. The tubes must be manufactured in the USA. B. Resin-The resin system shall be a corrosion resistant polyester, vinyl ester, or epoxy system including all required catalysts, initiators or hardeners that when cured within the tube create a composite that satisfies the requirements of ASTM 2019, ASTM F1216 and ASTM F1743, the physical properties herein,and those which are to be utilized in the design of the CIPP for this proj ect. 1'. The resin shall produce a CIDP that will comply with the structural and chemical resistance requirements of this specification. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A3-6 PA0929034 9290-10002\WordproDraftV dendum03\25-013500.CIPP-addendum3.dom CURED-IN-PLACE-PIPE 2. The chemical corrosion resistance of the resin system shall be tested by the resin manufacturer in accordance with ASTM F 1216. 2.2 STRUCTURAL REQUIREMENTS A. The CIPP shall be designed per ASTM F 1216. The CIPP design shall be based on the assumption that no bonding to the original pipe wall occurs. B. Contractor must have performed long-term testing for flexural creep of the CIPP pipe material installed by said company. Such testing results are to be used to determine the long-term, time dependent flexural modulus to be utilized in the product design. This is a performance test of the materials(tube and resin) and general workmanship of the installation and curing. A percentage of the instantaneous flexural modulus value(as measured by ASTM D790 testing) will be used in design calculations for external buckling. The percentage,or the long-term creep retention value utilized, will be verified by this testing. Retention values exceeding 50%of the short-term test results shall not be applied unless substantiated by qualified third party test data to the Engineer's satisfaction. The materials utilized for the contracted project shall be of a quality equal to or better than the materials used in the long-term test with respect to the initial flexural modulus used in the CIDP design. C. The Enhancement Factor`K' to be used in `Partially Deteriorated' Design conditions shall be assigned a value of 7,no exceptions. D. The layers of the cured CIPP shall be uniformly bonded. It shall not be possible to separate any two layers with a probe. If the layers separate during field sample testing,new samples will be required to be obtained from the installed pipe. Any reoccurrence will serve as grounds for rejection of the work. E. The cured pipe material(CIPP)shall conform to the structural properties, as listed below. Material Strength Standards Property Test Method Low Modulus High Modulus Ultra High Modulus Modulus of ASTM D790 300,000 PSI 400,000 PSI 1,100,000 PSI Elasticity Flexural ASTM D790 4,500 PSI 21,800 PSI Strength Tensile Strength ASTM D638 3,000 PSI F. The required structural CIPP wall thickness shall be based as a minimum, on the physical properties indentified above and in accordance with the design equations in the Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A3- 7 Pi09290\134-09290-10002kWodp.DraftWdendum03�5-013500-CIPPaddendumldo CURED-IN-PLACE-PIPE Appendix X1, design considerations of ASTM F1216, and the following design parameters: 1. Design Safety Factor=2.0 2. Retention Factor for Long-Term Flexural Modulus— 1%-60% 3. Ovality(calculated per ASTM F1216 X1.1)= 10% 4. Enhancement Factor,K= 7 5. Groundwater Depth(above invert of existing pipe)= 3-feet 6. Soil Depth(above crown of existing pipe)= 10-feet T Soil Modulus= 1,000-psi 8. Soil Density= 120-pcf 9. Live Load=H2O(16,000-lbs) 10. Design Condition=fully deteriorated, no existing pipe strength. G. Layers of the tube that are not saturated with resin shall not be included in the structural CIDP wall thickness computation. 2.3 LINING DESIGN—The minimum CIPP liner thickness for the various sewer diameters shall be calculated in accordance with the methods described herein and submitted to the Engineer for review and approval. 2.4 TESTING REQUIREMENTS A. Chemical Resistance - The CIPP shall meet the chemical resistance requirements of ASTM F1216, Appendix X2. CIPP samples for testing shall be of tube and resin system similar to that proposed for actual construction. It is required that CIPP samples with and without plastic coating meet these chemical-testing requirements. B. CIPP Field Samples- Contractor shall submit test results from field installations in the USA of the same resin system and tube materials as proposed for the actual installation. These test results must verify that the CIPP physical properties specified above have been achieved in previous field applications. Samples for this project shall be made and tested as described below. 2.5 DELIVERY AND STORAGE—Delivery and storage of lining and other materials shall conform to the published requirements of the manufacturer. Contractor is responsible to furnish required storage facilities. Handle lining materials in compliance with manufacture's published recommendations. Damaged material will be unacceptable for installation. Hydraulic Capacity Project#1 —Sewer'Rehabilitation 013500-A3 - 8 P:\09290\134-09290-10002%Wmdp,oD.fts"..duvA3125-013500-CIPP-addwdum 3.doox CURED-IN-PLACE-PIPE PART 3 -EXECUTION 3.1 INSTALLATION RESPONSIBILITIES FOR INCIDENTAL ITEMS A. It shall be the responsibility of Contractor to locate and verify the designated manholes are adequately accessible for the work. .Where traffic control is required,it shall be the responsibility of Contractor to prepare traffic control plans for the City's review and implement the traffic control devices as approved by the City. Owner shall also provide access to water hydrants for cleaning, installation and other process related work items requiring water at no charge. B. Cleaning of Sewer Lines—Before lining each segment of sewer pipe, Contractor shall remove all internal debris from the sewer line that could interfere with proper installation of the CIDP. It shall be Contractor's responsibility remove and legally dispose of debris removed from the sewers during the cleaning operation. C. Bypassing Sewage—Contractor shall provide for the flow of sewage around the section or sections of pipe designated for repair. Plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole or adjacent system will be considered an acceptable bypass. The pump(s) and bypass line(s) shall be of adequate capacity to accommodate the sewage flow. Contractor shall submit a detail of the bypass plan for Engineer's review prior to starting work on any segment. It shall be Contractor's responsibility to adequately size, install and operate the bypass facilities. Any damage done to partially completed work,resulting from inadequately sized bypass, sewage leakage or any other reason shall be the responsibility of Contractor. Damage to partially constructed facilities shall be removed and reconstructed and no additional compensation will be made. Sewage spills shall be immediately cleaned up by Contractor and all permit and/or regulatory violations and/or fines shall be the sole responsibility of Contractor. D. Exiting Sewers—Contractors are encouraged to review the videos of the existing sewers provided by the City. Contractor's attention is directed to the fact that the subject sewers were originally constructed with a variety of different materials,including but not limited to VCP, DIP and plastic lined ACP. In many areas,the plastic liner is delaminated and will require removal before installation of the new liner. Many of the existing pipe joints are deteriorated and the upper portion of the gasket is hanging down into the flow path. All obstructions, including gaskets shall be robotically removed as part of the cleaning process. This work shall be included in Contractor's bid price and no additional compensation will be made. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A3 -9 P:W929O\13409290-10002\WgdproO�aRsNtltlendum03\25-013500-CIPP-ed0entlum-3.tlov CURED-IN-PLACE-PIPE Table 013500-1 Estimated Sewage Bypass Flows [1] Atlas Sheet ID DS MH Ave Flow(Dia) 121 Clarification This is the average flow between MH 127 and MH 140. This does not include D 10 140 25-GPM(8") the flow that passes-through MH 140 via the separate sewer in Los Rios Street. This is the average flow between MH 141 and MH 120. This does not include 120 2,000-GPM(21") the flow that passes-through MH 120 Dl l via the separate sewer that parallels the railroad. 123 25-GPM(8") This is the average flow between MH 178 and MH 124. D12 113 3,000-GPM(18") This is the average flow between MH 115 and MH 113. E8 133 150-GPM(8") This is the average flow between MH 134 MH 133. 133 (north) 150-GPM(8") This is the average flow coming from the north. E9 133 (south) 25-GPM(8") This is the average flow coming from the south. 134 100-GPM (8") This is the average flow between MH F8 145 and MH 134. 177 (G7) 50-GPM (8") This is the average flow between MH 124 and MH 177. 182 100-GPM(8") This is the average flow between MH 127 and MH 182. G7 149 (north) 100-GPM (8") This is the average flow between MH 120 and MH 149. 149(south) 25-GPM (8") This is the average flow between MH 114 and MH 149. Notes on estimated sewage bypass flows: [1] The flow values indicated above are estimated and provided for bidding purposes only; the actual flows may be more or less. Prior to initiating a sewage bypass, it shall be Contractor's responsibility to determine anticipated flows, plan for flow peaking, include redundant stand-by equipment. [21 The flow values indicated above are "average" flows over a 24-hour period. During dry-weather the peak flows can be estimated by multiplying the tabulated value by a factor of 2. During wet-weather the peak flows can be estimated by multiplying the tabulated value by a factor of 4. [31 In the event that the City determines additional payment is due to Contractor for higher than expected flows,the price bid will be increased proportionally to the net increase in the total project flow. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A3- 10 P909290\136-09290-100021Wo pmDrBflsWdendum03@60139 -CIPP-addendum-3.dwx CURED-IN-PLACE-PIPE E. Inspection of Pipelines -Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections using close circuit television (CCTV) inspection techniques. The pipeline interior shall be carefully inspected to determine the location of any conditions that may prevent proper installation of CIDP. These locations shall be noted and corrected. A videotape and suitable written log for each line section shall be produced and submitted to Engineer for review. F. Line Obstructions -It shall be the responsibility of the Contractor to clear the line of obstructions such as solids and roots that will prevent the insertion of CIDP. If pre-installation inspection reveals an obstruction such as a protruding service connection, dropped joint, or a collapse that portion of the pipe shall be repaired by trenchless means and no additional compensation shall be made. G. Public Notification-Contractor shall make every effort to maintain sewer service usage throughout the duration of the project. In the event that a connection will be out of service,the longest period of no service shall be 4 hours. A public notification program shall be implemented, and shall as a minimum,require Contractor to be responsible for contacting each home or business connected to the sanitary sewer and informing them of the work to be conducted, and when the sewer will be off-line. Contractor shall also provide written notice to be delivered to each home or business 24-hours prior to the beginning of work being conducted on the section,and a local telephone number of the Contractor they can call to discuss the project or any potential concerns. H. The Contractor shall be responsible for confirming the locations of all branch service connections prior to installing the CIPP. 3.2 INSTALLATION A. CIPP installation shall be in accordance with ASTM F 1216, Section 7, or ASTM F 1743, Section 6, with the following modifications: 1. Resin Impregnation-The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin during installation through cracks and irregularities in the original pipe wall. 2. If a vacuum impregnation process is used,the point of vacuum shall be no further than 25-feet from the point of initial resin introduction. After vacuum in the tube is established,a vacuum point shalt be no further than 75-feet from the leading edge of the resin. The leading edge of the resin slug shall be as near to perpendicular to the longitudinal axis of the tube as possible. A roller system shall be used to uniformly distribute the resin throughout the tube. If the Installer uses an alternate method of resin impregnation,the method must produce the equivalent results. Any alternate resin impregnation method must be documented to the Owner's satisfaction that the saturation of the CIPP is sufficient. 3. Tube Insertion—The wet out tube shall be positioned in the pipeline using either inversion or a pull-in method. If pulled into place, a power winch should be utilized and care should be exercised not to damage the tube as a result of pull-in friction. The tube Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A3- 11 P909290034-09290-1000TWodp.D ftfl W dandumO3�25013600-CIPP-addendum-3.do CURED-IN-PLACE-PIPE should be pulled-in or inverted through an existing manhole or approved access point and fully extend to the next designated manhole or termination point. 4. Temperature gauges shall be placed between the tube and the host pipe's invert position to monitor the temperatures during the cure cycle. 5. Curing shall be accomplished by utilizing hot water, steam or ultraviolet light in accordance with the manufacturer's recommended cure schedule. B. DATA RECORDING—During curing of the liner, the following information shall be recorded with respect to time and submitted to Engineer for review. The computer-based recording system shall be tamper-proof and non-editable to the Owner's satisfaction. As a minimum the following data shall be logged: 1. Date and Time 2. Temperature of water/steam or UV light intensity(wattage). 3. Inner pressure of steam,water or air. 4. Exothermic (curing)temperatures. 5. Length, diameter and thickness of liner. C. POST INSTALLATION VIDEO—Contractor shall provide one copy of the electronic video files on CD, showing the pipe after lining. Video shall be annotated to indicate all restored services. Video shall include the entire length of all CIDP reaches. D. REINSTATEMENT OF BRANCH CONNECTIONS -It is the intent of these specifications that all branch connections and/or service laterals be re-opened without excavation, utilizing a remotely controlled cutting device, monitored by a CCTV. Contractor shall certify a minimum of two complete functional cutters plus key spare components are on the job site before each installation or are in the immediate area of the jobsite and can be quickly obtained. Unless otherwise directed by Owner or its authorized representative,all laterals will be reinstated. No additional payment will be made for excavations for the purpose of reopening connections and the Contractor will be responsible for all costs and liability associated with such excavation and restoration work. Any damages caused to a business,resident or other customer resulting from Contractor's failure to promptly reestablish sewer service shall be the responsibility of Contractor. E. INSPECTION L CIDP samples shall be prepared and physical properties tested in accordance with ASTM F1216 or ASTM F1743, Section 8, using either method proposed. The flexural properties must meet or exceed the values listed in Table 1 of the applicable ASTM. 2. Wall thickness of samples shall be determined as described in paragraph 8.1.6 of ASTM F1743. The minimum wall thickness at any point shall not be less than the minimum design wall thickness identified above. 3. Visual inspection of the CIPP shall be in accordance with ASTM F1743, Section 8.6. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A3- 12 P'.�A9290\t34-09290-1 W02\Wwdp�oDrattsVWtle�Wurt�3\25-013500CIPPatltlendum-3 tlou CURED-IN-PLACE-PIPE F. CLEAN-UP - Upon acceptance of the installation work and testing,the Contractor shall restore the project area affected by the operations to a condition at least equal to that existing prior to the work. *END OF SECTION 013500 Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A3 - 13 P:Noersokl3a-oszeo-100o2PWe Prpoansv dendumo3�5- las -CIPa-addendu�3.da CURED-IN-PLACE-PIPE SECTION 013505-A3—SERVICE LATERAL SEALING SYSTEM(SLSS) PART 1 -GENERAL 1.1 INTENT A. It is the intent of this section to specify a"top hat"type lateral sealing system to provide for the rehabilitation of service lateral connections to newly rehabilitated sanitary sewer lines, without excavation,by the installation of a resin-impregnated fiberglass tube SLSS installed into the existing service lateral utilizing a pressure apparatus positioned in the mainline pipe. Service lateral connections may be a combination of tees or wyes of varying angle up to and beyond 30 degrees. B. The SLSS resin shall be cured by UV, steam or ambient temperature to form the tube into a hard impermeable pipe-within-a-pipe. When cured, the SLSS should extend from the mainline through the first joint of the lateral connection in a continuous tight-fitting, watertight pipe-within-a-pipe to eliminate any visible leakage between the lateral and mainline. SLSS systems shall be compatible with the liner system installed in the main pipe. C. If, within the warranty period, the SLSS seals installed in the sewer system are deemed unacceptable due to leakage or any other defects, although originally accepted, Contractor shall repair or replace the affected portion at no cost to the City. It is understood that if Contractor fails to do such work as required, Contractor shall be responsible for said costs of repair or replacement. 1.2 MANUFACTURER'S EXPERIENCE - The manufacturer of the lateral repair system must be able to document a minimum of 5,000 successful installations in the U.S. within the past 5 years. 1.3 INSTALLER EXPERIENCE - The installer must be able to document a minimum of 500 successful installations,of the type to be used on this project, in the U.S. within the past 5 years. PART 2 -PRODUCTS 2.1 CHEMICAL RESISTANCE AND COMPATIBILITY A. The finished SLSS product shall be fabricated from materials which when cured will be chemically resistant to withstand internal exposure to domestic sewage. B. All constituent materials will be suitable for service in the environment intended. The final product will not deteriorate, corrode or lose structural strength that will reduce the projected product life. Hydraulic Capacity Project#1 — Sewer Rehabilitation 013505-A3- 1 P:109290\1340929040002\WwEproDraftsWdendum 3\250130&SLSS-addendum3.d u SERVICE LATERAL SEALING SYSTEM C. The SLSS product shall be compatible with the lining system utilized in the main sewer line. 2.2 SLSS MATERIALS A. A flexible fiberglass tube shall be fabricated to a size that when installed will tightly fit the internal circumference of the conduit specified by the City. Allowance shall be made for circumferential stretching during insertion. B. The lateral scaling system shall consist of a full-wrap in the main line and shall extend 12- to 18-inches into the lateral. C. Unless otherwise specified, the installer shall furnish a specially designed, unsaturated polyester, vinyl ester resin, and catalyst or epoxy system compatible with the SLSS UV light steam or ambient cure process that provides cured physical strengths specified herein. 2.3 PHYSICAL PROPERTIES A. The structural performance of the finished pipe must be adequate to accommodate all anticipated loads throughout its design life. B. Design methods are to be derived from traditionally accepted pipe formula for various loading parameters and modes of failure. All equations will be modified to include ovality as a design parameter. The design method shall be submitted to the Engineer for approval prior to the pre- construction conference. C. The cured SLSS shall conform to the minimum structural standards as listed below: Final SLSS ASTM Standard Results Flexural Stress ASTM 0790 4,500 psi Flexural Modulus of Elasticity ASTM 0790 250,000 psi PART 3 -EXECUTION 3.1 INSTALLATION SLSS INSTALLATION A. Resin Impregnation 1 The resin impregnated tube shall be loaded inside a pressure apparatus. The pressure apparatus, attached to a robotic device, shall be positioned in the mainline pipe at the service connection. The robotic device, together with a television camera will be used to align the SLSS repair with the service connection opening. Air pressure, supplied to the pressure apparatus through an air hose, shall be used to invert the resin impregnated SLSS into the lateral pipe. The inversion pressure will be adjusted to fully invert the SLSS into the lateral pipe and hold the tube tight to the pipe wall. Care shall be taken during the curing process so as not to over-stress the tube. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013505-A3-2 P9092NA 34-09290-l0002\WoNPmDreRsWtltlendum0325-013505-SLSS-addeMum3.0mx SERVICE LATERAL SEALING SYSTEM 2 The pressure apparatus shall include a bladder which will inflate in the mainline pipe, effectively sealing the SLSS repair against the service connection. B. Curing 1 After inversion is completed, pressure shall be maintained on the impregnated tube for the duration of the curing process. A UV, steam or ambient cured resin system or Engineer approved equivalent shall be used. 2 The initial cure shall be deemed to be completed when the SLSS has been exposed to the curing process for the time period specified by the manufacturer. . C. Cool-down 1 The Installer shall cool the hardened SLSS before relieving the pressure in the pressure apparatus. Cool-down may be accomplished by the introduction of cool air into the pressure apparatus. 2 The specified pressure shall remain throughout the cure and cool-down period. D. Finish 1 The finished SLSS shall be free of dry spots, lifts and delamination. The lateral SLSS shall not inhibit the closed circuit television post video inspection of the mainline or service lateral pipes. Frayed ends of the SLSS shall be repaired prior to acceptance. 2 During the warranty period, any defects which will affect the integrity of strength of the SLSS shall be repaired at the CONTRACTOR'S expense in a manner acceptable to the City. 3 After work is completed, Contractor shall provide the City with a video tape showing the completed work including the restored conditions. 3.2 CLEAN-UP A. Upon acceptance of the work, the Contractor shall immediately resume affected services. * END OF SECTION Hydraulic Capacity Project#1 —Sewer Rehabilitation 013505-A3 - 3 PA092WAU-09290-10002\Wwdp oDmfts d0endun 3US-013505-SLSS-addendum-3.do SERVICE LATERAL SEALING SYSTEM SECTION 013600-A3—MANHOLE REHABILITATION PART1 -GENERAL 1.1 SUMMARY A. This specification defines the method and material for the rehabilitation of sanitary sewer manholes, utilizing a spray applied calcium aluminate cementitious structural rehabilitation system. The purpose of this project is to obtain a dense and durable concrete lining that is resistant to biosulfuric acid attack and meets the strength requirements described elsewhere in this specification. The work covered in this specification consists of furnishing all labor, equipment, materials, and supervision necessary to accomplish the rehabilitation as specified. When complete the rehabilitated structure shall: 1. Provide for a uniformly smooth surface of specified thickness. 2. Eliminate sources of inflow/infiltration(1/I). 3. Provide a service life that is supported by documented test analysis. B. IDENTIFICATION OF MANHOLES TO BE REHABILITATED "ORTEGA NORTH" Nominal Nominal MH MH Sewer Atlas -Location/Description Sewer Diam. Diam. (in) (in.) 120 G7 -Ortega Highway 8 48 149 G7 -Ortega Highway 8 48 119 G7 -Ortega Highway @ Ave Siega 8 48 114 G7 -Ortega Highway 8 48 127 G7 -Ortega Highway @ Ave Toyon 8 48 116 G7 -Ortega Highway 8 48 179 G7 -Ortega Highway 8 48 184 G7 -Ortega Highway 8 48 177 67 -Ortega Highway 8 48 125 F8 -Ortega Highway @ Via Cordova 8 48 124 F8 -Ortega Highway 8 48 182 G7 -Ortega Highway 8 48 181 G7-Ortega Highway 8 48 177 G7 -Ortega Highway 8 48 "ORTEGA NORTH"TOTAL QUANTITY MANHOLES : 14 Hydraulic Capacity Project 41 —Sewer Modifications 013600-A3 - 1 P'.W929�\13492911-tOW2\Wadpro0reRslAddentlurtA3\26013600 MH Coawgse�deiWum-3.tlocx MANHOLE REHABILITATION "ORTEGASOUTH" 145 F8 -Ortega Highway 8 48 143 F8 -Ortega Highway 8 48 137 F8 -Ortega Highway 8 48 136 F8 -Ortega Highway 8 48 135 F8 -Ortega Highway 8 48 134 F8 -Ortega Highway 8 48 180 E8&F8 -Ortega Highway 8 48 160 E8—Ortega Highway 8 48 137 E8&E9-Ortega Highway 8 48 133 E9 -Ortega Highway 8 48 143 E9 -Ortega Highway 8 48 138 E9 -Ortega Highway 8 48 142 E9-Ortega Highway 8 48 119 E9 -Ortega Highway 8 48 "ORTEGA SOUTH"TOTAL QUANTITY MANHOLES: 14 "VERDUGO"AREA 127 D10-Right of Way 8 48 128 D 10-Right of Way 8 48 120 D10-Verdugo St 8 48 139 D]0-Los Rios St 8 48 140 DIO-Los Rios St 8 48 "VERDUGO"TOTAL QUANTITY MANHOLES: 5 Hydraulic Capacity Project#1 —Sewer Modifications 013600-A3 -2 P1092W134-09290-10002\WoMpmDrafts dendum =5-013600 MH Coaengs-addendum-ldE MANHOLE REHABILITATION "LA PALOMA"AREA 141 Dl l -Easement 21 48 184 D 1 I -La Paloma 21 48 126 Dl I -La Paloma 21 48 127 D I 1 -Camino Capistrano 18 48 133 DI I -Camino Capistrano 18 48 118 Dl 1 -Easement 18 48 117 Dl l -Easement 18 48 120 D 11 -Easement 18 48 178 Dl l -Alley 8 48 129 Dl l -Alley 8 48 132 Dl l -Alley 8 48 122 Dl l -Alley 8 48 125 DI -Alley 8 48 124 DI I -Alley 8 48 "LA PALOMA"TOTAL QUANTITY MANHOLES: 14 "DESCANSO PARK"AREA 113 D12 -Trabuco Creek-West Bank 18 48 114 D12 -Trabuco Creek-East Bank 18 48 115 D12 - South Edge of GW Treatment Plant 18 48 "DESCANSO PARK" TOTAL QUANTITY MANHOLES: 3 1.2 SEQUENCE OF WORK A. The Contractor's sequence of operation relative to structural rehabilitation shall include, but not be limited to the following: Hydraulic Capacity Project#1 —Sewer Modifications 013600-A3-3 P109290\130-09290-100021WordpmDafisV dendum03T6013600 MH Coetlngs-addendum-3Aoox MANHOLE REHABILITATION 1. Remove and dispose of existing ladders and/or steps. 2. Eliminate all sources of groundwater infiltration and voids in walls. 3. Provide a clean, rough sub-surface sufficiently prepared in accordance with the International Concrete Repair Institute (ICRI) Guideline No. 03732 — Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings, and Polymer Overlays to a degree further defined in Part 3 of these specifications. 4. Rehabilitate all interior surfaces including walls, ceilings,benches and channels. 5. Application of curing compound to all repaired surfaces. 6. Third party testing of lining and other structural rehabilitation materials. 1.3 SUBMITTALS A. Contractor shall famish detailed and complete data pertaining to the surfaces of the structure to be rehabilitated, the rehabilitation product, surface preparation and installation, including curing compound. B. Prior to initiating the Work, Contractor shall inspect the specific manhole, and then submit specific technical data with complete physical properties of the structure to be rehabilitated and the proposed product for the rehabilitation of the structure, as well as a specific plan for sub- surface preparation. C. Work plan indicating not only the order of manholes to be repaired, but also the proposed sequence of activities for each manhole. D. Safety plan. It is the contractor's responsibility to comply with OSHA standards and all regulations pertaining to the work including confined space entry. Contractor shall provide the necessary training and take the necessary measures to provide a safe working environment for workers as well as the public. E. Manufacturer's ISO 9001 certificate and supporting documentation. F. Certified test reports and certificates. 1.4 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other technical specifications as they apply to this Section. B. ASTM C 109—Standard Test Method for Compressive Strength of hydraulic Cement Mortars C. ASTM C293 —Standard Test Method for Flexural Strength of Concrete D. ASTM C321 —Standard Test Method for Bond Strength of Chemical-Grout Mortars E. ASTM C496—Standard Test Method for Splitting Tensile Strength F. ASTM C596 — Standard Test Method for Drying Shrinkage of Mortar Containing Hydraulic Cement G. ASTM C597B—Standard Test Method for Pulse Velocity Through Concrete Hydraulic Capacity Project#1 —Sewer Modifications 013600-A3 -4 P109NOU134-09290-10002\Wa proOreftsW dendum03�5-013600 MH CmUngs-addendum-ldmx MANHOLE REHABILITATION H, ASTM C666—Standard Test Method for Resistance of Concrete Rapid Freezing I. ASTM C882—Standard Test Method for Bond Strength of Epoxy-Resin Systems J. ACI RAP-3—Spall Repair by low Pressure Spraying K. ACI 546R(Chapter 2)-Concrete Surface Repair Using Mortar 1.5 SUMMARY A. Section Includes: I. Prepackaged Mortar Mix Properties 2. Sampling and Testing Requirements 3. Qualifications of Work Crew 4. Surface Preparation and Mortar Application Procedures 5. Infiltration Remediation 6. Curing PART2 -PRODUCTS 2.1 MATERIALS A. Lining material furnished under this specification shall be a prepackaged mortar mix, including all cement, aggregates, and any required additives. It is the intent of this specification that the Contractor only be required to add the proper amount of potable water so as to produce concrete suitable for spray application. Under no circumstances, shall Contractor add Portland cement, other aggregates, or any admixtures whatsoever to the pre-packaged lining material. Typical package weights shall not be less than 50 lbs and shall be identical for all material furnished on this project. B. The chemical composition of the cement portion as well as the aggregates of the mortar mix shall be as follows: Al2O3 CaO FeO+Fe2O3 SiO2 3944% 35-39% 9-14% 5-7% C. The properties of the mortar mix shall meet the following: Hydraulic Capacity Project#1 —Sewer Modifications 013600-A3 -5 P:109290113409290-100021WmdpmDmftV dendum03125-013800 MH Coatings-addendum-3.docx MANHOLE REHABILITATION Compressive Strength per ASTM C109 >5500 PSI 24 Hours after mixing Flexural Strength per ASTM C293 >1200 PSI 24 Hours after mixin Splitting Tensile Strength per ASTM C496 >800 PSI 24 Hours after mixing Slant Shear Test per ASTM C882 >1200 PSI 1 24 Hours after mix Shrinkage at 28 Das per ASTM C596 <0.08%cured 90%Relative Humidi Freeze/Thaw after 300 C cles per ASTM C666 I No visible damage D. The mortar mix shall be either "SewperCoat PG" as manufactured by Kemeos Inc. — Chesapeake, Virginia or an equivalent substitute approved by Engineer. E. Mortar mix must have at least ten (10) years of successful performance in similar applications and be supplied by an ISO 9001 certified manufacturer. F. In addition, the mortar mix shall be designed to withstand long-term exposure to a bacterially corrosive hydrogen sulfide environment that may be expected to produce a pH of 1 on normal Portland cement based concrete or typical brick and mortar surfaces. G. Water used in mixing shall be fresh, clean, potable water, free from injurious amounts of oil, acid, alkali, vegetable, sewage and/or organic matter. Water shall be considered as weighing 8.32 pounds per gallon. H. Mortar mix shall be stored with adequate provisions for the prevention of absorption of moisture. It shall be stored in a manner that will permit easy access for inspection and identification of each shipment. PART 3 -EXECUTION 3.1 SAMPLING AND TESTING A. A recognized independent testing laboratory shall test mortar materials used on the project. B. The cost of sampling and testing of the mortar mix during placement and the surface to which it is applied shall be born by the Contractor. Other testing required showing conformance with these specifications shall also be the responsibility of the Contractor. C. Any materials failing to meet the requirements of these specifications shall not be incorporated into the Work. If the materials have already been installed when it is determined that they don't meet these specifications,then the subject materials shall be removed and the work repeated with materials that meet the specifications. Hydraulic Capacity Project#1 —Sewer Modifications 013600-A3-6 P-.W9290\t34-09290-iWp2\WordpoO,eRsNdCendum03125A13fi0pMHCoatings-atldentlum3tlocn MANHOLE REHABILITATION 3.2 QUALIFICATIONS OF THE WORK CREW A. The lining material Manufacturer shall maintain a listing of competent contractors that have demonstrated requisite skill and training to be qualified applicators of their materials. B. Prior to project commencement, Contractor must verify that all Contractor's work crew personnel have performed satisfactory work in similar capacities elsewhere for a sufficient period of time to be fully qualified to properly perform the work in accordance with the requirements of the related specifications. C. Foreman shall have at least 4 years experience with similar work and project conditions. D. Nozzlemen shall be qualified by having had similar work experience. E. Work Crew responsibilities prior to application of lining material shall include the following: 1. Surface preparation described herein. 2. Ensure the operating air pressure is uniform and provides adequate nozzle velocity for proper compaction. 3. Continuously regulate the water content so that the applied materials consistently achieve proper compaction with a low percentage of rebound and no visible"sag". 4. Ensure that the installation equipment nozzle is held at the proper distance away from and as nearly perpendicular to the prepared sub-surface as the working conditions will permit to secure maximum material compaction with minimum rebound and no visible "sag". 5. Follow a sequence routine that will fill comers with adequately compacted material applied at a maximum practicable layer thickness. 6. Determine necessary operating procedures for placement in confined spaces, extended distances or around unusual obstructions where placement velocities and mix consistency may need to be adjusted. 7. Direct the crew as to when to start and stop the flow of materials during installation and to immediately stop all work when material is not arriving uniformly at the nozzle. 8. Ensure that slough pockets are removed and prepared for installation of replacement material. 9. Bring the installed materials to established finished elevations in a neat and timely manner and within established tolerances. F. Applicator's job foreman shall operate the mixing/placing equipment and direct the work of mixing crew personnel. Applicator's work crew shall also maintain proper line pressures throughout the mixing/placing equipment to ensure the necessary consistent nozzle velocity. Applicator's work crew shall further see that all material fed to the nozzle is uniformly fed through this equipment. Hydraulic Capacity Project#1 —Sewer Modifications 013600-A3 - 7 P109290\131-09290-1000McW pmDmft den0um0M"13600 MH Coatingsaddendum-ldmx MANHOLE REHABILITATION 3.3 EQUIPMENT - Equipment shall be of spray type and approved by the material manufacturer. Alternate equipment may be utilized provided it meets the performance requirements of the specification. All equipment must be in good condition and fully functional. 3.4 SURFACE PREPARATION A. Sub-surfaces shall be cleaned and made free of laitance, loose material,residue and all existing coating and lining materials. Surface preparation shall meet the requirements of ACI RAP-3 "Spall Repair by Low Pressure Spraying"and ACI 546R"Concrete Repair Guide", chapter 2. B. Sub-surfaces shall be thoroughly saturated with water prior to the application of the lining materials. In no instance shall shotcrete be applied in an area where running water exists. It is the intent of this specification that the existing surface be saturated but free of any running water just prior to installation, otherwise known as "saturated surface dry condition" (SSD). To achieve this condition it may be necessary to presoak the sub-surface for a at least 24 hours. 3.5 OPERATIONS A. The Contractor shall provide all equipment necessary to individually gauge, control, and monitor the actual amounts of all component materials necessary to complete the lining installation. The type of equipment and methods used to gauge, control, and monitor component materials shall be subject to approval by the Engineer. B. All lining materials shall be thoroughly mixed by mechanical means to ensure all agglomerated particles are reduced to original size or removed prior to placement into the application equipment (i.e. the hopper). Each batch of material should be entirely discharged before recharging with fresh material. Mixing equipment shall be cleaned at regular intervals to remove all adherent materials. C. The addition of water to the mix shall be in strict accordance with the Manufacturer's recommendations,measured and documented. D. Re-mixing or tempering shall not be permitted. Rebound materials shall not be reused. 3.6 PROTECTION OF ADJACENT SURFACES - During progress of the work, adjacent areas or grounds which may be discolored, stained or otherwise damaged by dust and rebound material, shall be adequately protected. If spills or overspray to occur, the area shall be cleaned by early scraping, brushing or washing. 3.7 INFILTRATION REMEDIATION A. If infiltration is observed within the structure after surface preparation is complete, a rapid setting crystalline enhanced hydraulic cement product specifically formulated for infiltration control shall be used to stop minor infiltration flows in accordance with the manufacturer's recommendations. The material shall meet the following strength requirements: Hydraulic Capacity Project#1 —Sewer Modifications 013600-A3-8 P1092NX134-09290-10021WordproDraftWWendum 3125-013600 MHCoatlngsatl endumldmx MANHOLE REHABILITATION Compressive Strength per ASTM 600-PSI 24-Hours C597B 1,000-PSI 7-Days 30-PSI 1-Hour Bond Strength per ASTM C321 80-PSI 24-Hours B. For minor infiltration occurs, approved hydraulic cement materials are Preco Plug, Octocrete, Burke Plug or Engineer approved equal. C. Where infiltration flows are more severe, pressure grouting shall be required. The material for pressure grouting shall be Avanti A-220, DeNeef or Engineer approved equal installed in accordance with the manufacturer's published instructions. D. All materials, labor,equipment, and incidentals required to correct infiltration conditions will be considered incidental to rehabilitation and no additional compensation will be made. 3.8 APPLICATION OF MATERIALS A. Lining material shall not be applied to a frozen surface or to a surface that may freeze within 24 hours of application. Frozen conditions shall be defined as ambient temperatures of 32 degrees Fahrenheit or below. B. Sequence of application may be from bottom to top or vice versa and rebound shall be properly removed. C. Application shall be from an angle as nearly perpendicular to the surface as practicable, with the nozzle held at least 1 foot from the working sub-surface (except in confined control). If the Pow of material at the nozzle is not uniform and slugs, sand spots, or wet sloughs result, the nozzleman shall direct the nozzle away from the work until the faulty conditions are corrected. Such defects shall be removed and replaced as the work progresses. D. Application shall be suspended if. 1. Air velocity separates the cement from the aggregate at the nozzle. 2. Ambient temperature approaches freezing and the newly placed lining cannot be protected and insulated. E. The time interval between successive layers of material application must be sufficient to allow "tackiness"to develop but not final set. If final set does occur, this surface shall be prepared as in the case of initial application,which is described above. F. Construction joints within a manhole shall be avoided. In the event a construction joint is necessary and approved by the Engineer, it shall be sloped off to a thin, clean,regular edge, at a 45-degree angle. Prior to placement of the adjoining materials, the sloped portion and adjacent Hydraulic Capacity Project#1 —Sewer Modifications 013600-A3 - 9 P'.\09290\13409290-10002\WordproDreRsWddendum03125-013600 MH CwWgs-addendum-3.dxa MANHOLE REHABILITATION applied material shall be thoroughly cleaned as necessary, then moistened and scoured with an air jet. G. The nozzleman shall bring the material to an even plane and to well-formed comers. H. After the body coat has been placed, the surface shall be trued with a thin-edge screed to remove high areas and expose low areas. Low areas shall be properly filled with additional material to insure a true, flat surface. I. The minimum thickness of concrete lining shall be a '/2-inch cover over all surfaces. 3.9 CURING A. Once the material has been applied and furnished in accordance to the specifications, a curing compound shall be applied to all surfaces. Curing compound shall meet the requirements of ASTM C309 and shall be approval by the Engineer prior to use. B. Moist curing may also be used in lieu of curing compound. If moist curing is selected, it should be implemented just after the notice of uniform heat generation of the installed lining. Moist curing can consist of the use of soaker hoses, water sprinklers, or vapor/misting machines. Regardless of delivery method,moist curing shall continue for a minimum of 18 hours. * END OF SECTION 013600 Hydraulic Capacity Project#1 —Sewer Modifications 013600-A3- 10 P19290\134-09290-10002\WOMp DraHelAddenduo 3125013600 MH DoaOng"a endum3 dmx MANHOLE REHABILITATION SECTION 010000-A3—GENERAL REQUIREMENTS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Definitions; 2. Project Information 3. Contract Documents; 4. Contract Exhibits; 5. Critical Nature of the Facilities 6. Preconstruction Meeting 7. Construction Schedule 8. Sequence of Work; 9. Existing Site Conditions; 10. Emergency Contact; IL Services During an Emergency 12. Bidders Breakdown of Lump Sum Bid; 13. Working Hours; 14. Liquidated Damages; 15. Shop Drawings, Submittals and Samples 16. Maintenance and Guarantee 17. Permits to be Obtained by the Contractor Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3 - 1 P109290%130-09290-100021Wo pmDafisU dendum03125-10000 GENERAL REQUIREMENTS-add-3.docx GENERAL REQUIREMENTS 18. Permits and Easements Obtained by the Owner and Others 19. Work Area limits, Site Access and Material Storage; 20. Construction Water; 21. Disposal of Construction Waste and Excess Material, 22. Temporary Power; 23. Construction Lighting; 24. Dust and Smoke Control; 25. Noise Criteria; 26. Sanitation; 27. Accumulation of Costs for Extra Work; 28. Overtime Inspection; 29. Survey, Staking,Lines, Grades and Measurements; 30. Record Drawings; 31. Coordination and Cooperation with Others; 32. Protection and Restoration of Existing Improvements; 33. Measurement and Payment of Bid Items. 1.3 DEFINITIONS -Whenever the following terms,or pronouns used in their stead, occur in these Specifications,the intent and meaning shall be interpreted as follows: A. AWWA: The American Water Works Association. All references to the specifications of the AWWA are understood to refer to the current specifications as revised or amended at the date of construction. B. Construct: To furnish all labor, tools, equipment and incidentals, and to do Work in accordance with the Contract Documents, complete in place for a fully functional and operating system. C. Contractor: The individual,partnership-, corporation,joint venture, or other legal entity having a Contract with Owner to perform the Work. In the case of work being done under the various permits,the permittee shall be construed to be the Contractor. D. Engineer: The Owner's Chief Engineer or other person of legal entity designated by the Owner, either directly or through authorized agents. E. Owner or Citv: The City of San Juan Capistrano Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3-2 P:0N2Ml30-09290-10009WwdproUattsWddendum 325-10000 GENERAL REQUIREMENTS-edd-3.dov GENERAL REQUIREMENTS F. Plans or Drawings or Exhibits: That part of the Contract Documents prepared by the Engineer, which graphically and/or schematically shows the scope, extent,and character or the Work to be performed by the Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. G. Record Drawings: The set of Drawings which shows the facilities in their"as-constructed" state, including all revisions to the original Contract Documents. H. Specifications: That part of the Contract Documents consisting of written technical descriptions of materials,equipment,systems, standards,and workmanship as applied to the Work and certain administrative details applicable thereto. I. State: The State of California. J. Work: The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. K. Work Area: The area bounded by the rights-of-way immediately adjacent to the project and other delineations as noted on the Drawings for which the Contractor shall maintain all work activities. Storage of materials, staging and other miscellaneous work outside of the Work Area is prohibited. If the Work Area is not delineated on the Drawings,then the Owner will define said boundaries in the field. 1.4 PROJECT INFORMATION A. Project Identification: Hydraulic Capacity Project#1 —Sewer Rehabilitation,Project 7706 B. Project Location: City of San Juan Capistrano, County of Orange, State of California C. Owner: City of San Juan Capistrano, Joe Mankawich,Project Manager D. Design Engineer: Tetra Tech,Neil Bamsdale,Engineer of Record 1.5 CONTRACT DOCUMENTS A. Contract documents consist of the contract(Notice Inviting Bids,Instructions to Bidders, Proposal and Bid Schedule, Specifications, Bonds and Agreement,Drawings),together with the Addenda, Change Orders and Notices. The order of precedence of the contract documents shall be: I. Change Orders, Field Orders,and Work Change Directives; 2. Agreement and Bonds; 3. Proposal and Bid Schedule; Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3-3 P909290U34-0 290-10009WordproDretlslMdendum 312Sl0 DGENERALREQUIREMENTS-add-ldo GENERAL REQUIREMENTS 4. Addenda; 5. Notice Inviting Bids; 6. Instructions to Bidders; 7. Notice of Award; 8. Notice to Proceed; 9. Special Conditions; 10. General Conditions; 11. Description of Work; 12. Reference Specifications; 13. Notice of Completion; 14. Drawings and Detail Drawings. B. The Standard Specifications for Public Works Construction(SSPWC), 2000 Edition, shall supplement, to the extent referenced,the requirements specified herein, and are referenced herein as"Greenbook"or"SSPWC." 1.6 CONTRACT"EXHIBITS" A. The location of the work, its general nature and extent, and general dimensions of the project and appurtenant works are shown on the Exhibits and are hereby made a part of these Specifications as listed herein, all bearing the common title: "HCP#1—SEWER REHABILITATION PROJECT." B. LIST OF EXHIBITS 1. D10 Sewers located in the vicinity of Verdugo Street&ATSF RR 2. Dl l Sewers located in the vicinity of Camino Capistrano and Ave La Paloma 3. 1312 Sewers located in the vicinity of Descanso Park 4. E8 Sewers located in the vicinity of Ortega Hwy&Belford Drive 5. E9 Sewers located in the vicinity of Ortega Hwy&La Novia Ave. 6. F8 Sewers located in the vicinity of Ortega Hwy&Avenida Linda Vista 7. G7 Sewers located in the vicinity of Ortega Hwy& Shade Tree Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3-4 P:\09290\134-09290-100021WwdpmDraflslAddendum03125-10000GENER REQUIREMENTS-add-lde GENERAL REQUIREMENTS 1.7 CRITICAL NATURE OF THE FACILITIES -It is hereby brought to the Contractor's attention that the subject sewers make the framework of the sewage collection of the entire City of San Juan Capistrano and it is therefore imperative that the Contractor maintain operation of the existing facilities at all times throughout the construction of the proposed improvements. Taking the existing sewage collection facilities out of service for even a short period of time could result in the sewage overflows and extensive damages to a variety of parties. It shall be Contractor's responsibility to adequately size, install and operate bypass facilities. Any damage done to partially completed work, resulting from inadequately sized bypass, sewage leakage or any other reason shall be the responsibility of Contractor. Damage to partially constructed facilities shall be removed and reconstructed and no additional compensation will be made. Sewage spills shall be immediately cleaned up by Contractor and all permit and/or regulatory violations and/or fines shall be the sole responsibility of Contractor. 1.8 PRECONSTRUCTION MEETING -Within fifteen(15)calendar days after execution of the contract, the Contractor shall schedule,coordinate and attend a preconstruction meeting with the Owner, Engineer, and other interested parties to review the scope of work and schedule. The Contractor shall also provide the Owner with at least one local,24-hour telephone number where the Contractor can be reached day or night, including weekends and holidays. 1.9 CONSTRUCTION SCHEDULE A. General: Within fifteen(15)calendar days after execution of the contract, the Contractor shall prepare and submit to the Owner for review,a progress schedule showing the order in which the Contractor proposes to carry out the Work,the dates on which critical events will occur (including procurement of materials and equipment), and clearly indicate the estimated start and completion dates for the various tasks. The progress schedule shall show the order in which the Contractor proposes to accomplish the Work activities and shall clearly depict the order, interdependence, duration, and workdays for each activity. The progress schedule shall concur with, the interim and final completion requirements of the Contract Documents. The schedule shall show all of the work to be completed for each milestone and interdependence of the various tasks. The schedule breakdown shall be subdivided into areas or facilities in sufficient detail so that the Owner may readily evaluate the Contractor's progress at any given time during the course of the Work and shall be so arranged and itemized as to be of assistance to the Owner in the evaluation of partial estimates and subsequent partial payments. B. Schedule Format: The schedule shall be presented as a detailed bar chart and shall be shown in sufficient detail so as to identify the beginning and end of each of the various construction activities. C. Schedule Updates: The Contractor shall maintain an updated schedule at all times. When so requested by the Owner,an updated schedule shall be forwarded to the Owner within 5 calendar days. If the fifth calendar day falls on a weekend or holiday,then the schedule would be due on the next business day. The Owner's receipt and acceptance of the updated schedule shall be a condition precedent to the issuance of any portion of progress payments. D. Schedule Chanties Directed by the Owner: In the event that the Owner is of the opinion that any schedule of operation as thus submitted is inadequate to secure the completion of the work in the time agreed upon, or is otherwise not in accordance with the Contract Documents or if, in the opinion of the Owner, the work is being inadequately or improperly prosecuted in any Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3-5 P:109290\IM-09290-1 MOZWordpmOrafts'Addendum03@5-10000GENERAL REQUIREMENTS-add-3 doo GENERAL REQUIREMENTS respect, the Owner may demand that the Contractor submit new schedules and improve or change the prosecution of the work in such manner as to assure proper and timely execution. The Owner's receipt and acceptance of the updated schedule shall be a condition precedent to the issuance of any portion of progress payments. 1.10 SEQUENCE OF WORK A. Sequence of Work -The Contractor's work schedule shall take into account the following sequence of work items: 1. Submittals for review and approval. 2. Permit processing. 3. Manhole selective demolition(ladder removal) and rehabilitation. Temporary bypass sewers may be required to complete this work. 4. Cured-in-place-pipe sewer reconstruction. Temporary bypass sewers will be required CIDP sewer construction. 5. The geographic sequence of work shall be as follows: a. The initial phase of work to be completed shall be work that is located within the City of San Juan Capistrano but NOT involving permit conditions of Caltrans. This work is indicated on Exhibits D10,Dl l and D12. b. The subsequent phase of work to be completed shall be work that is located within Caltrans right-of-way. This work is illustrated on Exhibits E8, E9, F8 and G7. 1.11 EXISTING SITE CONDITIONS A. Site Visit: The Contractor shall be responsible for visiting the sites prior to bidding and shall be responsible for having ascertained pertinent site conditions such as location, accessibility, and character of the site and extent of existing improvements thereon. Attention is directed to the location of the site,existing access conditions,work area constraints,nearness to vehicular traffic,transportation and storage of materials, and all other matters which may affect the work or cost thereof under this contract. B. Concurrent Work By Others: Work to be performed by the Contractor may occur concurrently with other work being performed by other Contractors within the vicinity of the project site and public rights-of-way.Therefore, it is the responsibility of the Contractor to identify the site conditions which will be available during the project construction, including construction work area, staging, storage, and access. C. Contractor Responsibility: Failure of the Contractor to be acquainted with the existing and anticipated site conditions will not relieve the Contractor from the responsibility for properly estimating the difficulty or cost for successfully performing all of the work under the Contract. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3 -6 Pd03290\'134-09290-'10002HNmaproDraRsV.ddantlum03@5-00000 GENERAL REQUIREMENTS-atlb3.ft. GENERAL REQUIREMENTS 1.12 EMERGENCY CONTACT -Arrangements shall be made by the Contractor to insure that a response, in person or by telephone,by a duly authorized and competent representative of the Contractor, will be made within one hour of any emergency calls made by the Owner to the telephone number provided by the Contractor during any hour of the day or night. If the Contractor is unable to respond to an emergency call, the Owner may take any necessary actions to remedy the emergency conditions, at the Contractor's expense, in all cases where the Contractor is obligated or responsible under these conditions. 1.13 SERVICES DURING AN EMERGENCY A. The contractor shall be obligated to assist the Owner in the event of an emergency condition as determined by the Owner in accordance with the requirements of this section. B. The contractor shall make available to the Owner all mobilized equipment and personnel active on the Owner's project and shall provide supervision of such personnel under the direction of the Owner in order to perform required work to properly respond to the emergency condition. C. Contractor will be compensated for such assistance in accordance with Section 3-3 of the Greenbook. 1.14 BIDDER'S BREAKDOWN OF LUMP SUM BID - In the case of all work for which a lump sum is named in the contract,the Contractor shall submit a detailed schedule of each lump sum item in accordance with Section 9-2"Lump Sum Work" of the Greenbook. 1.15 WORKING HOURS A. Permits: All field work shall be completed during the night. In addition work shall be executed during the hours specified in thepermits. B. Hours: Work is limited to the hours of 9:00 P.M. to 5:00 A.M.,Monday through Friday. Work on Saturdays or Sundays is not permitted. No work of any nature shall commence before 9:00 P.M. including but not limited to: loading,unloading, starting and moving of construction equipment. Work within Caltrans right-of-way will be limited to the hours of 10:00 PM to 5:00 AM, Sunday"night"through Thursday"night." No work will be allowed on Friday or Saturday "nights." C. Saturday/Sunday Work: No Saturday or Sunday work will be permitted under this contract except work considered to be an emergency. Contractor shall request written authorization from the Owner 24-hours prior to any Saturday or Sunday work. Saturday/Sunday work is defined for this project as after 5:00 AM Friday and before 9:00 PM Sunday(before 10:00 PM Sunday in Caltrans right-of-way). D. Holidays: The Owner legal holidays are: New Years Day(January 1), Martin Luther King Day (third Monday in January),President's Day(third Monday in February),Lincoln's Birthday (February 12`h),Memorial Day(last Monday in May),Independence Day(July 4`h), Labor Day (first Monday in September), Columbus Day(second Monday in October), Veteran's Day (November 11),Thanksgiving Day(as proclaimed by the State of California)and the day after Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3- 7 Pi09290U3409290-10002\WordproDrafls\A dendum03�2&10000 GENERAL REQUIREMENTS-add-3.W.X GENERAL REQUIREMENTS Thanksgiving Day,Christmas Eve(December 24th), Christmas Day (December 25th)and New Years Eve (December 31st). 1.16 LIQUIDATED DAMAGES -Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the Owner. For each consecutive calendar day in excess of the time specified for the completion of work,liquidated damages shall be assessed at the rate of$1,000.00 per calendar day, in accordance with the General Conditions of these Specifications. Liquidated damages will be deducted from monies due or which become due to the Contractor. 1.17 SHOP DRAWINGS, SUBMITTALS AND SAMPLES A. The Contractor is required to prepare and submit Shop Drawing submittals to the Engineer for review and approval. Shop Drawings are required for all materials and equipment proposed to be incorporated into the Work. Shop Drawings shall be submitted by the Contractor in accordance with these specifications. B. The data shown on the Shop Drawings shall be complete with respect to quantities, dimensions, specified performance and design criteria,materials,and similar data to show the materials and equipment the Contractor proposes to provide and to enable the Engineer to review the information for the limited purposes described herein. C. The Contractor shall also submit material samples to the Engineer for review and approval. Each sample shall be identified clearly as to material, supplier,pertinent data such as catalog number and the use for which intended. D. As part of each Shop Drawing submittal,the Contractor shall give specific written notice of all deviations that the Shop Drawing or sample submitted may have from the requirements of the Contract Documents. The Contractor shall also provide a notation of each such variation on each Shop Drawing and sample submitted to the Engineer for review and approval. E. The Engineer will review the Shop Drawings and samples. The Engineer's review and approval or disapproval will be only to determine if the items covered by the submittals generally comply with the intent of the design. The Engineer's review and approval or disapproval will not extend to means, methods,techniques, sequences, or procedures of construction(except where a particular means,method,technique,sequence,or procedure of construction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. F. The Engineer's review and approval of Shop Drawings or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents. No portion of the Work requiring a Shop Drawing submittal shall be started until the submittal has been reviewed by and returned to the Contractor with a notation indicating that resubmittal is not required. G. Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Drawings and Specifications and shall not be taken as the basis of claims for extra work. The Contractor shall have no claim for damages or extension of time due to any Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3-8 P:109290\134-09290-10002\WDNPmRaXsVWCendum0312&10000 GENERAL REGWREMENT3-add3.dmP GENERAL REQUIREMENTS delay resulting from making changes to Shop Drawings that have been requested by the Engineer. H. The Engineer's review is limited to checking for general conformance with the design intent and general compliance with the information included in the Contract Documents. Any comments included on Shop Drawings are subject to all requirements of the Contract Documents,applicable codes and permits,and do not relieve the Contractor of any project responsibilities and requirements thereof. Approval/Acceptability of a specific item does not imply approval of an assembly of which the item is a component. I. The Engineer will review the initial submittal of Shop Drawings and sample submission and one resubmittal without cost to the Contractor. The cost of the Engineer's review of multiple resubmittals will be billed to the Contractor at the hourly rate of$275 per hour. Multiple resubmittal costs as provided to the Owner by the Engineer, will be deducted from any monies due or which become due to the Contractor. Shop Drawing and Sample Submission Procedures Before submitting each Shop Drawing or sample, the Contractor shall have done the following: I. Verified and determined all field measurements, quantities, dimensions, specified performance criteria, installation requirements,materials,catalog numbers, and similar information. 2. Verified and determined materials with respect to intended use, fabrication shipping, handling, storage,assembly and installation pertaining to the performance of the Work. 3. Verified and determined all information relative to the Contractor's means, methods, techniques,sequences and procedures of construction, and safety precautions and programs. 4. Reviewed and coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. J. Each Shop Drawing and sample submission will bear a stamp or specific written indication that the Contractor has reviewed and approved all information in the submittal. The stamp or written indication shall state the following: "By this submittal, I hereby represent that I have determined and verified all field measurements,field construction criteria,materials, dimensions,catalog numbers and similar data,and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements." K. Contractor shall submit five(5)copies of each Shop Drawing to the Engineer for review and approval at least thirty(30)calendar days before drawings will be required for ordering materials and commencing the work. L. Every submittal shall be accompanied by a letter of transmittal containing the following: 1. Contractor's name; 2. Project title; 3. Description of the submittal; Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3 - 9 P:109290\134-09290-10002\WadproDrafls\Addendum03125-10000 GENERAL REQUIREMENTS-add�ld. GENERAL REQUIREMENTS 4. Submittals shall be numbered as follows: (spec section no.)—(submittal no. for that spec section)—(letter designation for first or subsequent submittal). Example: 03300-008-B; This example indicates Section 03300 Concrete—eighth submittal for Section 03300— first resubmittal. M. Failure of the Contractor to comply with all of the requirements of this section will result in the shop drawings being returned to the Contractor marked "REJECTED." N. Within 14 calendar days of receipt of properly submitted said Shop Drawings, the Engineer will return 2 copies of each drawing to the Contractor with comments noted thereon. Shop Drawings will be returned to the Contractor with one of the following conditions: 1. NO EXCEPTIONS TAKEN -If the drawing is returned to the Contractor marked "NO EXCEPTIONS TAKEN" a revision of said drawing will not be required. When the submittal is returned to the Contractor under this condition,the Contractor may release the equipment and/or material for manufacture. 2. MAKE CORRECTIONS NOTED- If the drawing is returned to the Contractor marked "MAKE CORRECTIONS NOTED" a resubmittal of said drawing will not be required, but the Contractor shall comply with the comments and notations provided by the Engineer. When the submittal is returned to the Contractor under this condition,the Contractor may release the equipment and/or material for manufacture; however, all comments and notations must be incorporated into the final product. 3. REVISE AND RESUBMIT-If the drawing is returned to the Contractor marked "REVISE AND RESUBMIT"then the Shop Drawing may partially meet the intent of the Contract Documents;however significant revision or additional information is required. When the submittal is returned to the Contractor under this condition,the Contractor shall revise said Shop Drawing and resubmit five(5)copies of said revised drawing to the Engineer. 4. REJECTED -If the drawing is returned to the Contractor marked "REJECTED"then the submittal was not properly submitted or it does not meet the intent of the Contract Documents and the Contractor shall revise said drawing and shall resubmit five (5) copies of said revised drawing to the Engineer,as in the case of an original submittal. O. If so indicated, Contractor shall make corrections requested by the Engineer,and shall resubmit the corrected copies of the Shop Drawings and samples for review and approval. In the case of resubmittals,the Contractor shall direct specific written attention to revisions other than the corrections specifically called for by the Engineer. 1.18 MAINTENANCE AND GUARANTY A. The Contractor hereby guarantees that the entire work constructed under the Contract shall meet fully all requirements thereof as to quality of workmanship and of materials famished by the Contractor. B. The Contractor hereby agrees to make at the Contractor's own expense any repair or replacement made necessary by defects in materials or workmanship supplied by the Contractor that becomes evident within a two(2)year period after date of final payment, and to restore to Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3- 10 P:\09290\130-09290-10002\WDr pmDr skW endum03@5-10000 GENERAL REOUIREMENTSadd-ado GENERAL REQUIREMENTS full compliance with the requirements of the Contract Documents,including all test requirements, any part of the plant facilities or appurtenant works which,during said two-year period , is found to be deficient with respect to any provision of the Contract Documents. C. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the Owner. If the Contractor fails to make repairs and replacements within 30 calendar days,the Owner may contract with others for performance of the work and the Contractor and the Contractor's surety shall be liable to the Owner for the cost thereof. 1.19 PERMITS AND EASEMENTS OBTAINED BY THE OWNER AND OTHERS A. Other than the permits specifically identified herein, Contractor shall take full responsibility for identification and acquisition of permits, including permit fees. The price for such work shall be included within the various items bid and no additional compensation will be made. B. Work under these Specifications is located within the City of San Juan Capistrano, within public rights-of-way. Portions of the work are located within Caltrans rights-of-way and said work shall be completed in accordance of the Caltrans encroachment permit conditions. Proper notification and access requirements to any portion of the work area are the responsibility of Contractor. The cleaning and relining of existing sewers crossing OCTA/Metrolink right-of- way is considered routine maintenance of an existing facility and therefore, a permit or license from OCTA/Metrolink is not required. No work activities shall occur within OCTA/Metrolink right-of-way,including bypass lines,material laydown or equipment staging. C. Contractor shall comply with all rules, regulations and requirements included in the permits. All costs incurred due to the permit and license requirements shall be included in the various bid items and no additional compensation will be made. D. A Caltrans encroachment permit will be obtained by the City. Since this is a"double permit," Contractor is also required to obtain an encroachment permit. 1.20 PERMITS AND LICENSES TO BE OBTAINED BY CONTRACTOR—All permits and licenses for construction of the project shall be obtained by Contractor, except for those specifically identified above as being obtained by others. Contractor is also responsible for ensuring that permits obtained by Owner fulfill the intended permitting requirements to complete the Work. All costs incurred due to permit and license requirements shall be included in the various bid items and no additional compensation will be made. Specific permits identified for this project include the following(not necessarily a comprehensive list): A. City of San Juan Capistrano Encroachment Permit. B. Caltrans Encroachment"double"Permit" 1.21 WORK AREA LIMITS, SITE ACCESS,AND MATERIAL STORAGE A. Work shall be limited to the easements, designated work areas, and public right-of-ways as specified. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3- 11 P:\09290030-0929040002\Wo pmQ flsVMtlendum03T&10000 GENERAL REQUIREMENTS-add-ado GENERAL REQUIREMENTS B. Contractor is responsible for identifying and obtaining suitable areas for staging as well as material and equipment storage. 1.22 CONSTRUCTION WATER-Owner will allow Contractor access to specified, metered hydrants with backflow prevention assemblies at no cost to the Contractor. City-supplied water shall be used specifically for the purpose of constructing and testing all of the work described in these specifications. Contractor shall be responsible for making arrangements for hydrant connections and shall supply all labor and equipment to collect, load,transport, and apply water as necessary for authorized construction use. Contractor can obtain a portable hydrant meter and backflow preventer from the City. The City application for a hydrant must be completed, along with a deposit in the amount of$1200. Contractor will be permitted to connect the meter to various City-owned hydrants. 1.23 DISPOSAL OF CONSTRUCTION WASTE AND EXCESS MATERIAL -Excess excavated soil material shall be removed and disposed of by the Contractor off the project site at the Contractor's expense. Excess soil material shall be routed and disposed of in accordance with all applicable regulations. 1.24 TEMPORARY POWER A. The Contractor shall provide, at the Contractor's own expense, all necessary power required for operations under the Contract,and shall provide and maintain all temporary power lines required to perform the work in a safe and satisfactory manner. B. All temporary connections for electricity shall be subject to the approval of the Owner and the power company representative, and shall be removed in like manner at the Contractor's expense prior to final acceptance of the work. 1.25 CONSTRUCTION LIGHTING -All work conducted under conditions of deficient daylight shall be suitably lighted to insure proper work and to afford adequate facilities for inspection and safe working conditions. 1.26 DUST AND SMOKE CONTROL A. No fuel shall be used nor shall any operation be conducted that will emit into the atmosphere any smoke that is equal to Ringelmann No. 2 or darker. B. No operation shall be conducted that will emit into the atmosphere any flying dust or dirt that is noticeable or that might constitute a nuisance. C. Dust control operations shall be performed to prevent construction operations from producing dust in amounts harmful to, or causing a nuisance to,persons living nearby or occupying buildings in the vicinity of the Work. D. Dry materials and rubbish shall be wet down to prevent blowing dust. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3- 12 PGENERAL REQUIREMENTS-add-ldo GENERAL REQUIREMENTS 1.27 NOISE CRITERIA -Noise levels of 65dB(A),measured at the nearest residential property line, shall not be exceeded. 1.28 SANITATION-The Contractor shall furnish and install all necessary field toilets,lavatory fixtures, and daily janitorial services for the duration of the Work. These accommodations shall be maintained in a neat and sanitary condition. The Contractor shall remove said facilities within two (2)days after the execution of the Notice of Completion. All facilities hereunder shall conform to or exceed the applicable requirements of Cal-OSHA and the OSHA standards for construction. The Contractor shall furnish all the facilities and means for the proper sanitation of the Work and shall hold harmless the City,its officers and employees,from any liability resulting from improper or insufficient sanitation measures. 1.29 ACCUMULATION OF COSTS FOR EXTRA WORK-New or unforeseen work will be classified as"extra work"when Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. Allowed costs,required documentation and payment provisions for such work shall be per Section 3-3 of the Greenbook." 1.30 OVERTIME INSPECTION A. Costs for overtime inspections shall include any inspection required in excess of 8 hours per day- B. Deleted. C. See above for a listing of City legal holidays. D. Costs of overtime inspection will be deducted from any monies due or which may become due to the Contractor. 1.31 SURVEY, STAKING, LINES, GRADES, AND MEASUREMENTS A. Reference lines and grades for the proposed improvements shall be provided by the Contractor. Contractor shall preserve all benchmarks,monuments,survey marks,and stakes,and,in case of their removal or destruction by the Contractor or Contractor's employees, the Contractor shall be liable for the cost of their replacement. B. The Contractor shall keep the Owner informed,48 hours in advance,of the times and places at which the Contractor intends to do work, in order that inspection may be made with the minimum of inconvenience to the Owner or delay to the Contractor. C. Whenever the Owner finds it necessary to carry on operations outside of regular working hours or at other times when the work of the Contractor is not in progress, the Contractor shall furnish all necessary service and assistance. No direct payment shall be made for the cost to the Contractor of any work or delay occasioned by making necessary measurements, or by inspections. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3- 13 P:109290\lU4 9290-10002\Wordy DrafisV denduoA32&10000 GENERAL REQUIREMENTS-add-ado GENERAL REQUIREMENTS D. Field survey and construction staking shall be done by the Contractor. The Owner reserves the right to conduct any of their own surveys at the Owner's convenience to verify constructed lines and grades. 1.32 RECORD DRAWINGS A. The Contractor shall provide and maintain a complete and accurate set of Record Drawings. Such Drawings shall be updated by the Contractor as work progresses. Record Drawings shall be prepared and shall show all changes in the work constituting departures from the original Contract Plans and Specifications. B. Upon completion of each increment of work, all required information and dimensions shall be transferred to the Record Drawings. Changes shall be recorded in a legible and clear manner. Record construction drawings shall be maintained at the jobsite during construction. Facilities and items to be located and verified on the Record Drawings shall include,but not be limited the following: 1. Identify rehabilitated manholes, 2. Location of existing laterals, significant defects, repairs, etc. 3. Existing and proposed piping sizes and materials. 4. Curing method used for each CIPP segment. 5. Other related items, as specified by the Owner. C. All conceptual or major design changes shall be approved by the Owner before implementing the change in the construction Contract. If the onsite system is installed prior to plan check approval and/or inspection,all or any portion of the system will be required to be exposed and corrected as directed by the Owner. Failure to comply may result in termination of the Contract. D. The Owner's receipt and acceptance of the Record Drawings shall be a condition precedent to the release of the retention/final payment. 1.33 HAZARDOUS MATERIALS -In the event the Contractor encounters on the site materials that the Contractor reasonably believes to be asbestos or any hazardous substance,and the asbestos or hazardous substance has not been rendered harmless,the Contractor shall immediately cease work on the area affected and report the condition to the Owner. Contractor may continue work in unaffected areas reasonably believed to be safe. 1.34 COORDINATION AND COOPERATION WITH OTHERS A. During the course of the work to be performed under this Contract,it is possible that other public and private agencies,utility companies and other contractors will be performing work in the immediate vicinity. The Contractor shall coordinate construction activities with others and notify affected agencies at least five(5)working days prior to beginning work. The Contractor, under this contract shall schedule work and coordinate operations with others so as to minimize Hydraulic Capacity Project##1 —Sewer Rehabilitation 010000-A3 - 14 P1092W%l1 -09290-10002\WwdpmOraflsVWdendum03�2S10000GENERAL REQUIREMENTS- dd3do GENERAL REQUIREMENTS conflicts and interference between the Contractor's operations and those of other workers, in strict accordance with Section 7-7 of the Standard Specifications for Public Works Construction. The Contractor shall schedule all work activities to avoid any conflicts with others. No additional compensation will be provided by the Owner for coordination with others. Agencies that may be performing work in the immediate vicinity may include,but are not limited to: 1. City of San Juan Capistrano 2. City of Dana Point 3. City of Laguna Niguel 4. City of San Clemente 5. County of Orange 6. Santa Margarita Water District 7. Moulton Niguel Water District 8. South Coast Water District 9. AT&T Transmission 10. AT&T Distribution 11. Cox Communications 12. Southern California Gas 13. Southern California Edison 14. San Diego Gas and Electric 15. Level 3 Communications 16. Qwest Communications 17. MCINerizon 18. Transportation Corridor Agencies B. The Contractor expressly waives any and all rights to make claim or be entitled to receive any compensation or damages for failure of the Owner or of a utility company,public agency, or other contractor to have related portions of the project completed in time,creating delays, standby or waiting time for work included in this contract. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3 - 15 Po092NklU-09290-10002\Wo pmDrafts d endum03W5-10000 GENERAL REQUIREMENTS-add-3.do GENERAL REQUIREMENTS 1.35 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS A. The Contractor shall protect in place or remove and replace existing improvements which may be damaged by the Contractor's operations as specified in Section 7-9 of the Green Book. Existing improvements may include,but are not limited to: curbs, gutters, sidewalks, fences, trees,road delineators,road striping, existing utilities, irrigation lines,pavement and drainage devices. B. The Contractor shall protect in place all existing trees. No equipment shall he operated or parked within the drip line of the trees nor shall any material including dirt of any kind be stockpiled in this area without the specific approval of the Owner,unless otherwise shown. 1.36 MEASUREMENT AND PAYMENT OF BID ITEMS A. MOBILIZATION AND PREPARATORY WORK(BID ITEM NO. 1) 1, Payment for mobilization and preparatory work will be made at the Contract lump sum price bid therefore in the Bid Schedule, in accordance with the Contract Documents. The Contract lump sum price shall include full compensation for furnishing all labor,tools, equipment,materials and incidentals, and for doing all work involved in mobilization and preparatory work, and for which payment is not otherwise provided for under the Contract,and no additional compensation will be made therefore. 2. The lump sum bid price shall include,but not be limited to,the cost of movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of offices and temporary facilities and services at the project site; for the securing of permits required for the work and occupancy rights to lands incidental to the work; for payment of premiums for bonds and insurance for the project; for any necessary costs of acquisition of equipment, including purchase and mobilization; for provision, and for any other work and operations which must be performed or costs that must be incurred incident to the initiation of meaningful work at the site,all in conformance with the Contract Documents. 3. When other Contract items are adjusted, mobilization and preparatory work costs will be deemed to have been recovered by the Contractor by the payments made for the mobilization and preparatory work,and will be excluded from consideration in determining compensation therefore. Progress payments for the mobilization and preparatory work shall be subject to retainage as provided within the Contract Documents. 4. The price bid for this item shall not exceed 5-percent of the total of bid items two(2) through seven(9). Progress payments for mobilization and preparatory work will be made as follows: a. For the first progress payment(after the Contractor's acceptance of the Notice to Proceed),40%of the amount bid for mobilization and preparatory work will be allowed. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3- 16 P:\09290\t 36-09290-10002\W OMproDraflsV,tltlendum03�25-10000 GENERAL REOUIREMENTSa4d,ld.c GENERAL REQUIREMENTS b. When 25% of the total original Contract amount is earned from other items, an additional 20°/9 of the amount bid for mobilization and preparatory work will be allowed. C. When 501/9 of the total original Contract amount is earned from other schedule items, an additional 20% of the amount bid for mobilization and preparatory work will be allowed. d. When 75%of the total original Contract amount is earned from other schedule items,an additional 10%of the amount bid for mobilization and preparatory work will be allowed. e. When 90%of the total original Contract amount is earned from the other schedule items,the final 10%of the amount bid for mobilization and preparatory work will be allowed. B. TEMPORARY SEWER BYPASS (BID ITEM NO. 2) 1. Payment for Temporary Sewer Bypass will be made at the Contract lump sum price bid therefore in the Bid Schedule, complete in accordance with the Contract Documents. The Contract lump sum price shall include full compensation for furnishing all labor,tools, equipment, materials and incidentals and for doing all work involved in providing sewer bypass facilities, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be allowed therefore. 2. The Contract unit price bid shall include, but not be limited to the cost of providing all required equipment such as pumps, generators,piping,valving, including the new manhole upstream of Manhole 141, site cleanup and restoration,all in conformance with the Contract Documents. C. CURED-IN-PLACE-PIPE 21"DIAMETER(BID ITEM NO. 3) 1. Payment for Cured-In-Place-Pipe 21"Diameter will be made at the Contract unit price bid therefore in the Bid Schedule, complete in place, in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for furnishing all labor, tools, equipment, materials and incidentals,and for doing all work involved with constructing cured-in-place-pipe,and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of pre-bid verification of diameter and linear length,pre-installation video, sewer cleaning, installation and curing of liner,trimming and finishing manhole connection, reestablishing laterals and post-construction video, all in conformance with the Contract Documents. D. CURED-IN-PLACE-PIPE 18" DIAMETER(BID ITEM NO. 4) 1. Payment for Cured-In-Place-Pipe 18"Diameter will be made at the Contract unit price bid therefore in the Bid Schedule, complete in place, in accordance with the Contract Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3- 17 P\09290\134-09290-10002\Wo pmDraft W dendum03@5-10000 GENERAL REQUIREMENTS-add-3.do GENERAL REQUIREMENTS Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for furnishing all labor,tools, equipment,materials and incidentals,and for doing all work involved with constructing cured-in-place-pipe, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of pre-bid verification of diameter and linear length,pre-installation video, sewer cleaning, installation and curing of liner,trimming and finishing manhole connection, reestablishing laterals and post-construction video,all in conformance with the Contract Documents. E. CURED-IN-PLACE-PIPE 8"DIAMETER(BID ITEM NO. 5) 1. Payment for Cured-In-Place-Pipe 8"Diameter will be made at the Contract unit price bid therefore in the Bid Schedule, complete in place, in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for furnishing all labor, tools, equipment,materials and incidentals,and for doing all work involved with constructing cured-in-place-pipe, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of pre-bid verification of diameter and linear length,pre-installation video, sewer cleaning, installation and curing of liner, trimming and finishing manhole connection, reestablishing laterals and post-construction video, all in conformance with the Contract Documents. F. SEWER LATERAL SEALING SYSTEM (BID ITEM NO. 6) 1. Payment for sewer lateral sealing systems for 8"diameter laterals will be made at the Contract unit price bid therefore in the Bid Schedule, complete in place,in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for furnishing all labor, tools,equipment, materials and incidentals, and for doing all work involved with constructing sewer lateral sealing systems,and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include, but not be limited to the cost of sewer cleaning, installation and curing of lateral repair system, trimming and finishing mainline connection,reestablishing laterals and post-construction video, all in conformance with the Contract Documents. G. MANHOLE REHABILITATION(BID ITEM NO. 7) 1. Payment for Manhole Rehabilitation will be made at the Contract unit price bid therefore in the Bid Schedule, complete in place, in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3- 18 P1092N0134-09290-10002%Wo proDraftsV dendum0325-10000 GENERAL REQUIREMENTS-add-3.dmc GENERAL REQUIREMENTS allowed. The Contract unit price bid shall include full compensation for furnishing all labor, tools, equipment, materials and incidentals, and for doing all work involved with constructing Manhole Rehabilitation, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of manhole cleaning,reconstruction of manhole bench and channels, crack and infiltration repair, application of calcium aluminate mortar and trowel finish, all in conformance with the Contract Documents. H. TRAFFIC CONTROL,PUBLIC CONVENIENCE AND SAFETY (BID ITEM NO. 8) 1. Payment for Public Convenience and Safety will be made at the Contract lump sum price bid therefore in the Bid Schedule, complete in accordance with the Contract Documents. The Contract lump sum price shall include full compensation for furnishing all labor, tools, equipment,materials and incidentals and for doing all work involved in providing Public Convenience and Safety, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be allowed therefore. 2. The Contract unit price bid shall include, but not be limited to the cost of preparing traffic control plans, implementing the measures specified in Section 7-10 of the Greenbook, required traffic and pedestrian control, safety orders and confined space entry program, all in conformance with the Contract Documents. I. SIPHON REHABILITATION AT TRABUCO CREEK(BID ITEM NO. 9) 1. Payment this item will be made at the Contract lump sum price bid therefore in the Bid Schedule,complete in place, in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for furnishing all labor,tools, equipment,materials and incidentals,and for doing all work involved with constructing cured-in-place-pipe for all three barrels of the siphon, consisting of two 10-inch and one 8-inch pipes, each of which is approximately 200-linera feet in length, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of pre-bid verification of diameter and linear length, cleaning and evacuation of standing sewage, pre-installation video, installation and curing of liner,trimming and finishing manhole connection, reestablishing laterals and post-construction video,all in conformance with the Contract Documents. PART 2 -PRODUCTS -Not Used PART 3 -EXECUTION—Not Used * END OF SECTION 010000 Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A3- 19 P90929 134-09290-10002\WordWoOrafts Wdendum03\25-10000 GENERAL REQUIREMENTS-add-ldon GENERAL REQUIREMENTS CITY OF SAN JUAN CAPISTRANO ADDENDUM NO. 2 TO CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF HYDRAULIC CAPACITY PROJECT#1 SEWER REHABILITATION (CIP 7706) April 12,2010 Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Contract Documents. This Addendum shall take precedence over the original contract documents. Bidders shall acknowledge receipt of this Addendum by signing this page and faxing a copy of same to the City of San Juan Capistrano at 949-493-3955 at least 24-howl prior to the time of bid opening. In addition,the signed confirmation page for all addendums shall be included with Bid. This Addendum consists of 2-pages and the following attachments: (No attachments) Approved by: Date: -Z !O wich City of San Juan Capistrano Received by: Date: Bidder's Company Bidder's Signature Bidder's Typed or Printed Name City of San Juan Capistrano HCP#1 -Addendum No.2 Page 2 of 2 A. CHANGES TO THE SPECIFICATIONS 1. Section 013500-1.5-B.1 Delete: the first sentence(500,000 linear feet) in its entirety. Replace with: "For a product to be considered Commercially Proven, a minimum of 250,000-linear feet or 4,000 manhole-to-manhole line sections of successful wastewater collection system installations in the U.S. must be documented to the satisfaction of Owner to assure commercial viability." B. CHANGES TO THE EXHIBITS 1. Exhibit D1 Add: A new manhole shall be constructed just upstream of manhole 141 to facilitate bypass pumping. The new manhole shall be 48"in diameter and shall be constructed per City Standard Plan No. 801. C. QUESTIONS AND ANSWERS 1. Question: Can the pedestrian bridge across Trabuco Creek be used for bypass piping? Answer: Yes,however, adequate signage and barriers to maintain public safety will be required. 2. Question: Can a bypass be nm across the commercial center between MH 141 and MH 184? Answer: Yes, the bypass can run through the commercial center between MH 141 and MH 184,but it must be ramped to allow for traffic circulation. Adequate signage and barriers to maintain public safety will be required. * END OF ADDENDUM#2 2- 12"LONG V.C.P. 1 1 JOINTS AT INLETS 1 AND OUTLET WHEN BROKEN END OF PIPE IS WITHIN MANHOLE, BREAK THE PIPE FLUSH WITH INSIDE OF MANHOLE WALL 1 AND PLASTER BROKEN EDGES SMOOTH. WHEN UNBROKEN END OF PIPE IS IN MANHOLE,LEAVE SQUARE END AND FILL FILLETS AT UPPER SECTION TO DRAIN. — THE CROWN ELEVATION OF ALL PIPES SHALL BE THE SAME AS THE CROWN ELEVATION OF THE LARGEST PIPE UNLESS OTHERWISE INDICATED. 1� THE FIRST TWO PIPE JOINTS INTO AND OUT OF EACH MANHOLE SHALL BE A F SECTION. R=2xD ' D' MANHOLE SHAFT OPENING TO BE PLACED ON DOWNSTREAM SIDE OF MANHOLE. LADDER RUNGS ARE _ _ _ REQUIRED. SEE SPECIAL PROVISIONS FOR THE - - - - - CONSTRUCTION OF SANITARY SEWERS,SECT.I-05. ' 1 24" 24" PLAN 7.. N � Pt 6" TOP STEP-3" OTHER STEPS -5" T 1 4 I CONE DETAIL 21/2.. 11/2" a 1 1 M1 - ' 21rz,J -T STIRRUP TYPE SAFETY STEPS SPACED 16"O.C. ^ 12"GROUT ARE CAST IN PLACE AT TZIE OF MANUFACTURE STEP DETAIL JOINT DETAIL STEP NOTE: MATERIAL SHALL BE 3/4"DIA STH CONFORMING TO AS.T.M.A- 15 OR A- 107 GALVANIZED AFTER FABRICATION sW IN ACCORD WITH AS.T.M.A- t23. -dr me City of San Juan Capistrano REVISIONS STANDARD 48" MANHOLE PLAN NO. i 801 72W5 APAP OV 1�TY M.HUBfiR R 31785 DATE SBT 1 OF? CONCRETE(520-C-2500)COLLAR PLASTER FILLET IN UNPAVED AREAS OF PAVEMENT IN PAVED AREAS---;, TOP OR EXISTING GRADE -- - . 1/2"CEMENT MORTAR - – 2-3"COLLAR SECTIONS c CONE SHALL BE ECCENTRIC TO THE DOWN STREAM SIDE it OF THE MANHOLE V2"GROUT BETWEEN BEVEL JOINTS .5 N a 6' ��--�-+ SEE SHEET 1 FOR STEP DETAIL. + a 1- E r 0: Rte" CROWN ELEVATION TO BE EQUAL BASE POURED AGAINST UNDISTURBED SOIL. NOTES: 1. 48"LD.MANHOLE TO BE USED ON SEWERS 20"IN DIAMETER AND LESS. 2. USE 60"I.D.MANHOLE WHEN Z IS EQUAL TO OR GREATER THAN 12'. 3. SEE STD PLAN NO.807 FOR FRAME AND COVER DETAILS. 4. MANHOLES IN UNPAVED AREAS ADJACENT TO TRAVELLED WAYS SHALL BE oM PROTECTED BY METAL POSTS SET IN CONCRETE TO THE CITY'S SATISFACTION. 5. MANHOLES PLACED IN UNPAVED AREAS SHALL HAVE FRAME AND COVER 1'6" ABOVE EXLSTING GRADE. na City of San Juan Capistrano REVISIONS STANDARD 48" MANHOLE PLAN NO. �j 80 APPROVED BY CrTYEN0lNBI34WnALAM hL ERR.C.E. 1785 DATE I SHT 2 OF_ CITY OF SAN JUAN CAPISTRANO ADDENDUM NO. 1 TO CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF HYDRAULIC CAPACITY PROJECT#1 SEWER REHABILITATION (CIP 7706) April 9, 2010 Notice is hereby given to prospective bidders that the following changes, additions,and/or deletions are hereby made a part of the Contract Documents. This Addendum shall take precedence over the original contract documents. Bidders shall acknowledge receipt of this Addendum by signing this page and faxing a copy of same to the City of San Juan Capistrano at 949-493-3955 at least 24-hours prior to the time of bid opening. In addition,the signed confirmation page for all addendums shall be included with Bid. This Addendum consists of 10-pages and the following attachments: 1. Bid Schedule— 1-page 2. Section 010000-A1 —General Requirements;p. 010000-A1-01 through 010000-Al-19. 3. Section 13500-A1 —CIPP;p. 13500-A1-01 through 13500-A1-13 4. Section 13505-A1 —SLSS; p. 13505-A1-01 through 13505-AI-03 5. Section 13600-A1 —MH Rehab.; p. 13600-A1-01 through 13600-A1-10 Approved by: Date: J with City of San Juan Capistrano Received by: Date: Bidder's Company Bidder's Signature Bidder's Typed or Printed Name City of San Juan Capistrano HCP#1 -Addendum No.1 Page 2 of 9 A. SPECIFICATIONS 1. Section 010000-1.10 Sequence of Work Delete: 1., 2., and 3. in its entirety. Replace with: 1. Submittals for review and approval. 2. Permit processing. 3. Manhole selective demolition (ladder removal) and rehabilitation. Temporary bypass sewers may be required to complete this work. 4. Cured-in-place-pipe sewer reconstruction. Temporary bypass sewers will be required to complete this work. 5. The geographic sequence of work shall be as follows: a. The first phase of work to be completed shall be work that is located within the City of San Juan Capistrano but NOT involving permit conditions of Caltrans. This work is shown on Exhibits D10, D11,D12. b. The second phase of work to be completed shall be work that is located within Caltrans rigbt-of-way. This work is shown on Exhibits E8, E9, F8, and G7. 2. Section 010000-1.14 Services During an Emergency Delete: C. in its entirety. Replace with: "C. Contractor will be compensated for such assistance in accordance with Section 3-3 of the Greenbook." 3. Section 010000-1.15 Working Hours Add to the end of paragraph B.: "Work within Caltrans right-of-way will be limited to 10:00 PM to 5:00 AM., Sunday "night' through Thursday "night." No work will be allowed on Friday or Saturday "nights." Add to the end of paragraph C.: "Saturday/Sunday work is defined for this project as after 5:00 AM Friday and before 9:00 PM Sunday (before 10:00 PM Sunday in Caltrans right-of-way)." City of San Juan Capistrano HCP#1 -Addendum No.1 Pae 3 of 9 4. Section 010000-1.19 Permits and Easements Obtained by the Owner and Others Delete: 1.19. in its entirety. Replace with: "PERMITS AND EASEMENTS OBTAINED BY OWNER AND OTHERS A. Other than the permits specifically identified herein, Contractor shall take full responsibility for identification and acquisition of permits, including permit fees. The price for such work shall be included within the various items bid and no additional compensation will be made. B. Work under these Specifications is located within the City of San Juan Capistrano, within public rights-of-way. Portions of the work are located within Caltrans rights-of- way and said work shall be completed in accordance of the Caltrans encroachment permit conditions. Proper notification and access requirements to any portion of the work area are the responsibility of Contractor. The cleaning and relining of existing sewers crossing OCTA/Metrolink right-of-way is considered routine maintenance of an existing facility and therefore, a permit or license from OCTA/Metrolink is not required. No work activities shall occur within OCTA/Metrolink right-of-way, including bypass lines, material laydown or equipment staging. C. Contractor shall comply with all rules, regulations and requirements included in the permits. All costs incurred due to the permit and license requirements shall be included in the various bid items and no additional compensation will be made. D. A Caltrans encroachment permit will be obtained by the City. Since this is a "double permit,"Contractor is also re quired to obtain an encroachment permit. 5. Section 010000-1.20 Permits and Licenses to be obtained by Contractor Delete: 1.20 in its entirety. Replace with: "PERMITS AND LICENSES TO BE OBTAINED BY CONTRACTOR—All permits and licenses for construction of the project shall be obtained by Contractor, except for those specifically identified above as being obtained by others. Contractor is also responsible for ensuring that permits obtained by Owner fulfill the intended permitting requirements to complete the Work. All costs incurred due to permit and license requirements shall be included in the various bid items and no additional compensation will be made. Specific permits identified for this project include the following (not necessarily a comprehensive list): A. City of San Juan Capistrano Encroachment Permit B. Caltrans Encroachment"double" Permit" City of San Juan Capistrano HCP#1 -Addendum No.l Page 4 of 9 6. Section 010000-1.22 CONSTRUCTION WATER Add: "Contractor can obtain a portable hydrant meter and backflow preventer from the City. The City application for a hydrant must be completed, along with a deposit in the amount of $1200. Contractor will be permitted to connect the meter to various City- owned hydrants." 7. Section 010000-1.27 NOISE CRITERIA Delete: 1.27 in its entirety. Replace with: "Noise levels of 65dB(A), measured at the nearest residential property line, shall not be exceeded." 8. Section 010000-1.29 ACCUMULATION OF COSTS FOR EXTRA WORK Delete: 1.29 in its entirety. Replace with: "1.29 New or unforeseen work will be classified as "extra work"when Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. Allowed costs, required documentation and payment provisions for such work shall be per Section 3-3 of the Greenbook." 9. Section 010000-1.30 OVERTIME INSPECTION Delete: B. in its entirety. 10. Section 13500 -1.1-C SUMMARY OF THE WORK Delete: The following sewer segments. 133 to 118 118 to 117 117 to 120 11. Section 013500-1.5-B-4.(ISO 9000) Delete: 4. In its entirety. Replace with: "4. The manufacturing process shall operate under a quality management system which is third-party certified to ISO 9000 or other recognized organization standards. Proof of certification shall be required for approval. Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review." 12. Section 013500-1.5-C (PRE-APPROVALS) Delete: C. In its entirety. City of San Juan Capistrano HCP#1 -Addendum No.l Page 5 of 9 13. Section 013500-3.1-C. BYPASS SEWAGE Add to the end of paragraph C.: "Contractor shall provide one backup pump in each bypass configuration. Said backup pump shall be set-up, in-place and connected to the discharge piping, such that if a pump fails, the backup pump can be immediately started without delay. Table 013500-1 Estimated Sewage Bypass Flows [I] Atlas Sheet ID DS MH Ave Flow(Dia)[21 Clarification This is the average flow between MH 127 D10 140 25-GPM(8") and MH 140. This does not include the flow that passes-through MH 140 via the separate sewer in Los Rios Street. This is the average flow between MH 141 120 2,000-GPM(21") and MH 120. This does not include the flow that passes-through MH 120 via the DI I separate sewer that parallels the railroad. 123 25-GPM(8") This is the average flow between MH 178 and MH 124. D12 113 3,000-GPM(18") This is the average flow between MH 115 and MH 113. ES 133150-GPM(8") This is the average flow between MH 134 MH 133. 133(north) 150-GPM(8") This is the average flow coming from the north. E9 133(south) 25-GPM(8") This is the average flow coming from the south. 134 100-GPM(8") This is the average flow between MH 145 and MH 134. F8 177(G7) 50-GPM(8") This is the average flow between MH 124 and MH 177. 182 100-GPM(8") This is the average flow between MH 127 and MH 182. G7 149(north) 100-GPM(8") This is the average flow between MH 120 and MH 149. 149(south) 25-GPM(8") This is the average flow between MH 114 and MH 149. Notes on estimated sewage bypass flows: [ll The flow values indicated above are estimated and provided for bidding purposes only;the actual flows may be more or less. Prior to initiating a sewage bypass,it shall be Contractor's responsibility to determine anticipated flows, plan for flow peaking,include redundant stand-by equipment. [2] The flow values indicated above are "average" flows over a 24-hour period. During dry-weather the peak flows can be estimated by multiplying the tabulated value by a factor of 2. During wet-weather the peak flows can be estimated by multiplying the tabulated value by a factor of 4. [3] In the event that the City determines additional payment is due to Contractor for higher than expected flows, the price bid will be increased proportionally to the net increase in the total project flow. City of San Juan Capistrano HCP#1 -Addendum No.l Page 6 of 9 14. Section 013500-3.1-F PUBLIC NOTIFICATION Delete: F. in its entirety. Replace with: "F. Public Notification-Contractor shall make every effort to maintain water and sewer service throughout the duration of the project. In the event that a connection will be out of service, the longest period of no-service shall be 6-hours. A public notification program shall be implemented, and shall as a minimum, require Contractor to be responsible for contacting each home or business connected to the sanitary sewer and informing them of the work to be conducted, and when the water and sewer will be off-line. Contractor shall also provide written notice to be delivered to each home or business 24-hours prior to the beginning of work being conducted, and a local telephone number of the Contractor and the City's Project Manager so they can call to discuss the project or any potential concerns." B. EXHIBITS 1. Delete: Exhibits D10, D11,D12, E8, E9,F8 AND G7. The seven contract exhibits have been revised for purposes of clarification. The revised Exhibits are included as a part of this addendum. Replace with: Exhibits D10, DI 1, D12, E8,E9,F8 AND 67, all bearing the following notation: "Addendum 1: Revised for clarification." C. QUESTIONS ASKED DURING BID PHASE 1. Question: What will be the railroad requirements for working adjacent to railroad right-of-way, sewer bypass, flagging, etc.? Answer: No new construction will occur within the SCRRA/Metrolink right-of-way. No workers are permitted to enter said right-of-way during the progress of the work. The work is considered routine maintenance of an existing facility so an encroachment permit is not required. 2. Question: Clarify noise criteria specified in Section 1.27 since night work is required. Answer: Noise levels shall not exceed 65dB(A) at the nearest residential property line. This section of the specifications has been revised; see Addendum #1. 3. Question: Clarify overtime inspection specified in Section 1.30 since night work is required. Answer: This section of the specifications has been revised. See Addendum #1. City of San Juan Capistrano HCP#1 -Addendum No.I Pae 7 of 9 4. Question: Does the project require any open-cut point repairs? Answer: The project does not include any excavation or open-cut work. 5. Question: Does the project require repair of service laterals? Answer: Several service laterals will be relined with "top-hat"type lateral liners. See Addendum #1 andspecification Section 15505-A1. 6. Question: Does the project have any protruding laterals? Answer: Some service laterals are protruding into the sewer. Protruding laterals shall be robotically trimmed back to the mainline inside diameter during the cleaning process and prior to relining. See Addendum #1 for additional information. 7. Question: Is a Caltrans encroachment permit required? If so, what are the Caltrans permit requirements? Answer: Contractor is required to apply for and obtain an encroachment permit for Caltrans. Based on the City's discussions with Caltrans, the following conditions/permissions are expected to be included as conditions of the permit: a. Night'work is between the hours of 10:00 PM and 5:00 AM, Sunday"night" through Friday"morning." b. No equipment or materials may be left in the right-of-way during daytime hours. This applies to bypass piping and appurtenances. c. An above-ground (drive-over type) bypass will be considered as long it is adequately ramped and adequate signage is provided. d. Traffic control plans do not require the stamp of a Professional Engineer. 8. Question: Once Contractor submits the initial video to Engineer, how long will it take for Contractor to obtain Notice to Proceed? Answer: Normal submittal review time is within 14-calendar days per Section 1.17-N. For the case of re-construction videos,review time will be within 7-calendar ih s. City of San Juan Capistrano HCP#1 -Addendum No.l Page 8 of 9 9. Question: Who pays permit fees? Answer: Contractor is responsible for all permit fees per Section 1.20. This includes the City Encroachment Permit and Caltrans Encroachment Permit. 10. Question: Is there a requirement for redundant bypass equipment and if so, does this apply to pumps and piping? Answer: Contractor is required to have one spare pump for each bypass configuration. The spare pump, along with the primary pump shall be connected to the bypass pipeline. A backup bypass pipeline will not be required. For additional information, see Addendum #1. 11. Question: Can the bypass remain in-place and operational during the day? Answer: No bypassing of sewage is outside of the specified work hours. The intent of the bypassing is to set up the bypass for only the segment(s)that will be completed during a single work-shift(night). By conclusion of a shift (5:00 AM), all bypass pumps, piping and related equipment shall be removed from the work area and stored off-site. 12. Question: Can water be shut off while work is being completed in each reach? Answer: Contractor will be permitted to shut off water service within a given reach while work is being performed. The longest period of no-service shall be 6-hours. The requirements for Public Notification arespecified in Section 013500-3.1-F. 13. Question: What are the water meter procedures? Will the City provide a "portable"meter that can be moved as each phase of work progresses? Answer: Contractor can obtain a portable hydrant meter with backflow preventer. See Addendum #1 for details. 14. Question: Does the City have existing sewer videos and how can bidders review said videos? Answer: The City has video for several of the sewers proposed for repair. The videos have been copied to DVD and distributed as a part of this Addendum#1. The videos do not provide coverage for all sewers included in this project; however, the videos provided shall be considered representative of all sewers included in the project. City of San Juan Capistrano HCP#1 -Addendum No.I Page 9 of 9 15. Question: Can the City provide the depths of each manhole? Answer: The rim and invert elevation for each manhole is provided on the sewer atlas Exhibits. 16. Question: Please clarify the ISO 9000 requirements in Section 013500-1.5-13-4. Answer: Only the manufacturing process is required to be ISO 9000 certified. See Addendum#1 for additional information. 17. Question: Please clarify the pre-qualification requirements specified in 013500-1.5-C. Answer: The subject paragraph has been deleted per Addendum 1. * END OF ADDENDUM #1 This is EXHIBIT B, consisting of one page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR. BID SCHEDULE (Revised per Addendum#11 HYDRAULIC CAPACITY PROJECT 91 - SEWER REHABILITATION CIP NO. 7706 ID Description Estimated Unit Unit Price Extended Quantity Price 1 Mobilization and Preparatory Work 1 LS Cannot exceed 5%of bid items 2A 2 Temporary Sewer Bypass 1 LS 3 Cured-In-Place-Pipe 21" 730 LF 4 Cured-In-Place-Pipe 18" 778 LF 5 Cured-In Place-Pipe 8" 8,322 LF 6 Sewer Lateral Sealing System for 8" Lateral 10 EA 7 Manhole Rehabilitation 53 EA 8 Traffic Control, Public Convenience and Safety 1 LS TOTAL: Name of Bidder or Fim1 Hydraulic Capacity Project#1 -Sewer Rehabilitation UNIT PRICE BID SCHEDULE P:\09290\134-09290-10002\Wa PmDreft\Swa-Addendum109 Bid Schedule rev.docx BID FORMS SECTION 010000-A1 —GENERAL REQUIREMENTS PARTI -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Definitions; 2. Project Information 3. Contract Documents; 4. Contract Exhibits; 5. Critical Nature of the Facilities 6. Preconstruction Meeting 7. Construction Schedule 8. Sequence of Work; 9. Existing Site Conditions; 10. Emergency Contact; 11. Services During an Emergency 12. Bidders Breakdown of Lump Sum Bid; 13. Working Hours; 14. Liquidated Damages; 15. Shop Drawings, Submittals and Samples 16. Maintenance and Guarantee 17. Permits to be Obtained by the Contractor Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 - 1 P:\09290N134-09290-10002\W.NP-DmftlSp a-AddendumT2 010000 GENERALREGUIREMENTSAd GENERAL REQUIREMENTS 18. Permits and Easements Obtained by the Owner and Others 19. Work Area limits, Site Access and Material Storage; 20. Construction Water; 21. Disposal of Construction Waste and Excess Material, 22. Temporary Power; 23. Construction Lighting; 24. Dust and Smoke Control; 25. Noise Criteria; 26. Sanitation; 27. Accumulation of Costs for Extra Work; 28. Overtime Inspection; 29. Survey, Staking, Lines, Grades and Measurements; 30. Record Drawings; 31. Coordination and Cooperation with Others; 32. Protection and Restoration of Existing Improvements; 33. Measurement and Payment of Bid Items. 1.3 DEFINITIONS -Whenever the following terms, or pronouns used in their stead,occur in these Specifications,the intent and meaning shall be interpreted as follows: A. AWWA: The American Water Works Association. All references to the specifications of the AW WA are understood to refer to the current specifications as revised or amended at the date of construction. B. Construct: To famish all labor, tools, equipment and incidentals, and to do Work in accordance with the Contract Documents, complete in place for a fully functional and operating system. C. Contractor: The individual,partnership-, corporation,joint venture, or other legal entity having a Contract with Owner to perform the Work. In the case of work being done under the various permits,the permittee shall be construed to be the Contractor. D. Engineer: The Owner's Chief Engineer or other person of legal entity designated by the Owner, either directly or through authorized agents. E. Owner or City: The City of San Juan Capistrano Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 -2 P:\09290\130-09290-10002\WordpmG fts\SpeQ-Mdendum125-010000 GENERAL REQUIREMENTS.do. GENERAL REQUIREMENTS F. Plans or Drawings or Exhibits: That part of the Contract Documents prepared by the Engineer, which graphically and/or schematically shows the scope, extent, and character or the Work to be performed by the Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. G. Record Drawings: The set of Drawings which shows the facilities in their"as-constructed" state, including all revisions to the original Contract Documents. H. Specifications: That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. I. State: The State of California. J. Work: The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction,and furnishing,installing,and incorporating all materials and equipment into such construction, all as required by the Contract Documents. K. Work Area: The area bounded by the rights-of-way immediately adjacent to the project and other delineations as noted on the Drawings for which the Contractor shall maintain all work activities. Storage of materials, staging and other miscellaneous work outside of the Work Area is prohibited. If the Work Area is not delineated on the Drawings,then the Owner will define said boundaries in the field. 1.4 PROJECT INFORMATION A. Project Identification: Hydraulic Capacity Project#1 —Sewer Rehabilitation, Project 7706 B. Project Location: City of San Juan Capistrano, County of Orange, State of California C, Owner: City of San Clemente, Joe Mankawich, Project Manager D. Engineer: Tetra Tech, Neil Barnsdale, Engineer of Record 1.5 CONTRACT DOCUMENTS A. Contract documents consist of the contract(Notice Inviting Bids,Instructions to Bidders, Proposal and Bid Schedule, Specifications, Bonds and Agreement, Drawings),together with the Addenda, Change Orders and Notices. The order of precedence of the contract documents shall be: 1. Change Orders, Field Orders, and Work Change Directives; 2. Agreement and Bonds; 3. Proposal and Bid Schedule; Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 -3 P:m290\134-09290-10002\WO proDreffskSp c2-Addendum25S 10000 GENERAL REQUIREMENTSEocx GENERAL REQUIREMENTS 4. Addenda; 5. Notice Inviting Bids; 6. Instructions to Bidders; 7. Notice of Award; 8. Notice to Proceed; 9. Special Conditions; 10. General Conditions; 11. Description of Work; 12. Reference Specifications; 13. Notice of Completion; 14. Drawings and Detail Drawings. B. The Standard Specifications for Public Works Construction(SSPWC),2000 Edition, shall supplement, to the extent referenced, the requirements specified herein,and are referenced herein as "Greenbook"or"SSPWC." 1.6 CONTRACT"EXHIBITS" A. The location of the work, its general nature and extent, and general dimensions of the project and appurtenant works are shown on the Exhibits and are hereby made a part of these Specifications as listed herein, all bearing the common title: "HCP#1—SEWER REHABILITATION PROJECT." B. LIST OF EXHIBITS 1. D 10 Sewers located in the vicinity of Verdugo Street& ATSF RR 2. D1 l Sewers located in the vicinity of Camino Capistrano and Ave La Paloma 3. D12 Sewers located in the vicinity of Descanso Park 4. E8 Sewers located in the vicinity of Ortega Hwy& Belford Drive 5. E9 Sewers located in the vicinity of Ortega Hwy&La Novia Ave. 6. F8 Sewers located in the vicinity of Ortega Hwy&Avenida Linda Vista 7. G7 Sewers located in the vicinity of Ortega Hwy& Shade Tree Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 -4 P:\09290\131-09290-10002WmdpmDr80s1Spec2-Addedum�25-010000 GENERAL REDUIREMENTSE GENERAL REQUIREMENTS 1.7 CRITICAL NATURE OF THE FACILITIES-It is hereby brought to the Contractor's attention that the subject sewers make the framework of the sewage collection of the entire City of San Juan Capistrano and it is therefore imperative that the Contractor maintain operation of the existing facilities at all times throughout the construction of the proposed improvements. Taking the existing sewage collection facilities out of service for even a short period of time could result in the sewage overflows and extensive damages to a variety of parties. It shall be Contractor's responsibility to adequately size, install and operate the bypass facilities. Any damage done to partially completed work,resulting from inadequately sized bypass, sewage leakage or any other reason shall be the responsibility of Contractor. Damage to partially constructed facilities shall be removed and reconstructed and no additional compensation will be made. Sewage spills shall be immediately cleaned up by Contractor and all permit and/or regulatory violations and/or fines shall be the sole responsibility of Contractor. 1.8 PRECONSTRUCTION MEETING -Within fifteen(15) calendar days after execution of the contract, the Contractor shall schedule,coordinate and attend a preconstruction meeting with the Owner, Engineer, and other interested parties to review the scope of work and schedule. The Contractor shall also provide the Owner with at least one local,24-hour telephone number where the Contractor can be reached day or night, including weekends and holidays. 1.9 CONSTRUCTION SCHEDULE A. General: Within fifteen(15)calendar days after execution of the contract,the Contractor shall prepare and submit to the Owner for review, a progress schedule showing the order in which the Contractor proposes to carry out the Work,the dates on which critical events will occur (including procurement of materials and equipment),and clearly indicate the estimated start and completion dates for the various tasks. The progress schedule shall show the order in which the Contractor proposes to accomplish the Work activities and shall clearly depict the order, interdependence, duration,and workdays for each activity. The progress schedule shall concur with,the interim and final completion requirements of the Contract Documents. The schedule shall show all of the work to be completed for each milestone and interdependence of the various tasks. The schedule breakdown shall be subdivided into areas or facilities in sufficient detail so that the Owner may readily evaluate the Contractor's progress at any given time during the course of the Work and shall be so arranged and itemized as to be of assistance to the Owner in the evaluation of partial estimates and subsequent partial payments. B. Schedule Format: The schedule shall be presented as a detailed bar chart and shall be shown in sufficient detail so as to identify the beginning and end of each of the various construction activities as described above. C. Schedule Updates: The Contractor shall maintain an updated schedule at all times. When so requested by the Owner, an updated schedule shall be forwarded to the Owner within 5 calendar days. If the fifth calendar day falls on a weekend or holiday,then the schedule would be due on the next business day. The Owner's receipt and acceptance of the updated schedule shall be a condition precedent to the issuance of any portion of progress payments. D. Schedule Changes Directed by the Owner: In the event that the Owner is of the opinion that any schedule of operation as thus submitted is inadequate to secure the completion of the work in the time agreed upon,or is otherwise not in accordance with the Contract Documents or if,in the opinion of the Owner, the work is being inadequately or improperly prosecuted in any Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 -5 P:W9290F134-09290-10002\W.,dpmD.ft.%Sp a-AddendumQ5-010000 GENERAL REOUIREMENTS.d. GENERAL REQUIREMENTS respect,the Owner may demand that the Contractor submit new schedules and improve or change the prosecution of the work in such manner as to assure proper and timely execution. The Owner's receipt and acceptance of the updated schedule shall be a condition precedent to the issuance of any portion of progress payments. 1.10 SEQUENCE OF WORK A. Sequence of Work -The Contractor's work schedule shall take into account the following sequence of work items: 1. Submittals for review and approval. 2. Permit processing. 3. Manhole selective demolition(ladder removal) and rehabilitation. Temporary bypass sewers may be required to complete this work. 4. Cured-in-place-pipe sewer reconstruction. Temporary bypass sewers will be required CIPP sewer construction. 5. The geographic sequence of work shall be as follows: a. The initial phase of work to be completed shall be work that is located within the City of San Juan Capistrano but NOT involving permit conditions of Caltrans. This work is indicated on Exhibits D10, Dl l and D12. b. The subsequent phase of work to be completed shall be work that is located within Caltrans right-of-way. This work is illustrated on Exhibits E8, E9, F8 and G7. 1.11 EXISTING SITE CONDITIONS A. Site Visit: The Contractor shall be responsible for visiting the sites prior to bidding and shall be responsible for having ascertained pertinent site conditions such as location, accessibility, and character of the site and extent of existing improvements thereon. Attention is directed to the location of the site,existing access conditions, work area constraints,nearness to vehicular traffic,transportation and storage of materials,and all other matters which may affect the work or cost thereof under this contract. B. Concurrent Work By Others: Work to be performed by the Contractor may occur concurrently with other work being performed by other Contractors within the vicinity of the project site and public rights-of-way.Therefore, it is the responsibility of the Contractor to identify the site conditions which will be available during the project construction, including construction work area, staging, storage, and access. C. Contractor Responsibility: Failure of the Contractor to be acquainted with the existing and anticipated site conditions will not relieve the Contractor from the responsibility for properly estimating the difficulty or cost for successfully performing all of the work under the Contract. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 -6 P:\09290\134-09290-10002\WadproDraft\Sp a-Addendum\25-010000 GENERAL REQUIREMENTSAooa GENERAL REQUIREMENTS 1.12 EMERGENCY CONTACT-Arrangements shall be made by the Contractor to insure that a response,in person or by telephone,by a duly authorized and competent representative of the Contractor,will be made within one hour of any emergency calls made by the Owner to the telephone number provided by the Contractor during any hour of the day or night. If the Contractor is unable to respond to an emergency call, the Owner may take any necessary actions to remedy the emergency conditions, at the Contractor's expense, in all cases where the Contractor is obligated or responsible under these conditions. 1.13 SERVICES DURING AN EMERGENCY A. The contractor shall be obligated to assist the Owner in the event of an emergency condition as determined by the Owner in accordance with the requirements of this section. B. The contractor shall make available to the Owner all mobilized equipment and personnel active on the Owner's project and shall provide supervision of such personnel under the direction of the Owner in order to perform required work to properly respond to the emergency condition. C. Contractor will be compensated for such assistance in accordance with Section 3-3 of the Greenbook. 1.14 BIDDER'S BREAKDOWN OF LUMP SUM BID -In the case of all work for which a lump sum is named in the contract,the Contractor shall submit a detailed schedule of each lump sum item in accordance with Section 9-2 "Lump Sum Work"of the Greenbook. 1.15 WORKING HOURS A. Permits: All field work shall be completed during the night. In addition work shall be executed during the hours specified in the permits. B. Hours: Work is limited to the hours of 9:00 P.M. to 5:00 A.M.,Monday through Friday. Work on Saturdays or Sundays is not permitted. No work of any nature shall commence before 9:00 P.M. including but not limited to: loading, unloading, starting and moving of construction equipment. Work within Caltrans right-of-way will be limited to the hours of 10:00 PM to 5:00 AM, Sunday"night"through Thursday"night." No work will be allowed on Friday or Saturday "nights." C. Saturday/Sunday Work: No Saturday or Sunday work will be permitted under this contract except work considered to be an emergency. The Contractor shall request written authorization from the Owner 24-hours prior to any Saturday or Sunday work. Saturday/Sunday work is defined for this project as after 5:00 AM Friday and before 9:00 PM Sunday(before 10:00 PM Sunday in Caltrans right-of-way). D. Holidays: The Owner legal holidays are: New Years Day(January 1),Martin Luther King Day (third Monday in January),President's Day(third Monday in February), Lincoln's Birthday (February 121h),Memorial Day(last Monday in May),Independence Day(July 4"),Labor Day (first Monday in September), Columbus Day(second Monday in October), Veteran's Day (November 11),Thanksgiving Day(as proclaimed by the State of California) and the day after Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 - 7 p509290\134-09290-10002\WordproDraftslSp a-Addendum\2 -010000 GENERAL RECIUIREMENTS.dor GENERAL REQUIREMENTS Thanksgiving Day, Christmas Eve(December 24`h), Christmas Day(December 25`h) and New Years Eve(December 3151). 1.16 LIQUIDATED DAMAGES -Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the Owner. For each consecutive calendar day in excess of the time specified for the completion of work, liquidated damages shall be assessed at the rate of$1,000.00 per calendar day, in accordance with the General Conditions of these Specifications. Liquidated damages will be deducted from monies due or which become due to the Contractor. 1.17 S14OP DRAWINGS, SUBMITTALS AND SAMPLES A. The Contractor is required to prepare and submit Shop Drawing submittals to the Engineer for review and approval. Shop Drawings are required for all materials and equipment proposed to be incorporated into the Work. Shop Drawings shall be submitted by the Contractor in accordance with these specifications. B. The data shown on the Shop Drawings shall be complete with respect to quantities, dimensions, specified performance and design criteria, materials,and similar data to show the materials and equipment the Contractor proposes to provide and to enable the Engineer to review the information for the limited purposes described herein. C. The Contractor shall also submit material samples to the Engineer for review and approval. Each sample shall be identified clearly as to material, supplier,pertinent data such as catalog number and the use for which intended. D. As part of each Shop Drawing submittal,the Contractor shall give specific written notice of all deviations that the Shop Drawing or sample submitted may have from the requirements of the Contract Documents. The Contractor shall also provide a notation of each such variation on each Shop Drawing and sample submitted to the Engineer for review and approval. E. The Engineer will review the Shop Drawings and samples. The Engineer's review and approval or disapproval will be only to determine if the items covered by the submittals generally comply with the intent of the design. The Engineer's review and approval or disapproval will not extend to means,methods,techniques, sequences, or procedures of construction(except where a particular means,method,technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. F. The Engineer's review and approval of Shop Drawings or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents. No portion of the Work requiring a Shop Drawing submittal shall be started until the submittal has been reviewed by and returned to the Contractor with a notation indicating that resubmittal is not required. G. Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Drawings and Specifications and shall not be taken as the basis of claims for extra work. The Contractor shall have no claim for damages or extension of time due to any Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 -8 P909290\130-09290.10002\WmdpmDafis\Spen2-Addendum@5-010000 GENERAL REQUIREMENTSAd GENERAL REQUIREMENTS delay resulting from making changes to Shop Drawings that have been requested by the Engineer. H. The Engineer's review is limited to checking for general conformance with the design intent and general compliance with the information included in the Contract Documents. Any comments included on Shop Drawings are subject to all requirements of the Contract Documents, applicable codes and permits, and do not relieve the Contractor of any project responsibilities and requirements thereof. Approval/Acceptability of a specific item does not imply approval of an assembly of which the item is a component. I. The Engineer will review the initial submittal of Shop Drawings and sample submission and one resubmittal without cost to the Contractor. The cost of the Engineer's review of multiple resubmittals will be billed to the Contractor at the hourly rate of$275 per hour. Multiple resubmittal costs as provided to the Owner by the Engineer, will be deducted from any monies due or which become due to the Contractor. Shop Drawing and Sample Submission Procedures Before submitting each Shop Drawing or sample,the Contractor shall have done the following: 1. Verified and determined all field measurements, quantities, dimensions, specified performance criteria, installation requirements,materials,catalog numbers, and similar information. 2. Verified and determined materials with respect to intended use, fabrication shipping, handling, storage, assembly and installation pertaining to the performance of the Work. 3. Verified and determined all information relative to the Contractor's means, methods, techniques, sequences and procedures of construction,and safety precautions and programs. 4. Reviewed and coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. J. Each Shop Drawing and sample submission will bear a stamp or specific written indication that the Contractor has reviewed and approved all information in the submittal. The stamp or written indication shall state the following: "By this submittal, I hereby represent that I have determined and verified all field measurements,field construction criteria,materials, dimensions,catalog numbers and similar data,and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements." K. Contractor shall submit five(5)copies of each Shop Drawing to the Engineer for review and approval at least thirty(30)calendar days before drawings will be required for ordering materials and commencing the work. L. Every submittal shall be accompanied by a letter of transmittal containing the following: I. Contractor's name; 2. Project title; 3. Description of the submittal; Hydraulic Capacity Project#1 — Sewer Rehabilitation 010000-A1 -9 P:109290\130-09290-10002\WpdpmDmtla\Spe -Addendum@5910000 GENERAL REQUIREMENTSAp GENERAL REQUIREMENTS 4. Submittals shall be numbered as follows: (spec section no.)—(submittal no. for that spec section)—(letter designation for first or subsequent submittal). Example: 03300-008-13; This example indicates Section 03300 Concrete—eighth submittal for Section 03300— first resubmittal. M. Failure of the Contractor to comply with all of the requirements of this section will result in the shop drawings being returned to the Contractor marked"REJECTED." N. Within 14 calendar days of receipt of properly submitted said Shop Drawings,the Engineer will return 2 copies of each drawing to the Contractor with comments noted thereon. Shop Drawings will be returned to the Contractor with one of the following conditions: I. NO EXCEPTIONS TAKEN -If the drawing is returned to the Contractor marked "NO EXCEPTIONS TAKEN" a revision of said drawing will not be required. When the submittal is returned to the Contractor under this condition,the Contractor may release the equipment and/or material for manufacture. 2. MAKE CORRECTIONS NOTED -If the drawing is returned to the Contractor marked "MAKE CORRECTIONS NOTED" a resubmittal of said drawing will not be required, but the Contractor shall comply with the comments and notations provided by the Engineer. When the submittal is returned to the Contractor under this condition,the Contractor may release the equipment and/or material for manufacture; however,all comments and notations must be incorporated into the final product. 3. REVISE AND RESUBMIT- If the drawing is returned to the Contractor marked "REVISE AND RESUBMIT" then the Shop Drawing may partially meet the intent of the Contract Documents; however significant revision or additional information is required. When the submittal is returned to the Contractor under this condition,the Contractor shall revise said Shop Drawing and resubmit five(5)copies of said revised drawing to the Engineer. 4. REJECTED -If the drawing is returned to the Contractor marked "REJECTED" then the submittal was not properly submitted or it does not meet the intent of the Contract Documents and the Contractor shall revise said drawing and shall resubmit five(5) copies of said revised drawing to the Engineer, as in the case of an original submittal. O. If so indicated, Contractor shall make corrections requested by the Engineer,and shall resubmit the corrected copies of the Shop Drawings and samples for review and approval. In the case of resubmittals,the Contractor shall direct specific written attention to revisions other than the corrections specifically called for by the Engineer. 1.18 MAINTENANCE AND GUARANTY A. The Contractor hereby guarantees that the entire work constructed under the Contract shall meet fully all requirements thereof as to quality of workmanship and of materials furnished by the Contractor. B. The Contractor hereby agrees to make at the Contractor's own expense any repair or replacement made necessary by defects in materials or workmanship supplied by the Contractor that becomes evident within a two-year period after date of final payment, and to restore to full Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 - 10 P:\09290\1340929040002\WadproDrfta pe -AddendumT2 10000 GENERAL REQUREMENTSAd GENERAL REQUIREMENTS compliance with the requirements of the Contract Documents, including all test requirements, any part of the plant facilities or appurtenant works which, during said two-year period, is found to be deficient with respect to any provision of the Contract Documents. C. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the Owner. If the Contractor fails to make repairs and replacements within 30 calendar days, the Owner may contract with others for performance of the work and the Contractor and the Contractor's surety shall be liable to the Owner for the cost thereof. 1.19 PERMITS AND EASEMENTS OBTAINED BY THE OWNER AND OTHERS A. Other than the permits specifically identified herein, Contractor shall take full responsibility for identification and acquisition of permits, including permit fees. The price for such work shall be included within the various items bid and no additional compensation will be made. B. Work under these Specifications is located within the City of San Juan Capistrano, within public rights-of-way. Portions of the work are located within Caltrans rights-of-way and said work shall be completed in accordance of the Caltrans encroachment permit conditions. Proper notification and access requirements to any portion of the work area are the responsibility of Contractor. The cleaning and relining of existing sewers crossing OCTA/Metrolink right-of- way is considered routine maintenance of an existing facility and therefore, a permit or license from OCTA/Metrolink is not required. No work activities shall occur within OCTA/Metrolink right-of-way, including bypass lines,material laydown or equipment staging. C. Contractor shall comply with all rules, regulations and requirements included in the permits. All costs incurred due to the permit and license requirements shall be included in the various bid items and no additional compensation will be made. D. A Caltrans encroachment permit will be obtained by the City. Since this is a"double permit," Contractor is also required to obtain an encroachment permit. 1.20 PERMITS AND LICENSES TO BE OBTAINED BY CONTRACTOR—All permits and licenses for construction of the project shall be obtained by Contractor, except for those specifically identified above as being obtained by others. Contractor is also responsible for ensuring that permits obtained by Owner fulfill the intended permitting requirements to complete the Work. All costs incurred due to permit and license requirements shall be included in the various bid items and no additional compensation will be made. Specific permits identified for this project include the following(not necessarily a comprehensive list): A. City of San Juan Capistrano Encroachment Permit. B. Caltrans Encroachment"double"Permit" 1.21 WORK AREA LIMITS, SITE ACCESS,AND MATERIAL STORAGE A. Work shall be limited to the easements, designated work areas, and public right-of-ways as specified. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 - 11 P:\09290\13/-0929040002\WordpmOrafis\Spe -AddendumUS-010000 GENERAL REGUIREMENTSAo GENERAL REQUIREMENTS B. Contractor is responsible for identifying and obtaining suitable areas for staging as well as material and equipment storage. 1.22 CONSTRUCTION WATER-Owner will allow Contractor access to specified,metered hydrants with backflow prevention assemblies at no cost to the Contractor. City supplied water shall be used specifically for the purpose of constructing and testing all of the work described in these specifications. Contractor shall be responsible for making arrangements for hydrant connections and shall supply all labor and equipment to collect, load,transport,and apply water as necessary for authorized construction use. Contractor can obtain a portable hydrant meter and backflow preventer from the City. The City application for a hydrant must be completed, along with a deposit in the amount of$1200. Contractor will be permitted to connect the meter to various City-owned hydrants. 1.23 DISPOSAL OF CONSTRUCTION WASTE AND EXCESS MATERIAL-Excess excavated soil material shall be removed and disposed of by the Contractor off the project site at the Contractor's expense. Excess soil material shall be routed and disposed of in accordance with all applicable regulations. 1.24 TEMPORARY POWER A. The Contractor shall provide,at the Contractor's own expense, all necessary power required for operations under the Contract, and shall provide and maintain all temporary power lines required to perform the work in a safe and satisfactory manner. B. All temporary connections for electricity shall be subject to the approval of the Owner and the power company representative,and shall be removed in like manner at the Contractor's expense prior to final acceptance of the work. 1.25 CONSTRUCTION LIGHTING -All work conducted under conditions of deficient daylight shall be suitably lighted to insure proper work and to afford adequate facilities for inspection and safe working conditions. 1.26 DUST AND SMOKE CONTROL A. No fuel shall be used nor shall any operation be conducted that will emit into the atmosphere any smoke that is equal to Ringelmann No. 2 or darker. B. No operation shall be conducted that will emit into the atmosphere any flying dust or dirt that is noticeable or that might constitute a nuisance. C. Dust control operations shall be performed to prevent construction operations from producing dust in amounts harmful to,or causing a nuisance to,persons living nearby or occupying buildings in the vicinity of the Work. D. Dry materials and rubbish shall be wet down to prevent blowing dust. Hydraulic Capacity Project#1 — Sewer Rehabilitation 010000-A1 - 12 P1 2N0134-09290-10002\Wo pro0ra Sper2-AdOendum�"10000 GENERAL REQUIREMENTS.do GENERAL REQUIREMENTS 1.27 NOISE CRITERIA -Noise levels of 65dB(A),measured at the nearest residential property line, shall not be exceeded. 1.28 SANITATION-The Contractor shall firmish and install all necessary field toilets, lavatory fixtures, and daily janitorial services for the duration of the Work. These accommodations shall be maintained in a neat and sanitary condition. The Contractor shall remove said facilities within two(2)days after the execution of the Notice of Completion. All facilities hereunder shall conform to or exceed the applicable requirements of Cal-OSHA and the OSHA standards for construction. The Contractor shall famish all the facilities and means for the proper sanitation of the Work and shall hold harmless the City, its officers and employees, from any liability resulting from improper or insufficient sanitation measures. 1.29 ACCUMULATION OF COSTS FOR EXTRA WORK -New or unforeseen work will be classified as"extra work"when Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. Allowed costs,required documentation and payment provisions for such work shall be per Section 3-3 of the Greenbook." 1.30 OVERTIME INSPECTION A. Costs for overtime inspections shall include any inspection required in excess of 8 hours per day. B. Deleted. C. See above for a listing of City legal holidays. D. Costs of overtime inspection will be deducted from any monies due or which may become due to the Contractor. 1.31 SURVEY, STAKING,LINES,GRADES,AND MEASUREMENTS A. Reference lines and grades for the proposed improvements shall be provided by the Contractor. Contractor shall preserve all benchmarks, monuments, survey marks,and stakes, and, in case of their removal or destruction by the Contractor or Contractor's employees,the Contractor shall be liable for the cost of their replacement. B. The Contractor shall keep the Owner informed,48 hours in advance, of the times and places at which the Contractor intends to do work, in order that inspection may be made with the minimum of inconvenience to the Owner or delay to the Contractor. C. Whenever the Owner finds it necessary to carry on operations outside of regular working hours or at other times when the work of the Contractor is not in progress,the Contractor shall furnish all necessary service and assistance. No direct payment shall be made for the cost to the Contractor of any work or delay occasioned by making necessary measurements, or by inspections. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 - 13 P'.W9200\134-0929040002M�adproDratts\Spec2-Atldan0um\25-010000 GENERAL REQUIREMENTSEom GENERAL REQUIREMENTS D. Field survey and construction staking shall be done by the Contractor. The Owner reserves the right to conduct any of their own surveys at the Owner's convenience to verify constructed lines and grades. 1.32 RECORD DRAWINGS A. The Contractor shall provide and maintain a complete and accurate set of Record Drawings. Such Drawings shall be updated by the Contractor as work progresses. Record Drawings shall be prepared and shall show all changes in the work constituting departures from the original Contract Plans and Specifications. B. Upon completion of each increment of work, all required information and dimensions shall be transferred to the Record Drawings. Changes shall be recorded in a legible and clear manner. Record construction drawings shall be maintained at the jobsite during construction. Facilities and items to be located and verified on the Record Drawings shall include,but not be limited the following: 1. Identify rehabilitated manholes, 2. Location of existing laterals, significant defects,repairs,etc. 3. Existing and proposed piping sizes and materials. 4. Curing method used for each CIPP segment. 5. Other related items, as specified by the Owner. C. All conceptual or major design changes shall be approved by the Owner before implementing the change in the construction Contract. If the onsite system is installed prior to plan check approval and/or inspection, all or any portion of the system will be required to be exposed and corrected as directed by the Owner. Failure to comply may result in termination of the Contract. D. The Owner's receipt and acceptance of the Record Drawings shall be a condition precedent to the release of the retention/final payment. 1.33 HAZARDOUS MATERIALS - In the event the Contractor encounters on the site materials that the Contractor reasonably believes to be asbestos or any hazardous substance, and the asbestos or hazardous substance has not been rendered harmless,the Contractor shall immediately cease work on the area affected and report the condition to the Owner. Contractor may continue work in unaffected areas reasonably believed to be safe. 1.34 COORDINATION AND COOPERATION.WITH OTHERS A. During the course of the work to be performed under this Contract, it is possible that other public and private agencies, utility companies and other contractors will be performing work in the immediate vicinity. The Contractor shall coordinate construction activities with others and notify affected agencies at least five (5)working days prior to beginning work. The Contractor, under this contract shall schedule work and coordinate operations with others so as to minimize Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 - 14 P1092901134-09290-100021WaPmDmfts5pec2-Addendum@5-010000 GENERAL REOUIREMENTS.doc GENERAL REQUIREMENTS conflicts and interference between the Contractor's operations and those of other workers, in strict accordance with Section 7-7 of the Standard Specifications for Public Works Construction. The Contractor shall schedule all work activities to avoid any conflicts with others. No additional compensation will be provided by the Owner for coordination with others. Agencies that may be performing work in the immediate vicinity may include,but are not limited to: 1. City of San Juan Capistrano 2. City of Dana Point 3. City of Laguna Niguel 4. City of San Clemente 5. County of Orange 6. Santa Margarita Water District 7. Moulton Niguel Water District 8. South Coast Water District 9. AT&T Transmission 10. AT&T Distribution 11. Cox Communications 12. Southern California Gas 13. Southern California Edison 14. San Diego Gas and Electric 15. Level 3 Communications 16. Qwest Communications 17. MCl/Verizon 18. Transportation Corridor Agencies B. The Contractor expressly waives any and all rights to make claim or be entitled to receive any compensation or damages for failure of the Owner or of a utility company,public agency,or other contractor to have related portions of the project completed in time, creating delays, standby or waiting time for work included in this contract. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 - 15 P'\09290\139-09290-10002\Wor PmDraft\Sp a-Mdendum125-010000 GENERAL REDUIREMENTSAtl GENERAL REQUIREMENTS 1.35 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS A. The Contractor shall protect in place or remove and replace existing improvements which may be damaged by the Contractor's operations as specified in Section 7-9 of the Green Book. Existing improvements may include,but are not limited to: curbs, gutters, sidewalks, fences, trees, road delineators,road striping, existing utilities, irrigation lines,pavement and drainage devices. B. The Contractor shall protect in place all existing trees. No equipment shall be operated or parked within the drip line of the trees nor shall any material including dirt of any kind be stockpiled in this area without the specific approval of the Owner, unless otherwise shown. 1.36 MEASUREMENT AND PAYMENT OF BID ITEMS A. MOBILIZATION AND PREPARATORY WORK(BID ITEM NO. 1) 1. Payment for mobilization and preparatory work will be made at the Contract lump sum price bid therefore in the Bid Schedule, in accordance with the Contract Documents. The Contract lump sum price shall include full compensation for furnishing all labor,tools, equipment,materials and incidentals,and for doing all work involved in mobilization and preparatory work, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The lump sum bid price shall include,but not be limited to,the cost of movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of offices and temporary emporary facilities and services at the project site; for the securing of permits required for the work and occupancy rights to lands incidental to the work; for payment of premiums for bonds and insurance for the project; for any necessary costs of acquisition of equipment, including purchase and mobilization; for provision,and for any other work and operations which must be performed or costs that must be incurred incident to the initiation of meaningful work at the site,all in conformance with the Contract Documents. 3. When other Contract items are adjusted,mobilization and preparatory work costs will be deemed to have been recovered by the Contractor by the payments made for the mobilization and preparatory work, and will be excluded from consideration in determining compensation therefore. Progress payments for the mobilization and preparatory work shall be subject to retainage as provided within the Contract Documents. 4. The price bid for this item shall not exceed 10-percent of the total of bid items two(2) through seven(7). Progress payments for mobilization and preparatory work will be made as follows: a. For the first progress payment(after the Contractor's acceptance of the Notice to Proceed),40%of the amount bid for mobilization and preparatory work will be allowed. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 - 16 P909290\130-09290-10002\Wo pmD fts\SPe -Addendum@2 -010000 GENERAL REQUIREMENTSAd GENERAL REQUIREMENTS b. When 25%of the total original Contract amount is earned from other items, an additional 20%of the amount bid for mobilization and preparatory work will be allowed. C. When 50%of the total original Contract amount is earned from other schedule items, an additional 20%of the amount bid for mobilization and preparatory work will be allowed. d. When 75%of the total original Contract amount is earned from other schedule items, an additional 10%of the amount bid for mobilization and preparatory work will be allowed. e. When 90% of the total original Contract amount is earned from the other schedule items, the final 10% of the amount bid for mobilization and preparatory work will be allowed. B. TEMPORARY SEWER BYPASS (BID ITEM NO. 2) 1. Payment for Temporary Sewer Bypass will be made at the Contract lump sum price bid therefore in the Bid Schedule, complete in accordance with the Contract Documents. The Contract lump sum price shall include full compensation for furnishing all labor,tools, equipment, materials and incidentals and for doing all work involved in providing sewer bypass facilities, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be allowed therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of providing all required equipment such as pumps, generators,piping,valving, site cleanup and restoration, all in conformance with the Contract Documents. C. CURED-IN-PLACE-PIPE 21"DIAMETER(BID ITEM NO. 3) 1. Payment for Cured-In-Place-Pipe 21"Diameter will be made at the Contract unit price bid therefore in the Bid Schedule, complete in place, in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for famishing all labor,tools,equipment, materials and incidentals, and for doing all work involved with constructing cured-in-place-pipe, and for which payment is not otherwise provided for under the Contract,and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of pre-bid verification of diameter and linear length,pre-installation video, sewer cleaning, installation and curing of liner, trimming and finishing manhole connection, reestablishing laterals and post-construction video, all in conformance with the Contract Documents. D. CURED-IN-PLACE-PIPE 18"DIAMETER(BID ITEM NO. 4) 1. Payment for Cured-In-Place-Pipe 18" Diameter will be made at the Contract unit price bid therefore in the Bid Schedule, complete in place, in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 - 17 P:W92W0134-09290-100021Wordpro0re11e1Spea-Addendum125-010000 GENERAL REGUIREMENTS.dxx GENERAL REQUIREMENTS compensation will be allowed. The Contract unit price bid shall include full compensation for furnishing all labor, tools, equipment,materials and incidentals,and for doing all work involved with constructing cured-in-place-pipe, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of pre-bid verification of diameter and linear length,pre-installation video, sewer cleaning, installation and curing of liner,trimming and finishing manhole connection, reestablishing laterals and post-construction video,all in conformance with the Contract Documents. E. CURED-IN-PLACE-PIPE 8"DIAMETER(BID ITEM NO. S) 1. Payment for Cured-In-Place-Pipe 8"Diameter will be made at the Contract unit price bid therefore in the Bid Schedule, complete in place, in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for furnishing all labor,tools,equipment,materials and incidentals, and for doing all work involved with constructing cured-in-place-pipe, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of pre-bid verification of diameter and linear length,pre-installation video, sewer cleaning, installation and curing of liner, trimming and finishing manhole connection, reestablishing laterals and post-construction video,all in conformance with the Contract Documents. F. SEWER LATERAL SEALING SYSTEM (BID ITEM NO. 6) 1. Payment for sewer lateral sealing systems for 8"diameter laterals will he made at the Contract unit price bid therefore in the Bid Schedule,complete in place,in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for furnishing all labor,tools,equipment,materials and incidentals, and for doing all work involved with constructing sewer lateral sealing systems, and for which payment is not otherwise provided for under the Contract,and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of sewer cleaning, installation and curing of lateral repair system,trimming and finishing mainline connection, reestablishing laterals and post-construction video, all in conformance with the Contract Documents. G. MANHOLE REHABILITATION(BID ITEM NO. 7) 1. Payment for Manhole Rehabilitation will be made at the Contract unit price bid therefore in the Bid Schedule,complete in place, in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for famishing all Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 - 18 P%09290\130-09290-10002\WodmOre \SPe -Addendum@5-010000 GENERAL REQUIREMENTSAd GENERAL REQUIREMENTS labor, tools, equipment,materials and incidentals,and for doing all work involved with constructing Manhole Rehabilitation, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of manhole cleaning,reconstruction of manhole bench and channels,crack and infiltration repair, application of calcium aluminate mortar and trowel finish,all in conformance with the Contract Documents. H. TRAFFIC CONTROL, PUBLIC CONVENIENCE AND SAFETY(BID ITEM NO. 8) 1. Payment for Public Convenience and Safety will be made at the Contract lump sum price bid therefore in the Bid Schedule, complete in accordance with the Contract Documents. The Contract lump sum price shall include full compensation for furnishing all labor, tools, equipment,materials and incidentals and for doing all work involved in providing Public Convenience and Safety, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be allowed therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of preparing traffic control plans, implementing the measures specified in Section 7-10 of the Greenbook, required traffic and pedestrian control, safety orders and confined space entry program, all in conformance with the Contract Documents. PART 2 -PRODUCTS-,Not Used PART 3 -EXECUTION—Not Used * END OF SECTION 010000 Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-A1 - 19 PrW9290\134-092%P10002\WordpmDmft\Sp a-Addendum\25U10000 GENERAL REQUIREMENTS.do GENERAL REQUIREMENTS SECTION 013500-A1—CURED-IN-PLACE-PIPE(CIPP) PART 1 -GENERAL 1.1 INTENT A. It is the intent of this specification to provide for the reconstruction of sewers by the installation of a resin-impregnated flexible fiber tube,which is tightly formed to the original pipe. The resin shall be cured using hot water, steam or ultraviolet light(UV). The cured-in-place-pipe (CIPP)will be continuous and tight fitting. B. All work shall be performed in accordance with applicable OSHA standards, including all requirements for entering and working in confined spaces. C. SUMMARY OF THE WORK "ORTEGA NORTH" Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 120 149 Ortega Highway 8 408 149 119 Ortega Highway 8 310 119 114 Ortega Highway @ Ave Siega 8 282 127 116 Ortega Highway @ Ave Toyon 8 347 116 179 Ortega Highway 8 382 179 184 Ortega Highway 8 206 17 184 7 Ortega Highway 8 144 177 125 Ortega Highway 8 364 125 124 Ortega Highway @ Via Cordova 8 254 182 181 Ortega Highway 8 130 181 177 Ortega Highway 8 42 "ORTEGA NORTH"TOTAL: 2,869-LF Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A1 - 1 P\09290\13409290-100021WwdpmDraftlSpec2-Addendum\25-013500-CIPP-addendum-1.da CURED-IN-PLACE-PIPE "ORTEGA SOUTH" Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 145 143 Ortega Highway 8 290 143 137 Ortega Highway 8 400 137 136 Ortega Highway 8 400 136 135 Ortega Highway 8 400 135 134 Ortega Highway 8 170 134 180 Ortega Highway 8 300 180 160 Ortega Highway 8 140 160 137 Ortega Highway 8 250 137 133 Ortega Highway 8 240 133 143 Ortega Highway 8 220 143 138 Ortega Highway 8 220 138 142 Ortega Highway 8 220 142 119 Ortega Highway 8 370 "ORTEGA SOUTH"TOTAL: 3,620-LF "VERDUGO"AREA Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 127 128 Right of Way 8 180 128 120 Right of Way 8 240 120 139 Verdugo St 8 70 139 x?x Los Rios St 8 120 "VERDUGO"TOTAL: 610-LF Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A1 -2 P 0929M3409290-10002%WO P.DraRslSpec2-Addendum@5-013500-CIPP-addendum-t.d. CURED-IN-PLACE-PIPE "LA PALOMA"AREA Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 141 184 Easement 21 210 184 126 La Paloma 21 190 126 127 La Paloma 21 330 127 133 Camino Capistrano 18 458 433 44.9 FBSemont 4-8 474 41044-7ASTC=io1-F RR GG-fessing 4-9 4'QO 44-7 N Migeelita Read 4-9 TV 178 129 Alley 8 23 129 132 Alley 8 80 132 122 Alley 8 300 122 125 Alley 8 600 125 124 Alley 8 220 "LA PALOMA"TOTAL: 2,996 "DESCANSO PARK"AREA Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 113 115 South of Dance Hall 18 240 115 114 South Edge of GW Treatment Plant 18 80 "DESCANSO PARK"TOTAL: 320-LF 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 General Requirements, apply to this Section. B. This specification references standards from the American Society for Testing and Materials, such as: 1. ASTM D543 —Resistance of plastics to Chemical Reagents; 2. ASTM D 638—Tensile Properties of Plastics; Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A1 -3 P109290\134.09290-10002\Wor pmOmRs\Spe -Addendum@5-013500-CIPPaddendum-1.da CURED-IN-PLACE-PIPE 3. ASTM D790 - Test Methods for Flexural Properties of Un-reinforced and Reinforced Plastics and Electrical Insulating Materials; 4. ASTM D2990-Tensile, Compressive, and Flexural Creep and Creep-Rupture of Plastics; 5. ASTM D5813 -Cured-in-Place Thermosetting Resin Sewer Pipe; 6. ASTM F1216 - Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin-Impregnated Tube; 7. ASTM F1743 - Rehabilitation of Existing Pipelines and Conduits by Pulled-in-Place Installation of Cured-in-Place Thermosetting Resin Pipe(CIDP); 8. ASTM F2019-03- Rehabilitation of Existing Pipelines and Conduits by the Pulled in Place Installation of Glass Reinforced Plastic (GRP) Cured-in-Place Thermosetting Resin Pipe(CIDP); 1.3 SUMMARY A. Section Includes: I. Product,Manufacturer and Installer Pre-Approval Minimum Requirements; 2. Tube Requirements; 3. Resin Requirements; 4. Structural Properties; 5. Design Requirements; 6. Minimum Liner Thickness Calculation Method; 7. Testing Requirements; 8. Installation Responsibilities for Incidental items; 9. Cleaning of Sewer Lines; 10. Bypassing Sewage; 11. Inspection of Prebid Videos; 12. Pre-Installation Videos; 13. Post-Installation Videos; 14. Public notifications; 15. Reinstatement of Branch Connections. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-At -4 PA09290\134-09290-10002\W.Wp.D.ftS a-Addendum\25-013500-CIPP-addendum-1.d. CURED-IN-PLACE-PIPE 1.4 SUBMITTALS—As a minimum, Contractor shall submit the following for review: A. Liner tube, resin, sealant fittings,adapters and specials. B. Calculations for liner thickness. C. CIDP System technical literature. D. Certificates and Affidavits 1. Affidavit of compliance with applicable standards for resins and tube materials. 2. Certification that Contractor is a licensed installer of any patented process. 1.5 PRODUCT,MANUFACTURER AND INSTALLER QUALIFICATION REQUIREMENTS A. The sewer repairs specified herein are intended to have a 50-year design life. In order to minimize the Owner's risk,only proven products with substantial successful long-term track records will be approved. All trenchless rehabilitation products and installers must be pre- approved prior to the formal opening of proposals. B. Products and Installers seeking approval must meet all of the following criteria to be deemed Commercially Acceptable: 1. For a Product to be considered Commercially Proven,a minimum of 500,000 linear feet or 4,000 manhole-to-manhole line sections of successful wastewater collection system installations in the U.S. must be documented to the satisfaction of the Owner to assure commercial viability. Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review. 2. For an Installer to be considered as Commercially Proven,the Installer must have had at least 3 (three)years active experience in the commercial installation of cured-in-place- pipe. In addition, the Installer must have successfully installed at least 10,000 feet of the CIDP in wastewater collection systems.Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review. 3. Sewer rehabilitation products submitted for approval must provide third party test results supporting the structural performance (short-term and long-term)of the product and such data shall be satisfactory to the Owner. Test samples shall be prepared so as to simulate installation methods and trauma of the product. Products without independent third party testing verification are not acceptable. Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review. 4. Both the rehabilitation manufacturing and installation processes shall operate under a quality management system which is third-party certified to ISO 9000 or other recognized organization standards. Proof of certification shall be required for approval. Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A1 -5 P:\09290\130-09290-10002\WoreproOraftZ3 c -Mdendum125-013500-CIPP-addendum-1.da CURED-IN-PLACE-PIPE C. Documentation for products and installers seeking pre-approved status must be submitted no less than two weeks prior to Bid date to allow time for adequate consideration. Owner will advise of acceptance or rejection a minimum of three days prior to Bid Opening. All required submittals must be satisfactory to the Owner. 1.6 BIDDER'S INSPECTION—Bidder shall examine CCTV video files of sewers and become familiar with the existing sewer conditions prior to submitting a bid. PART2 -PRODUCTS 2.1 MATERIALS A. Tube-The tube shall be flexible, contain the approved resin and meet the requirements of ASTM F1216 or ASTM F1743. The tube shall be constructed to withstand installation pressures,have sufficient strength to bridge missing pipe, and stretch to fit irregular pipe sections. 1. The wet out tube shall have a relatively uniform thickness that when compressed at installation pressures will equal or exceed the calculated minimum design thickness. 2. The tube shall be manufactured to a size that when installed will tightly fit the internal circumference and length of the original pipe. Allowance should be made for circumferential stretching during inversion. Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be utilized. 3. The outside layer of the tube shall be coated with an impermeable, flexible membrane that will contain the resin and all the resin impregnation(wet out)procedure to be monitored. 4. No dry or unsaturated layers shall be evident. 5. The wall color of the interior pipe surface of CIDP after installation shall be a relatively light reflective color so that a clear detailed examination with closed circuit television inspection equipment may be made. 6. The tube shall be marked for distance at regular intervals along its entire length,not to exceed 5 ft. Such markings shall include the manufacturers name or identifying symbol. The tubes must be manufactured in the USA. B. Resin-The resin system shall be a corrosion resistant polyester, vinyl ester, or epoxy system including all required catalysts, initiators or hardeners that when cured within the tube create a composite that satisfies the requirements of ASTM 2019, ASTM 171216 and ASTM F1743, the physical properties herein,and those which are to be utilized in the design of the CIPP for this project. 1. The resin shall produce a CIDP that will comply with the structural and chemical resistance requirements of this specification. Hydraulic Capacity Project 41 —Sewer Rehabilitation 013500-A1 -6 P W9290H 31-09290-10002\WOMpmDafls\Sp a.Mdendum\25-013500-CIPP-addendum-1dmx CURED-IN-PLACE-PIPE 2. The chemical corrosion resistance of the resin system shall be tested by the resin manufacturer in accordance with ASTM F 1216. 2.2 STRUCTURAL REQUIREMENTS A. The CIDP shall be designed per ASTM F 1216. The CIPP design shall be based on the assumption that no bonding to the original pipe wall occurs. B. Contractor must have performed long-term testing for flexural creep of the CIPP pipe material installed by said company. Such testing results are to be used to determine the long-term, time dependent flexural modulus to be utilized in the product design. This is a performance test of the materials(tube and resin)and general workmanship of the installation and curing. A percentage of the instantaneous flexural modulus value(as measured by ASTM D790 testing) will be used in design calculations for external buckling. The percentage, or the long-term creep retention value utilized, will be verified by this testing. Retention values exceeding 50%of the short-term test results shall not be applied unless substantiated by qualified third party test data to the Engineer's satisfaction. The materials utilized for the contracted project shall be of a quality equal to or better than the materials used in the long-tern test with respect to the initial flexural modulus used in the CIDP design. C. The Enhancement Factor `K' to be used in `Partially Deteriorated' Design conditions shall be assigned a value of 7,no exceptions. D. The layers of the cured CIDP shall be uniformly bonded. It shall not be possible to separate any two layers with a probe. If the layers separate during field sample testing,new samples will be required to be obtained from the installed pipe. Any reoccurrence will serve as grounds for rejection of the work. E. The cured pipe material(CIPP) shall conform to the structural properties, as listed below. Material Strength Standards Property Test Method Low Modulus High Modulus Ultra High Modulus Modulus of ASTM D790 300,000 PSI 400,000 PSI 1,100,000 PSI Elasticity Flexural ASTM D790 4,500 PSI 21,800 PSI Strength Tensile Strength ASTM D638 3,000 PSI F. The required structural CIPP wall thickness shall be based as a minimum, on the physical properties indentified above and in accordance with the design equations in the Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A1 -7 P:1092Wki30 9290-10002\WmdmDraflslSpeu2-Addendum@5-013500-CIPP-addendum-1.dor CURED-IN-PLACE-PIPE Appendix X1, design considerations of ASTM F1216, and the following design parameters: 1. Design Safety Factor=2.0 2. Retention Factor for Long-Term Flexural Modulus— 1% -60% 3. Ovality (calculated per ASTM F1216 X1.1)= 10% 4. Enhancement Factor, K=7 5. Groundwater Depth (above invert of existing pipe)=3-feet 6. Soil Depth(above crown of existing pipe) = 10-feet 7. Soil Modulus= 1,000-psi 8. Soil Density= 120-pcf 9. Live Load=H2O(16,000-lbs) 10. Design Condition=fully deteriorated,no existing pipe strength. G. Layers of the tube that are not saturated with resin shall not be included in the structural CIPP wall thickness computation. 2.3 LINING DESIGN—The minimum CIPP liner thickness for the various sewer diameters shall be calculated in accordance with the methods described herein and submitted to the Engineer for review and approval. 2.4 TESTING REQUIREMENTS A. Chemical Resistance - The CIPP shall meet the chemical resistance requirements of ASTM F1216, Appendix X2. CIPP samples for testing shall be of tube and resin system similar to that proposed for actual construction. It is required that CIPP samples with and without plastic coating meet these chemical-testing requirements. B. CIPP Field Samples - Contractor shall submit test results from field installations in the USA of the same resin system and tube materials as proposed for the actual installation. These test results must verify that the CIPP physical properties specified above have been achieved in previous field applications. Samples for this project shall be made and tested as described below. 2.5 DELIVERY AND STORAGE—Delivery and storage of lining and other materials shall conform to the published requirements of the manufacturer. Contractor is responsible to furnish required storage facilities. Handle lining materials in compliance with manufacture's published recommendations. Damaged material will be unacceptable for installation. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A1 -8 P909290U 34-09290-100021Wa proDrefls�Spe -Mdendum125-013500-CIPPaddendum-ldoc CURED-IN-PLACE-PIPE PART 3 -EXECUTION 3.1 INSTALLATION RESPONSIBILITIES FOR INCIDENTAL ITEMS A. It shall be the responsibility of Contractor to locate and verify the designated manholes are adequately accessible for the work. Where traffic control is required, it shall be the responsibility of Contractor to prepare traffic control plans for the City's review and implement the traffic control devices as approved by the City. Owner shall also provide access to water hydrants for cleaning, installation and other process related work items requiring water at no charge. B. Cleaning of Sewer Lines—Before lining each segment of sewer pipe, Contractor shall remove all internal debris from the sewer line that could interfere with proper installation of the CIDP. It shall be Contractor's responsibility remove and legally dispose of debris removed from the sewers during the cleaning operation. C. Bypassing Sewage—Contractor shall provide for the flow of sewage around the section or sections of pipe designated for repair. Plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole or adjacent system will be considered an acceptable bypass. The pump(s) and bypass line(s) shall be of adequate capacity to accommodate the sewage flow. Contractor shall submit a detail of the bypass plan for Engineer's review prior to starting work on any segment. It shall be Contractor's responsibility to adequately size, install and operate the bypass facilities. Any damage done to partially completed work, resulting from inadequately sized bypass, sewage leakage or any other reason shall be the responsibility of Contractor. Damage to partially constructed facilities shall be removed and reconstructed and no additional compensation will be made. Sewage spills shall be immediately cleaned up by Contractor and all permit and/or regulatory violations and/or fines shall be the sole responsibility of Contractor. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A1 -9 P:109290\13409290-10002\WardproDraft\S r -Addendum\25-013500-CIPP-addendum-1.dom CURED-IN-PLACE-PIPE r Table 013500-1 Estimated Sewage Bypass Flows [11 Atlas Sheet ID DS MH Ave Flow(Dia)121 Clarification This is the average flow between MH 127 and MH 140. This does not include D 10 140 _ 25-GPM(8") the flow that passes-through MH 140 via the separate sewer in Los Rios Street. This is the average flow between MH 141 and MH 120. This does not include 120 2,000-GPM (21") the flow that passes-through MH 120 D 11 via the separate sewer that parallels the railroad. 123 25-GPM(8") This is the average flow between MH 178 and MH 124. D12 113 3,000-GPM(18") This is the average flow between MH 115 and MH 113. E8 133 150-GPM(8") This is the average flow between MH 134 MH 133. 133 (north) 150-GPM(8") This is the average flow coming from the north. E9 133 (south) 25-GPM (8") This is the average flow coming from the south. 134 100-GPM(8") This is the average flow between MH 145 and MH 134. F8 177(G7) 50-GPM(8") This is the average flow between MH 124 and MH 177. 182 100-GPM(8") This is the average flow between MH 127 and MH 182. G7 149 (north) 100-GPM(8") This is the average flow between MH 120 and MH 149. 149 (south) 25-GPM(8") This is the average flow between MH 114 and MH 149. Notes on estimated sewage bypass flows: [1] The flow values indicated above are estimated and provided for bidding purposes only; the actual flows may be more or less. Prior to initiating a sewage bypass, it shall be Contractor's responsibility to determine anticipated flows, plan for flow peaking, include redundant stand-by equipment. [2] The flow values indicated above are "average" flows over a 24-hour period. During dry-weather the peak flows can be estimated by multiplying the tabulated value by a factor of 2. During wet-weather the peak flows can be estimated by multiplying the tabulated value by a factor of 4. [3] In the event that the City determines additional payment is due to Contractor for higher than expected flows,the price bid will be increased proportionally to the net increase in the total project flow. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A1 - 10 P10929 AM.09290-10002\Wo pmDmfls\SpaQ-Addendum@5-013500-CIPP-addendum-1 dx CURED-IN-PLACE-PIPE D. Inspection of Pipelines -Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections using close circuit television (CCTV)inspection techniques. The pipeline interior shall be carefully inspected to determine the location of any conditions that may prevent proper installation of CIDP. These locations shall be noted and corrected. A videotape and suitable written log for each line section shall be produced and submitted to Engineer for review. E. Line Obstructions-It shall be the responsibility of the Contractor to clear the line of obstructions such as solids and roots that will prevent the insertion of CIDP. If pre-installation inspection reveals an obstruction such as a protruding service connection,dropped joint, or a collapse that portion of the pipe shall be repaired by trenchless means and no additional compensation shall be made. F. Public Notification -Contractor shall make every effort to maintain sewer service usage throughout the duration of the project. In the event that a connection will be out of service, the longest period of no service shall be 4 hours. A public notification program shall be implemented, and shall as a minimum,require Contractor to be responsible for contacting each home or business connected to the sanitary sewer and informing them of the work to be conducted,and when the sewer will be off-line. Contractor shall also provide written notice to be delivered to each home or business 24-hours prior to the beginning of work being conducted on the section, and a local telephone number of the Contractor they can call to discuss the project or any potential concerns. G. The Contractor shall be responsible for confirming the locations of all branch service connections prior to installing the CIDP. 3.2 INSTALLATION A. CIDP installation shall be in accordance with ASTM F 1216, Section 7,or ASTM F 1743, Section 6,with the following modifications: 1. Resin Impregnation-The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin during installation through cracks and irregularities in the original pipe wall. 2. If a vacuum impregnation process is used,the point of vacuum shall be no further than 25-feet from the point of initial resin introduction. After vacuum in the tube is established,a vacuum point shall be no further than 75-feet from the leading edge of the resin. The leading edge of the resin slug shall be as near to perpendicular to the longitudinal axis of the tube as possible. A roller system shall be used to uniformly distribute the resin throughout the tube. If the Installer uses an alternate method of resin impregnation,the method must produce the equivalent results. Any alternate resin impregnation method must be documented to the Owner's satisfaction that the saturation of the CIPP is sufficient. 3. Tube Insertion—The wet out tube shall be positioned in the pipeline using either inversion or a pull-in method. If pulled into place, a power winch should be utilized and care should be exercised not to damage the tube as a result of pull-in friction. The tube Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A1 - 11 P109290134-09290-10002\WOr pmOlatls\Spea2-Mde um@5-013500-0IPP-addenduml.doa CURED-IN-PLACE-PIPE should be pulled-in or inverted through an existing manhole or approved access point and fully extend to the next designated manhole or termination point. 4. Temperature gauges shall be placed between the tube and the host pipe's invert position to monitor the temperatures during the cure cycle. 5. Curing shall be accomplished by utilizing hot water,steam or ultraviolet light in accordance with the manufacturer's recommended cure schedule. B. DATA RECORDING — During curing of the liner, the following information shall be recorded with respect to time and submitted to Engineer for review. The computer-based recording system shall be tamper-proof and non-editable to the Owner's satisfaction. As a minimum the following data shall be logged: 1. Date and Time 2. Temperature of water/steam or UV light intensity(wattage). 3. Inner pressure of steam,water or air. 4. Exothermic (curing)temperatures. 5. Length, diameter and thickness of liner. C. POST INSTALLATION VIDEO—Contractor shall provide one copy of the electronic video files on CD, showing the pipe after lining. Video shall be annotated to indicate all restored services. Video shall include the entire length of all CIPP reaches. D. REINSTATEMENT OF BRANCH CONNECTIONS -It is the intent of these specifications that all branch connections and/or service laterals be re-opened without excavation, utilizing a remotely controlled cutting device,monitored by a CCTV. Contractor shall certify a minimum of two complete functional cutters plus key spare components are on the job site before each installation or are in the immediate area of the jobsite and can be quickly obtained. Unless otherwise directed by Owner or its authorized representative,all laterals will be reinstated. No additional payment will be made for excavations for the purpose of reopening connections and the Contractor will be responsible for all costs and liability associated with such excavation and restoration work. Any damages caused to a business,resident or other customer resulting from Contractor's failure to promptly reestablish sewer service shall be the responsibility of Contractor. E. INSPECTION 1. CIDP samples shall be prepared and physical properties tested in accordance with ASTM F1216 or ASTM F1743, Section 8, using either method proposed. The flexural properties must meet or exceed the values listed in Table I of the applicable ASTM. 2. Wall thickness of samples shall be determined as described in paragraph 8.1.6 of ASTM F1743. The minimum wall thickness at any point shall not be less than the minimum design wall thickness identified above. 3. Visual inspection of the CIPP shall be in accordance with ASTM F1743, Section 8.6. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A1 - 12 P:W92MI 30.09290-10002\Wwdp,.Drafls\Spea-MdenduMU5-013500-CIPPaddandu,l.d. a CURED-IN-PLACE-PIPE F. CLEAN-UP- Upon acceptance of the installation work and testing,the Contractor shall restore the project area affected by the operations to a condition at least equal to that existing prior to the work. * END OF SECTION 013500 Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-A1 - 13 P:\09290\134-09290-10002\Wa pmDrefts\Sped-AOdendumV"13W0-CIPP-addendum-1.d= CURED-IN-PLACE-PIPE SECTION 013505-A1—SERVICE LATERAL SEALING SYSTEM(SLSS) PART1 -GENERAL 1.1 INTENT A. It is the intent of this portion of this "top hat"type lateral sealing specification to provide for the rehabilitation of a service lateral connection to a newly rehabilitated sanitary sewer lines,normally without excavation,by the installation of a resin-impregnated fiberglass tube SLSS installed into the existing service lateral utilizing a pressure apparatus positioned in the mainline pipe. Service lateral connections may be a combination of tees or wyes of varying angle up to and beyond 30 degrees. B. The SLSS resin shall be cured by ultra violet light to form the tube into a hard impermeable pipe-within-a-pipe. When cured, the SLSS should extend from the mainline through the first joint of the lateral connection in a continuous tight-fitting, watertight pipe-within-a- pipe to eliminate any visible leakage between the lateral and mainline. SLSS systems shall be compatible with the liner system installed in the main pipe. C. If, within the warranty period,the SLSS seals installed in the sewer system are not acceptable due to leakage or any other defects, although originally accepted, the Contractor shall repair or replace the affected portion at no cost to the City. It is understood that if the Contractor fails to do such work as required, the Contractor shall be responsible for said costs of repair or replacement. 1.2 MANUFACTURER'S EXPERIENCE - The manufacturer of the specific SLSS system to be used must be able to document a minimum of 15,000 successful SLSS installations in the U.S. within the past 5 years. 1.3 INSTALLER EXPERIENCE - The installer must be able to document a minimum of 1,500 successful SLSS installations, of the type to be used on this project, in the U.S. within the past 5 years. PART 2-PRODUCTS 2.1 CHEMICAL RESISTANCE AND COMPATIBILITY A. The finished SLSS product shall be fabricated from materials which when cured will be chemically resistant to withstand internal exposure to domestic sewage. B. All constituent materials will be suitable for service in the environment intended. The final product will not deteriorate, corrode or lose structural strength that will reduce the projected product life. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013505-A1 - 1 P109290\134-09290-1000ZWo pmWafislSpec2-AddendumM-01350"LSS-addenduml.d= SERVICE LATERAL SEALING SYSTEM C. The SLSS product shall be compatible with the lining system utilized in the main sewer line. 2.2 SLSS MATERIALS A. A flexible fiberglass tube shall be fabricated to a size that when installed will nearly fit the internal circumference of the conduit specified by the City. Allowance shall be made for circumferential stretching during insertion. B. The minimum length shall be that deemed necessary by the installer to effectively scan the distance from the lateral connection at the main to the desired termination location in the service lateral pipe. The minimum length of the SLSS connection shall not be less than 4 inches and the maximum length of the SLSS shall not exceed 8 inches. C. Unless otherwise specified,the installer shall furnish a specially designed, unsaturated polyester or vinyl ester resin, and catalyst system compatible with the SLSS ultra violet light cure process that provides cured physical strengths specified herein. 2.3 PHYSICAL PROPERTIES A. The structural performance of the finished pipe must be adequate to accommodate all anticipated loads throughout its design life. B. Design methods are to be derived from traditionally accepted pipe formula for various loading parameters and modes of failure. All equations will be modified to include ovality as a design parameter. The design method shall be submitted to the Engineer for approval prior to the pre- construction conference. C. The cured SLSS shall conform to the minimum structural standards as listed below: Final SLSS ASTM Standard Results Flexural Stress ASTM 0790 4,500 psi Flexural Modulus of Elasticity ASTM 0790 250,000 psi PART 3 -EXECUTION 3.1 INSTALLATION SLSS INSTALLATION A. Resin Impregnation 1 The resin impregnated tube shall be loaded inside a pressure apparatus. The pressure apparatus, attached to a robotic device, shall be positioned in the mainline pipe at the service connection. The robotic device, together with a television camera will be used to align the SLSS repair with the service connection opening. Air pressure, supplied to the pressure apparatus through an air hose, shall be used to invert the resin impregnated SLSS into the lateral pipe. The inversion pressure will be adjusted to fully invert the SLSS into Hydraulic Capacity Project#1 —Sewer Rehabilitation 013505-A1 -2 P909290\134-09290100021WordproDmftslSp a-Mdendum125-013505-SLSS-addendum-1.do SERVICE LATERAL SEALING SYSTEM the lateral pipe and hold the tube tight to the pipe wall. Care shall be taken during the curing process so as not to over-stress the tube. 2 The pressure apparatus shall include a bladder which will inflate in the mainline pipe, effectively sealing the SLSS repair against the service connection. 13. Curing 1 After inversion is completed, pressure shall be maintained on the impregnated tube for the duration of the curing process. An ultraviolet (UV) light cured resin system or Engineer approved equivalent shall be used. 2 The initial cure shall be deemed to be completed when the SLSS has been exposed to the UV light or held in place for the time period specified by the manufacturer. C. Cool-down 1 The Installer shall cool the hardened SLSS before relieving the pressure in the pressure apparatus. Cool-down may be accomplished by the introduction of cool air into the pressure apparatus. 2 The specified pressure shall remain throughout the cure and cool-down period. D. Finish I The finished SLSS shall be free of dry spots, lifts and delamination. The lateral SLSS shall not inhibit the closed circuit television post video inspection of the mainline or service lateral pipes. Frayed ends of the SLSS shall be repaired prior to acceptance. 2 During the warranty period, any defects which will affect the integrity of strength of the SLSS shall be repaired at the CONTRACTOR'S expense in a manner acceptable to the City. 3 After work is completed, Contractor shall provide the City with a video tape showing the completed work including the restored conditions. 3.2 CLEAN-UP A, Upon acceptance of the work, the Contractor shall immediately resume affected services. *END OF SECTION Hydraulic Capacity Project#1 —Sewer Rehabilitation 013505-A1 -3 P:\09290\134-09290-10002\Wo pmOrafts\Speu2-Addendum\25-013506SLSS-addendum1 dmx SERVICE LATERAL SEALING SYSTEM SECTION 013600-A1—MANHOLE REHABILITATION PART1 -GENERAL 1.1 SUMMARY A. This specification defines the method and material for the rehabilitation of sanitary sewer manholes, utilizing a spray applied calcium aluminate cementitious structural rehabilitation system. The purpose of this project is to obtain a dense and durable concrete lining that is resistant to biosulfuric acid attack and meets the strength requirements described elsewhere in this specification. The work covered in this specification consists of furnishing all labor, equipment, materials, and supervision necessary to accomplish the rehabilitation as specified. When complete the rehabilitated structure shall: 1. Provide for a uniformly smooth surface of specified thickness. 2. Eliminate sources of inflow/infiltration(1/I). 3. Provide a service life that is supported by documented test analysis. B. IDENTIFICATION OF MANHOLES TO BE REHABILITATED "ORTEGA NORTH" Nominal Nominal MH MH Location/Description Sewer Diam. Diam. (in) (in.) 120 Ortega Highway 8 48 149 Ortega Highway 8 48 119 Ortega Highway @ Ave Siega 8 48 114 Ortega Highway 8 48 127 Ortega Highway @ Ave Toyon 8 48 116 Ortega Highway 8 48 179 Ortega Highway 8 48 184 Ortega Highway 8 48 177 Ortega Highway 8 48 125 Ortega Highway @ Via Cordova 8 48 124 Ortega Highway 8 48 182 Ortega Highway 8 48 181 Ortega Highway 8 48 177 Ortega Highway 8 48 "ORTEGA NORTH"TOTAL QUANTITY MANHOLES : 14 Hydraulic Capacity Project#1 —Sewer Modifications 013600-A1 - 1 P.\09290\134-00290-100021WoNpmDrzNs\Spec2-Addendum@2 -013600 MH Coatings dmx MANHOLE REHABILITATION "ORTEGASOUTH" 145 Ortega Highway 8 48 143 Ortega Highway 8 48 137 Ortega Highway 8 48 136 Ortega Highway 8 48 135 Ortega Highway 8 48 134 Ortega Highway 8 48 180 Ortega Highway 8 48 160 Ortega Highway 8 48 137 Ortega Highway 8 48 133 Ortega Highway 8 48 143 Ortega Highway 8 48 138 Ortega Highway 8 48 142 Ortega Highway 8 48 "ORTEGA SOUTH"TOTAL QUANTITY MANHOLES: 13 "VERDUGO"AREA 127 Right of Way 8 48 128 Right of Way 8 48 120 Verdugo St 8 48 139 Los Rios St 8 48 140 Los Rios St 8 48 "VERDUGO"TOTAL QUANTITY MANHOLES: 5 Hydraulic Capacity Project#1 —Sewer Modifications 013600-A1 -2 P'.1092M013409290-10002%Wa proDmfts\SpeQ-Addendum@5-013600 MHCos4ngs.dov MANHOLE REHABILITATION "LA PALOMA"AREA 141 Easement 21 48 184 La Paloma 21 48 126 La Paloma 21 48 127 Camino Capistrano 18 48 133 Easement 18 48 118 ATSF RR Crossing 18 48 117 Miguelita Road 18 48 178 Alley 8 48 129 Alley 8 48 132 Alley 8 48 122 Alley 8 48 125 Alley 8 48 124 Allley 8 48 "LA PALOMA"TOTAL QUANTITY MANHOLES: 13 "DESCANSO PARK"AREA 113 South of Dance Hall 18 48 114 South Edge of GW Treatment Plant 18 48 115 South Edge of GW Treatment Plant 18 48 "DESCANSO PARK"TOTAL QUANTITY MANHOLES: 3 1.2 SEQUENCE OF WORK A. The Contractor's sequence of operation relative to structural rehabilitation shall include, but not be limited to the following: 1. Remove and dispose of existing ladders and/or steps. 2. Eliminate all sources of groundwater infiltration and voids in walls. Hydraulic Capacity Project#1 —Sewer Modifications 013600-A1 - 3 P:109290\134-0929040002\WordproDmfts\Spbc2-Addondum\25-013600 MH Co fings.d. MANHOLE REHABILITATION 3. Provide a clean, rough sub-surface sufficiently prepared in accordance with the International Concrete Repair Institute (ICRI) Guideline No. 03732 — Selecting and Specking Concrete Surface Preparation for Sealers, Coatings, and Polymer Overlays to a degree further defined in Part 3 of these specifications. 4. Rehabilitate all interior surfaces including walls, ceilings,benches and channels. 5. Application of curing compound to all repaired surfaces. 6. Third party testing of lining and other structural rehabilitation materials. 1.3 SUBMITTALS A. Contractor shall furnish detailed and complete data pertaining to the surfaces of the structure to be rehabilitated, the rehabilitation product, surface preparation and installation, including curing compound. B. Prior to initiating the Work, Contractor shall inspect the specific manhole, and then submit specific technical data with complete physical properties of the structure to be rehabilitated and the proposed product for the rehabilitation of the structure, as well as a specific plan for sub- surface preparation. C. Work plan indicating not only the order of manholes to be repaired, but also the proposed sequence of activities for each manhole. D. Safety plan. It is the contractor's responsibility to comply with OSHA standards and all regulations pertaining to the work including confined space entry. Contractor shall provide the necessary training and take the necessary measures to provide a safe working environment for workers as well as the public. E. Manufacturer's ISO 9001 certificate and supporting documentation. F. Certified test reports and certificates. 1.4 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other technical specifications as they apply to this Section. B. ASTM C 109—Standard Test Method for Compressive Strength of hydraulic Cement Mortars C. ASTM C293 —Standard Test Method for Flexural Strength of Concrete D. ASTM C321 —Standard Test Method for Bond Strength of Chemical-Grout Mortars E. ASTM C496—Standard Test Method for Splitting Tensile Strength F. ASTM C596 — Standard Test Method for Drying Shrinkage of Mortar Containing Hydraulic Cement G. ASTM C597B—Standard Test Method for Pulse Velocity Through Concrete H. ASTM C666—Standard Test Method for Resistance of Concrete Rapid Freezing Hydraulic Capacity Project#1 —Sewer Modifications 013600-A1 -4 P'.\09290\13409290-10002\WordproDrefts\$pec2-Addendum\25-013$00 MH Cmfings.do" MANHOLE REHABILITATION 1. ASTM C882—Standard Test Method for Bond Strength of Epoxy-Resin Systems J. ACI RAP-3—Spall Repair by low Pressure Spraying K. ACI 546R(Chapter 2) -Concrete Surface Repair Using Mortar 1.5 SUMMARY A. Section Includes: 1. Prepackaged Mortar Mix Properties 2. Sampling and Testing Requirements 3. Qualifications of Work Crew 4. Surface Preparation and Mortar Application Procedures 5. Infiltration Remediation 6. Curing PART 2 -PRODUCTS 2.1 MATERIALS A. Lining material furnished under this specification shall be a prepackaged mortar mix, including all cement, aggregates, and any required additives. It is the intent of this specification that the Contractor only be required to add the proper amount of potable water so as to produce concrete suitable for spray application. Under no circumstances, shall Contractor add Portland cement, other aggregates, or any admixtures whatsoever to the pre-packaged lining material. Typical package weights shall not be less than 50 lbs and shall be identical for all material furnished on this project. B. The chemical composition of the cement portion as well as the aggregates of the mortar mix shall be as follows: Al2O3 CaO FeO+Fe2O3 SiO2 39-44% 35-39% 9-14% 5-7% C. The properties of the mortar mix shall meet the following: Compressive Strength per ASTM C 109 >5500 PSI 24 Hours after mixin Hydraulic Capacity Project#1 —Sewer Modifications 013600-A1 - 5 P:1092901134-09290-10002\WOMproDrehs�.Spec -Addendum125 lmo0 MH Coabngs do MANHOLE REHABILITATION Flexural Strength per ASTM C293 >1200 PSI 24 Hours after mixing Splitting Tensile Strength per ASTM C496 >800 PSI 24 Hours after mixing Slant Shear Test per ASTM C882 >1200 PSI 24 Hours after mixing Shrinkage at 28 Das per ASTM C596 1 X0.08%cured @ 90%Relative Humidi Freeze/Thaw after 300 Cycles per ASTM C666 I No visible damage D. The mortar mix shall be either "SewperCoat PG" as manufactured by Kemeos Inc. — Chesapeake,Virginia or an equivalent substitute approved by Engineer. E. Mortar mix must have at least ten (10) years of successful performance in similar applications and be supplied by an ISO 9001 certified manufacturer. F. In addition, the mortar mix shall be designed to withstand long-term exposure to a bacterially corrosive hydrogen sulfide environment that may be expected to produce a pH of 1 on normal Portland cement based concrete or typical brick and mortar surfaces. G. Water used in mixing shall be fresh, clean, potable water, free from injurious amounts of oil, acid, alkali, vegetable, sewage and/or organic matter. Water shall be considered as weighing 8.32 pounds per gallon. H. Mortar mix shall be stored with adequate provisions for the prevention of absorption of moisture. It shall be stored in a manner that will permit easy access for inspection and identification of each shipment. PART 3 -EXECUTION 3.1 SAMPLING AND TESTING A. A recognized independent testing laboratory shall test mortar materials used on the project. B. The cost of sampling and testing of the mortar mix during placement and the surface to which it is applied shall be bom by the Contractor. Other testing required showing conformance with these specifications shall also be the responsibility of the Contractor. C. Any materials failing to meet the requirements of these specifications shall not be incorporated into the Work. If the materials have already been installed when it is determined that they don't meet these specifications, then the subject materials shall be removed and the work repeated with materials that meet the specifications. 3.2 QUALIFICATIONS OF THE WORK CREW A. The lining material Manufacturer shall maintain a listing of competent contractors that have demonstrated requisite skill and training to be qualified applicators of their materials. Hydraulic Capacity Project#1 —Sewer Modifications 013600-A1 - 6 P.�09290\134-0929010002\WordpmDraft�SpeQ-Addenduml 5-013600 MH CoeYn9s.d= MANHOLE REHABILITATION B. Prior to project commencement, Contractor must verify that all Contractor's work crew personnel have performed satisfactory work in similar capacities elsewhere for a sufficient period of time to be fully qualified to properly perform the work in accordance with the requirements of the related specifications. C. Foreman shall have at least 4 years experience with similar work and project conditions. D. Nozzlemen shall be qualified by having had similar work experience. E. Work Crew responsibilities prior to application of lining material shall include the following: 1. Surface preparation as discussed in section 4.1. 2. Ensure the operating air pressure is uniform and provides adequate nozzle velocity for proper compaction. 3. Continuously regulate the water content so that the applied materials consistently achieve proper compaction with a low percentage of rebound and no visible"sag". 4. Ensure that the installation equipment nozzle is held at the proper distance away from and as nearly perpendicular to the prepared sub-surface as the working conditions will permit to secure maximum material compaction with minimum rebound and no visible"sag". 5. Follow a sequence routine that will fill comers with adequately compacted material applied at a maximum practicable layer thickness. 6. Determine necessary operating procedures for placement in confined spaces, extended distances or around unusual obstructions where placement velocities and mix consistency may need to be adjusted. 7. Direct the crew as to when to start and stop the flow of materials during installation and to immediately stop all work when material is not arriving uniformly at the nozzle. 8. Ensure that slough pockets are removed and prepared for installation of replacement material. 9. Bring the installed materials to established finished elevations in a neat and timely manner and within established tolerances. F. Applicator's job foreman shall operate the mixing/placing equipment and direct the work of mixing crew personnel. Applicator's work crew shall also maintain proper line pressures throughout the mixing/placing equipment to ensure the necessary consistent nozzle velocity. Applicator's work crew shall further see that all material fed to the nozzle is uniformly fed through this equipment. Hydraulic Capacity Project#1 —Sewer Modifications 013600-A1 -7 P:\09290\134-09290-10002\Wa proDrafls\Sp a-Mdandum125-013600 MH Coagngs.do MANHOLE REHABILITATION 3.3 EQUIPMENT - Equipment shall be of spray type and approved by the material manufacturer. Alternate equipment may be utilized provided it meets the performance requirements of the specification. All equipment must be in good condition and fully functional. 3.4 SURFACE PREPARATION A. Sub-surfaces shall be cleaned and made free of laitance, loose material, residue and all existing coating and lining materials. Surface preparation shall meet the requirements of ACI RAP-3 "Spall Repair by Low Pressure Spraying"and ACI 546R"Concrete Repair Guide",chapter 2. B. Sub-surfaces shall be thoroughly saturated with water prior to the application of the lining materials. In no instance shall shotcrete be applied in an area where running water exists. It is the intent of this specification that the existing surface be saturated but free of any running water just prior to installation, otherwise known as "saturated surface dry condition'(SSD). To achieve this condition it may be necessary to presoak the sub-surface for a at least 24 hours. 3.5 OPERATIONS A. The Contractor shall provide all equipment necessary to individually gauge, control, and monitor the actual amounts of all component materials necessary to complete the lining installation. The type of equipment and methods used to gauge, control, and monitor component materials shall be subject to approval by the Engineer. B. All lining materials shall be thoroughly mixed by mechanical means to ensure all agglomerated particles are reduced to original size or removed prior to placement into the application equipment (i.e. the hopper). Each batch of material should be entirely discharged before recharging with fresh material. Mixing equipment shall be cleaned at regular intervals to remove all adherent materials. C. The addition of water to the mix shall be in strict accordance with the Manufacturer's recommendations,measured and documented. D. Re-mixing or tempering shall not be permitted. Rebound materials shall not be reused. 3.6 PROTECTION OF ADJACENT SURFACES - During progress of the work, adjacent areas or grounds which may be discolored, stained or otherwise damaged by dust and rebound material, shall be adequately protected. If spills or overspray to occur, the area shall be cleaned by early scraping,brushing or washing. 3.7 INFILTRATION REMEDIATION A. If infiltration is observed within the structure after surface preparation is complete, a rapid setting crystalline enhanced hydraulic cement product specifically formulated for infiltration control shall be used to stop minor infiltration flows in accordance with the manufacturer's recommendations. The material shall meet the following strength requirements: Hydraulic Capacity Project#1 —Sewer Modifications 013600-A1 -8 P W929W 3434 9290-1002�wompmOra e'spec2-AddendumQ5-oiasooMHC"fings.du MANHOLE REHABILITATION Compressive Strength per ASTM 600-PSI 24-Hours C597B 1,000-PSI 7-Days 30-PSI 1-Hour Bond Strength per ASTM C321 80-PSI 24-Hours B. For minor infiltration occurs; approved hydraulic cement materials are Preco Plug, Octocrete, Burke Plug or Engineer approved equal. C. Where infiltration flows are more severe, pressure grouting shall be required. The material for pressure grouting shall be Avanti A-220, DeNeef or Engineer approved equal installed in accordance with the manufacturer's published instructions. D. All materials, labor, equipment,and incidentals required to correct infiltration conditions will be considered incidental to rehabilitation and no additional compensation will be made. 3.8 APPLICATION OF MATERIALS A. Lining material shall not be applied to a frozen surface or to a surface that may freeze within 24 hours of application. Frozen conditions shall be defined as ambient temperatures of 32 degrees Fahrenheit or below. B. Sequence of application may be from bottom to top or vice versa and rebound shall be properly removed. C. Application shall be from an angle as nearly perpendicular to the surface as practicable, with the nozzle held at least 1 foot from the working sub-surface (except in confined control). If the flow of material at the nozzle is not uniform and slugs, sand spots, or wet sloughs result, the nozzleman shall direct the nozzle away from the work until the faulty conditions are corrected. Such defects shall be removed and replaced as the work progresses, D. Application shall be suspended if. 1. Air velocity separates the cement from the aggregate at the nozzle. 2. Ambient temperature approaches freezing and the newly placed lining cannot be protected and insulated. E. The time interval between successive layers of material application must be sufficient to allow "tackiness"to develop but not final set. If final set does occur, this surface shall be prepared as in the case of initial application, which is described above. F. Construction joints within a manhole shall be avoided. In the event a construction joint is necessary and approved by the Engineer, it shall be sloped off to a thin, clean, regular edge, at a 45-degree angle. Prior to placement of the adjoining materials, the sloped portion and adjacent Hydraulic Capacity Project#1 —Sewer Modifications 013600-A1 -9 P909290\13y09290-10002\WorepmDmfts15p -MdendumX25-013600 MH Coetlngs.dom MANHOLE REHABILITATION applied material shall be thoroughly cleaned as necessary, then moistened and scoured with an air jet. G. The nozzleman shall bring the material to an even plane and to well-formed comers. H. After the body coat has been placed, the surface shall be trued with a thin-edge screed to remove high areas and expose low areas. Low areas shall be properly filled with additional material to insure a true, flat surface. 1. The minimum thickness of concrete lining shall be a '/2-inch cover over all surfaces. 3.9 CURING A. Once the material has been applied and furnished in accordance to the specifications, a curing compound shall be applied to all surfaces. Curing compound shall meet the requirements of ASTM C309 and shall be approval by the Engineer prior to use. 13. Moist curing may also be used in lieu of curing compound. If moist curing is selected, it should be implemented just after the notice of uniform heat generation of the installed lining. Moist curing can consist of the use of soaker hoses, water sprinklers, or vapor/misting machines. Regardless of delivery method, moist curing shall continue for a minimum of 18 hours. * END OF SECTION 013600 Hydraulic Capacity Project#1 —Sewer Modifications 013600-A1 - 10 P:\09290\130-09290-100021WoNpmDmftZ art-Addendum@5-013600 MH Coatings.doa MANHOLE REHABILITATION CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA J � t9vt SPECIFICATIONS AND CONTRACT DOCUMENTS Hydraulic Capacity Project #1 Sewer Rehabilitation (CIP 7706) Members of the City Council DR. LONDRES USO, MAYOR LAURA FREESE SAM ALLEVATO THOMAS HRIBAR MARK NIELSEN CITY MANAGER JOE TAIT PUBLIC WORKS DIRECTOR NASSER ABBASZADEH March 9,2010 Hydraulic Capacity Project#1 —Sewer Rehabilitation Attachment 1 3/16/2010 P.\09290\130.09290-10002\Wprd,,ODrafta Sped\O1 Cov .Jocx D6 Hydraulic Capacity Project 01 Sewer Rehabilitation (CIP 7706) The Specifications contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: Engineer of Record: Neil Barnsdale, P.E. Tetra Tech Civil Engineer C 53077 Approved by: Joseph E. Tait Utilities Director City of San Juan Capistrano Hydraulic Capacity Project#1 —Sewer Rehabilitation SIGNATURE PAGE P:\09290\184 9290-10002\Wordpmo afLs Spec1\02 Signature Pagei NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIFICATIONS TABLE OF CONTENTS PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information 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 DIVISION 01 — GENERAL REQUIREMENTS 010000 - GENERAL REQUIREMENTS DIVISION2—EXISTING CONDITIONS—NOT USED DIVISION 3—CONCRETE—NOT USED DIVISION 4—MASONRY—NOT USED DIVISION 5—METAL S—NOT USED DIVISION 6— WOOD AND PLASTICS—NOT USED DIVISION 7— THERMAL AND MOISTURE PROTECTION—NOT USED DIVISION 8—OPENINGS—NOT USED DIVISION 9—FINISHES—NOT USED Hydraulic Capacity Project#1 —Trenchless Sewer Rehabilitation TABLE OF CONTENTS P:\09290\is -09290-10002�wpmpr.Drefls\sppp1\051oae0c. TOC- 1 DIVISION 10—SPECIALTIES—NOT USED DIVISION 11—EQUIPMENT—NOT USED DIVISION 12—FURNISHINGS—NOT USED DIVISION 13 - SPECIAL CONSTRUCTION 13500 - CURED-IN-PLACE-PIPE 13600 - MANHOLE REHABILITATION DIVISION 14—CONVEYING EQUIPMENT—NOT USED DIVISION 21—FIRE SUPPRESSION—NOT USED DIVISION 22—PL UMB/NG—NOT USED DIVISION 23—HVAC—NOT USED DIVISION 26—ELECTRICAL—NOT USED DIVISION 27—COMMUNICATIONS—NOT USED DIVISION 28—ELECTRONIC SAFETYAND SECURITY—NOT USED DIVISION 31—EARTHWORK—NOT USED DI VISION 32—EXTERIOR IMPROVEMENTS—NOT USED D/VISION 33—UTIL/TIES—NOT USED Hydraulic Capacity Project#1 —Trenchless Sewer Rehabilitation TABLE OF CONTENTS Pi0929W3 09290-10002Ww dproDmft\spernos TOC.doo. TOC-2 CITY OF SAN JUAN CAPISTRANO HYDRAULIC CAPACITY PROJECT #1 SEWER REHABILITATION CIP NO. 7706 PART I - 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 x x x x x Hydraulic Capacity Project#1 —Trenchless Sewer Rehabilitation PART I P:\09290\134-09290-10002\W.Ido,pDrafts\Sped\04 Pan I ContenMdou CITY OF SAN JUAN CAPISTRANO NOTICE INVITING BIDS FOR CONSTRUCTING HYDRAULIC CAPACITY PROJECT #1 SEWER REHABILITATION CIP NO. 7706 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the construction of this project will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2:00 PM on April 15, 2010 at which time they will be opened and read aloud in Council Chambers of the City of San Juan Capistrano. N-2 DESCRIPTION OF THE WORK: The Work to be done by the Contractor under these Specifications shall consist of performing all operations necessary for the construction of cured-in-place-pipe at the specified locations, in accordance with Contract Documents. The Work also includes manhole repairs at the specified locations, in accordance with Contract Documents. Contractor shall furnish all transportation, materials, equipment, labor, and supplies to complete construction of the specified work, together with all appurtenant work necessary or incidental, to complete in a workmanlike manner, the improvements as described and as intended by the Contract Documents. N-3 LOCATION OF THE WORK: The project site is located within the City of San Juan Capistrano, in public rights-of-way and easements, as specified. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 60 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 this 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. Hydraulic Capacity Project#1 —Sewer Rehabilitation NOTICE INVITING BIDS P109290\134-09290-10002\WordproDr M\Spect\05 NIB.docx NIB-1 N-8 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class "A" 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 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 site and existing facilities which will be conducted by the City at 9:00 AM on March 31, 2010. Any Bidder who fails to attend the prebid site visit accepts full responsibility for acceptance of all site conditions that would have been evident had a site inspection been made. N-12 EXISTING GEOTECHNICAL REPORT: Since excavations are not anticipated as a part of this project, a site-specific subsurface investigation was not conducted. N-13 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the City of San Juan Capistrano Utilities Department, located at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. (b) Complete sets of said Contract Documents may be purchased for $25 dollars per set and can be obtainable from the City Clerk, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. No refund will be made for any reason. (c) An additional fee of$15 will be charged for sets of documents sent by mail. N-14 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 HCP#1 Sewer Rehabilitation" followed by the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be Hydraulic Capacity Project#1 —Sewer Rehabilitation NOTICE INVITING BIDS P109290\130.09290-10002\WoraproDraXs\Spec1\05 NIB.Oocx NIB-2 enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF SAN JUAN CAPISTRANO Date CITY OF SAN JUAN CAPISTRANO By Maria Morris Clerk of the Board Hydraulic Capacity Project#1 —Sewer Rehabilitation NOTICE INVITING BIDS P\09290\134-09290-10002\WordproDrafls\Specs\05 NIB.docx NIB-3 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, Hydraulic Capacity Project#1 —Sewer Rehabilitation INSTRUCTIONS TO BIDDERS P:\09290\130-09290-10002\WordproDrafis\Spec1\06 lnsrucbons.aocx I- 1 and underground utilities)at or contiguous to the site or otherwise which may affect cost, progress,or performance 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. (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; that without 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 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 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 not be removed from the bound volume. 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 Hydraulic Capacity Project#1 —Sewer Rehabilitation INSTRUCTIONS TO BIDDERS P.\09290\134-09290-10002\WO,dproDrafls\Sped\O6 i nstruchons.docx 1-2 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. 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 et 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 for according 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 its 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 interlineations,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(rev 1998). 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. Hydraulic Capacity Project#1 —Sewer Rehabilitation INSTRUCTIONS TO BIDDERS P:\09290\134-09290.10002\WordproDrafls\Sped\06$nstrucbonsdocx 1 -3 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 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* Hydraulic Capacity Project#1 —Sewer Rehabilitation INSTRUCTIONS TO BIDDERS P:\09290\130.09290-10002\WordproDl f(e Spec1\06 InsVucbons.do i -4 BID DOCUMENTS 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 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. Hydraulic Capacity Project#1 —Sewer Rehabilitation COVER SHEET P�09290\lNn92so-i000z\wordPmorans�pec+\o7Bid cover.mox BID FORMS This is EXHIBIT A,consisting of one page, referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR PROPOSAL 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: HYDRAULIC CAPACITY PROJECT#1—SEWER REHABILITATION CIP NO. 7706 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. Bidder will 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 workers 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: Hydraulic Capacity Project#1 —Sewer Rehabilitation PROPOSAL PAGE 1 P:�09290\1 9-9290-10002\wordpmDrar�\Specl�08 Bd.doc BID FORMS This is EXHIBIT B,consisting of one page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR. BID SCHEDULE HYDRAULIC CAPACITY PROJECT #1 — SEWER REHABILITATION CIP NO. 7706 ID Description Estimated Unit Unit Price Extended Quantic Price 1 Mobilization and Preparatory Work 1 LS Cannot exceed 5%of bid items 2-7 2 Temporary Sewer Bypass 1 LS 3 Cured-In-Place-Pipe 21" 730 LF 4 Cured-In-Place-Pipe 18" 1,363 LF 5 Cured-In Place-Pipe 8" 8,322 LF 6 Manhole Rehabilitation 53 EA 7 Traffic Control, Public Convenience and Safety 1 LS TOTAL: Name of Bidder or Firm Hydraulic Capacity Project#1 —Sewer Rehabilitation UNIT PRICE BID SCHEDULE P ScWe a ,dmc BID FORMS INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100,at seq.,of the Public Contract Code,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 Contractor's Total Bid Price,and shall also list 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 listing of more than one subcontractor for each item of Work to be performed with the words"and/or'will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. ID Work to Be PerformedLicense Number Subcontractor Name and Address 1 2 3 4 5 6 7 Hydraulic Capacity Project#1 —Sewer Rehabilitation LIST OF SUBCONTRACTORS a:wersw�aaoexso-�aooz�wompooreflssceoi�w usr e sjes.dax BID FORMS NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) I, 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 Hydraulic Capacity Project#1 —Sewer Rehabilitation NON-COLLUSION AFFIDAVIT P\09290\13a-09290-10002\WordproDra(ts\Spec1F11 Non Collusion.docx BID FORMS 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: HYDRAULIC CAPACITY PROJECT#1 —SEWER REHABILITATION CIP NO. 7706 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) Hydraulic Capacity Project#1 —Sewer Rehabilitation BID BOND(BID SECURITY FORM) P.\0929OU34-09290-10002�WomproDrans�specrt2adBond.docx BID FORMS 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: Hydraulic Capacity Project#1 —Sewer Rehabilitation BIDDERS GENERAL INFORMATION Po09290F13 09290-10002\wordproDrafis�9pecl�13Bidder Generalmfodocx BID FORMS 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 O Contract amount Project (,) 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 O Date completed IR 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 OR contract services 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. Hydraulic Capacity Project#1 —Sewer Rehabilitation BIDDERS GENERAL INFORMATION P\092901 34-09290-10002rWorapmDrans\speci\l 3 adder General mro.aocx BID FORMS 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 Hydraulic Capacity Project#1 —Sewer Rehabilitation WORKERS COMPENSATION CERTIFICATE P:�oersov3anszso-i000zkwordprooraft\spem\is workers Dow.dxx AGREEMENT AND BONDS 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: HYDRAULIC CAPACITY PROJECT#1 —SEWER REHABILITATION CIP NO. 7706 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 By Title Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Hydraulic Capacity Project#1 —Sewer Rehabilitation PERFORMANCE BOND P909290\18 09290-10002\WordproDrafis\Spec1N6 Pertormance B nd.doc AGREEMENT AND BONDS 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: HYDRAULIC CAPACITY PROJECT#1 —SEWER REHABILITATION CIP NO. 7706 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other 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 therefore, 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 attorney's 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 under the 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) Hydraulic Capacity Project#1 —Sewer Rehabilitation PAYMENT BOND awersovaa-oersai000z�w«aaoo�a �si��zaay�»nte«,oaoc. AGREEMENT AND BONDS CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNER/AGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAML AND ADDRLS4 01 LvsuRLO INSURANCE COMPANIES AFFORDING COVERAGE u>Mvasx A B C D 'IYK of WORK PFNFUPMGD AND LOC ITOY POLICI LIMITS OF LLAHILYCY IS THOUSANDS(000, TIPE OF INSURANCE POL10 NUMBER EXPIRATION DATE. FA(JH (1l1CURRHN(CE AGGRF(,ATE COMPREHENSIVE GENERAL LIABILITI' xunln INlow Indudiny++: > I ❑ I,vwvu.N lNn I lLIIPII ,aanv nTx u,w„a s c ❑ Li\lV 0.i.11(,li V1,1,i1M.,,.I ne ❑ ruunnr,,alF,vl In a ori Ionone ❑ txl �Il�l'Nl�l'1Pll NIM,111ALIVCI'R.Wt� I,i\AL4:1 11,,.1111\`LIl ❑ NN(,.\I,KAM VIU IYI'P'Il'niUlxc.l 5 S ❑ IN,VIN 111I.NI FlIRt VLR41\AL INll 0.1 S COMPREHENSIVEAUTOMOBILE �.ir.I i�ri xa��� LIAR(LUY 5 mdoJine: ❑ n,ylU Ian m,lm�r q ❑ IIIRI�, I'11111Rf1 1,1F 11L s ❑ N11101,Vhn ❑ NI(1n1,11F1111,l1,f w,)lll'ry rel AN'1,1'HI)II 111 uamnc,nm,enln S EXCESS LIABILITY Iu1mu Lulox, Indu,ling_ n.1°i.Msi1Io ElIMVIA»'FIt'S LI\I,ILIII 5 WORXEE'S COMPENSATION IF 11o11111 and EMPLOYER'SLIARILITY Indudlny II S ,I1ul au ml_a, I,lew,9 vul,xlxl OTTER ADDITIONAL INSURED ENDORSEMENT—CITY OF SANJUAN CAPISTRANO The,nWeoignc i aad(v.,hu, 1,-,h,u d,e rep,exnmMe„f d l vfx,vcr,am.d inw,a,ce aun......,ha,he-.M hxs,Ee outlwd„,o exmm xnd ns,w,h,,""BA"w fll"I B Ul,and e��dluGle.drre,h(+ehc mnlR on hrhol(nlnaid nuurunce c„mpuni..,hi,"'Ih..ev nlr(m uwo-1 m she inured numeJ vfmve anJ erc m fn�r.al,hn dme N,nx i,hnanding myntr...... ", r,dl—iof nnlconuna l e% dncomenl xlie,L�+penoxhkh,hu,xmlicmed F,RI(cuedrnmel ldur,,.the i,,—t uR,deJ by the pnLcie,de ailed heroin i,whiny Io�,the mrm,.exdoenos,anJ mndid.,ro a(rud,Polkiu, Cnpio ni,he pnle,a sin.n aAl he[orni.hed m,hc Cenlfiwm ilnlder nMn cryue, T6n(,,l fiat,d-,n.n amend,e„enJ.w AF,,R,eoamye Amded h,Ill,polkla,1,,,,d cdn.dlom,m Shnnld h,,a1,—de cdbed PoM,,Ix wncdleJ Eelorc,he x,pim,ion dme,hercol;,hc IpumG mmpan,will mal8n dxcn nnncn nnucc in R,Ix lmo-oan,edunl&art'Imldee NAME AND ADDRESS OF ADDITIONAL INSURED DATE.ISSUED Hydraulic Capacity Project#1 —Sewer Rehabilitation CERTIFICATE OF INSURANCE P:(092e0v34n9290-10002lWovlproDmfL Speclv9 Gen or Insurance REV,docx AGREEMENT AND BONDS 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: 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 Maria Morris Clerk of the Board Hydraulic Capacity Project#1 —Sewer Rehabilitation INSURANCE ENDORSEMENT—AUTO Pa09290v34-09290-10002�Wordpmorape\Speclv9 Endorsemntdoc• AGREEMENT AND BONDS 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 Maria Morris Clerk of the Board (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 ll) 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. Hydraulic Capacity Project#1 —Sewer Rehabilitation INSURANCE ENDORSEMENT—LIABILITY PwM2so\1344m250-i000ZwomprowattsSpect0o Endorsement comm den uab.aoc. AGREEMENT AND BONDS CITY OF SAN JUAN CAPISTRANO PART II - CONDITIONS OF THE CONTRACT General Conditions of the Contract Supplementary General Conditions Hydraulic Capacity Project#1 —Sewer Rehabilitation CONDITIONS OF THE CONTRACT P.\09290naa09290-10002\wordproorans�speClQ1 Pan u-conddfons.docx GENERAL CONDITIONS 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; REFERENCEPOINTS..................................................................................................... 12 4.01 Availability of Lands......................................................................................................... 12 4.02 Subsurface and Physical Conditions............................................................................... 12 4.03 Differing Subsurface or Physical Conditions.................................................................... 13 4.04 Underground Facilities..................................................................................................... 13 4.05 Reference Points.............................................................................................................. 14 4.06 Hazardous Environmental Condition at Site.................................................................... 14 ARTICLE 5- BONDS AND INSURANCE.................................................................................................. 16 5.01 Licensed Sureties and Insurers ...................................................................................... 16 5.02 Certificates of Insurance.................................................................................................. 16 5.03 CONTRACTOR's Liability Insurance............................................................................... 16 5.04 OWNER'S LiabilityInsurance........................................................................................... 17 5.05 Property Insurance........................................................................................................... 17 5.06 Waiver of Rights............................................................................................................... 18 5.07 Receipt and Application of Insurance Proceeds.............................................................. 19 5.08 Acceptance of Bonds and Insurance; Option to Replace................................................ 19 5.09 Partial Utilization, Acknowledgment of Property Insurer.................................................. 20 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES............................................................................... 20 6.01 Supervision and Superintendence................................................................................... 20 6.02 Labor; Working Hours...................................................................................................... 20 6.03 Services, Materials, and Equipment................................................................................ 20 6.04 Progress Schedule........................................................................................................... 21 6.05 Substitutes and"Or-Equals.............................................................................................. 21 6.06 Concerning Subcontractors, Suppliers, and Others........................................................ 22 6.07 Patent Fees and Royalties............................................................................................... 23 Hydraulic Capacity Project#1 -Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P\09290\134-09290-10002\womproUaMWSpct\21a Conaiuons of Contract.d.c% GENERAL CONDITIONS-PAGE 1 - 6.08 Permits............................................................................................................................. 24 6.09 Laws and Regulations...................................................................................................... 24 6.10 Taxes............................................................................................................................... 24 6.11 Use of Site and Other Areas............................................................................................ 24 6.12 Record Documents.......................................................................................................... 25 6.13 Safety and Protection........................................................................................................25 6.14 Safety Representative...................................................................................................... 26 6.15 Hazard Communication Programs................................................................................... 26 6.16 Emergencies.................................................................................................................... 26 6.17 Shop Drawings and Samples........................................................................................... 26 6.18 Continuing the Work......................................................................................................... 27 6.19 CONTRACTOR's General Warranty and Guarantee ...................................................... 27 ARTICLE7-OTHER WORK..................................................................................................................... 28 7.01 Related Work at Site........................................................................................................ 28 7.02 Coordination..................................................................................................................... 29 ARTICLE 8-OWNER'S RESPONSIBILITIES........................................................................................... 29 8.01 Communications to CONTRACTOR................................................................................ 29 8.02 Replacement of ENGINEER............................................................................................ 29 8.03 Furnish Data..................................................................................................................... 29 8.04 Pay Promptly When Due.................................................................................................. 29 8.05 Lands and Easements;Reports and Tests.......................................................................29 8.06 Insurance ......................................................................................................................... 29 8.07 Change Orders................................................................................................................. 29 8.08 Inspections, Tests, and Approvals................................................................................... 29 8.09 Limitations on OWNER's Responsibilities....................................................................... 29 8.10 Undisclosed Hazardous Environmental Condition........................................................... 29 8.11 Evidence of Financial Arrangements............................................................................... 30 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION........................................................... 30 9.01 OWNER'S Representative............................................................................................... 30 9.02 Visits to Site ..................................................................................................................... 30 9.03 Project Representative..................................................................................................... 30 9.04 Clarifications and Interpretations ......................................................................................30 9.05 Authorized Variations in Work.......................................................................................... 30 9.06 Rejecting Defective Work................................................................................................. 31 9.07 Shop Drawings, Change Orders and Payments.............................................................. 31 9.08 Determinations for Unit Price Work.................................................................................. 31 9.09 Decisions on Requirements of Contract Documents andAcceptability of Work................................................................................................ 31 9.10 Limitations on ENGINEER's Authority and Responsibilities............................................ 31 ARTICLE 10- CHANGES IN THE WORK; CLAIMS ................................................................................. 32 10.01 Authorized Changes in the Work......................................................................................32 10.02 Unauthorized Changes in the Work................................................................................. 32 10.03 Execution of Change Orders............................................................................................ 32 10.04 Notification to Surety........................................................................................................ 33 10.05 Claims and Disputes........................................................................................................ 33 10.06 Allowable Quantity Variations on Unit Price Contracts.................................................... 33 10.07 Increases of More Than 25 Percent on Unit Price Contracts.......................................... 33 10.08 Decreases of More Than 25 Percent on Unit Price Contracts......................................... 34 10.09 Eliminated Items on Unit Price Contracts........................................................................ 34 Hydraulic Capacity Project#1 -Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:t092901l0 -09290-t0002tworaprooraflstspec1T1a conations of Contract.eocx GENERAL CONDITIONS- PAGE 2 ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK.............................. 35 11.01 Cost of the Work.............................................................................................................. 35 11.02 Cash Allowances.............................................................................................................. 37 11.03 Unit Price Work................................................................................................................ 37 11.04 Cost of Work Based on Time, Materials, and Equipment and CONTRACTOR's Overhead and Profit..................................................................... 37 11.05 Special Services............................................................................................................... 39 11.06 CONTRACTOR'S Overhead and Profit........................................................................... 40 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............................ 40 12.01 Change of Contract Price................................................................................................. 40 12.02 Change of Contract Times............................................................................................... 41 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.............................................................. 41 13.01 Notice of Defects ............................................................................................................. 41 13.02 Access to Work................................................................................................................ 41 13.03 Tests and Inspections............................._..........................................................._.......... 41 13.04 Uncovering Work.............................................................................................................. 42 13.05 OWNER May Stop the Work............................................................................................ 42 13.06 Correction or Removal of Defective Work....................................................................... 42 13.07 Correction Period............................................................................................................. 43 13.08 Acceptance of Defective Work..........................................................................................43 13.09 OWNER May Correct Defective Work............................................................................. 43 ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION...................................................... 44 14.01 Payment Schedule........................................................................................................... 44 14.02 Progress Payments.......................................................................................................... 44 14.03 CONTRACTOR's Warranty of Title.................................................................................. 46 14.04 Substantial Completion.....................................................................................................46 14.05 Partial Utilization .............................................................................................................. 47 14.06 Final Inspection................................................................................................................ 47 14.07 Final Payment................................................................................................................. 48 14.08 Final Completion Delayed................................................................................................ 49 14.09 Waiver of Claims.............................................................................................................. 49 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION................................................................49 15.01 OWNER May Suspend Work......................................... ..................................................49 ARTICLE 16 -MISCELLANEOUS............................................................................................................. 49 16.01 Giving Notice.................................................................................................................... 49 16.02 Computation of Times...................................................................................................... 49 16.03 Cumulative Remedies...................................................................................................... 49 16.04 Survival of Obligations..................................................................................................... 50 16.05 Controlling Law.................................................................................................................50 ARTICLE 17 -CALIFORNIA LEGAL REQUIREMENTS.......................................................................... 50 Hydraulic Capacity Project#1 -Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:09290v34-09290-10002�Wordproo aft�Sp clTIaConditions ofConnag4ocx GENERAL CONDITIONS- PAGE 3 17.01 State Wage Rate Determinations ................................................................................... 50 17.02 Workers Compensation ................................................................................................... 50 17.03 Apprentices on Public Works.......................................................................................... 50 17.04 Working Hours................................................................................................................. 50 17.05 Contractor Not Responsible for Damage Resulting from Certain Acts of God................................................................................................. 51 17.06 Notice of Completion........................................................................................................ 51 17.07 Unpaid Claims.................................................................................................................. 51 17.08 Concrete Forms, Falsework, and Shoring........................................................................51 17.09 Retainage from Monthly Payments.................................................................................. 51 17.10 Public Works Contracts;Assignment to Awarding Body................................................. 52 17.11 Payroll Records;Retention; Inspection; Non-compliance Penalties;Rules and Regulations.................................................................................... 52 17.12 Cultural Resources............................................................................................................ 53 17.13 Protection of Workers in Trench Excavations.................................................................. 53 17.14 Travel and Subsistence Pay............................................................................................ 54 17.15 Removal;Relocation;or Protection of Existing Utilities................................................... 54 17.16 Contracts for Digging Trenches or Excavations; Notice of Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders;Effect on Contract........................................................ 54 Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:\09290nl x09290-10002�woraarooransrsaec1�1aCoodiponsofCmtractdov GENERAL CONDITIONS— PAGE 4 GENERAL CONDITIONS OF THE CONTRACT ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement or Construction Contract—The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment--The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Beneficial Use or Occupancy—Placing all or any portion of the Work in service for the purpose for which it is intended (or a related purpose)before reaching completion of all of the Work. 6. Bid--The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 8. Bidding Requirements--The Notice Inviting Bids, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 9. Bonds--Performance and payment bonds and other instruments of security. 10. City of San Juan Capistrano—A legal entity organized and existing in the County of Orange, State of California, and which is sometimes referred to in the Contract Documents as the City or the OWNER. 11. Change Order--A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 12. City — The City San Juan Capistrano, a general law city organized and existing in the County of Orange, State of California, sometimes referred to as the City. 13, Completion— Completion of the Work shall be the date of acceptance of the Work by the OWNER as provided under California Civil Code Section 3086. 14. Consultant — The engineer architect-engineer firm and their designated representatives acting under contract to the OWNER, acting on behalf of the OWNER as their authorized representative within the scope of authority defined in their contract with the OWNER. 15. Contract--The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:�os2emi34ae2e0-10002\wordcroDrafts\sceo1Q1 a cond'Vons of coMractdoox GENERAL CONDITIONS—PAGE 5 16. Contract Documents—Unless otherwise defined in the Agreement or Supplementary Conditions, the Contract Documents establish the rights and obligations of the parties and include the Notice Inviting Bids, Instructions to Bidders, the prevailing rates of wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule, List of Subcontractors, Non-collusion Affidavit, Bidder's General Information statement, Bid Security or Bid Bond, the Agreement or Construction Contract, Worker's Compensation Certificate, Performance Bond, Payment Bond, Insurance Certificates, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Construction Contract, Supplementary General Conditions, Technical Specifications, and Drawings and all Addenda issued prior to bid opening, together with all written amendments, Change Orders and Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 17. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 18. Contract Unit Price(s) — The price or prices quoted by the Bidder for performing and furnishing each item of the Work to be paid for on the basis of unit prices. 19. Contract Times--The number of days or the dates stated in the Contract Documents to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 20. CONTRACTOR--The individual or entity with whom OWNER has entered into the Agreement. 21. Cost of the Work--See paragraph 11.01.A for definition. 22. City—The City of San Juan Capistrano. Sometimes referred to as the City or the Owner. 23. City Engineer—The City Engineer of the City of San Juan Capistrano, or his or her designated representative and who is referred to in the Contract Documents as the ENGINEER, 24. Drawings--That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 25. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effec- tive, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 26. ENGINEER—The City Engineer of the City of San Juan Capistrano, or his or her designated representative. 27. ENGINEER's Consultant--An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 28. Field Order--A written order issued by ENGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 29. General Requirements--Sections of Division 1 of the Technical Specifications. The General Requirements pertain to all sections of the Specifications. Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P\09290\18 09290-10002M.rdp.o,.WSPac1,21 a Conditions ofContract doox GENERAL CONDITIONS— PAGE 6 30. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 31. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903)as amended from time to time. 32. Laws and Regulations; Laws or Regulations--Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 33. Liens or Stop Notices--Charges or encumbrances upon Project funds pursuant to California Civil Code Section 3179 at seq.. 34. Milestone--A principal event specified in the Contract Documents relating to an intermediate com- pletion date or time prior to Substantial Completion of all the Work. 35. Notice of Award--The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 36. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 37. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 38. Partial Utilization--Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 39. PCBs--Polychlorinated biphenyls. 40. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard condi- tions 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 non-Hazardous Waste and crude oils. 41. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 42. Radioactive Material--Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time. 43. Resident Project Representative (RPR) or Project Representative--The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. Said Project Representative shall be the only person through whom all liaison between the Contractor and the Owner shall be directed. 44. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 45. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 46. Site--Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P w9290\134- 9290-10002\wordp,oD,ans�specl z1 a condiuon:or comraocdo�x GENERAL CONDITIONS— PAGE 7 47. Specifications--That part of the Contract Documents consisting of Part I Notice Inviting Bids, Instructions to Bidders Bid forms, Agreement, Bonds, and certificates, Part II General and Supplementary Conditions of the Contract, and Part III Technical Specifications consisting of written technical descriptions of systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 48. Subcontractor--An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 49. Substantial Completion--The time at which the Work(or a specified part thereof)has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete' and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 50. Supplementary General Conditions--That part of the Contract Documents which amends or supplements these General Conditions of the Construction Contract.. 51. Supplier--A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 52. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 53. Unit Price Work-Mork to be paid for on the basis of unit prices. 54. Work--The entire completed construction or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 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 Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 56. Written Amendment--A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or nontechnical rather than strictly construction-related aspects of the Contract Docu- ments. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:�9929onsa-09290-10002�Wordpromranns�sp.ml 2la coadmons of comracceocx GENERAL CONDITIONS—PAGE 8 general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the require- ments of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location)ready for use or installation and in usable or operable condition. 2. The word"install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times;Notice to Proceed Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:ws2sov34-09200-10002\wordproDrafteSpec921aConditions ofContrepteocx GENERAL CONDITIONS— PAGES A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Pro- ceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify perti- nent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request)which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.13, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submit- Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT e\09290vaa-09290-f00o2�Wordproorans�SpeaQf a condlbons of Contract dou GENERAL CONDITIONS— PAGE 10 ted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsi- bility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3-CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project(or part there- of) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. D. The work to be performed under this Contract shall consist of furnishing all plant, tools, equipment, materials, and manufactured articles and for furnishing all transportation services, and all fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Specifications, Drawings„ Schedules, and other Contract Documents as defined in the Contract, all of which are made a part hereof and including such detail sketches as may be furnished by the Engineer from time to time during construction in explanation of said Drawings or other Contract Documents. E The Work shall be complete and operable, and all work, materials, and services not expressly called for or shown in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no additional cost to the Owner. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organiza- tion, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:\09290fl a-09290-10002�wpmp.D,ans\soacl�1a Conditars Of Cowactdocx GENERAL CONDITIONS—PAGE 11 ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambigu- ity, or discrepancy within the Contract Documents or between the Contract Documents and any provi- sion of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepan- cy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii)a Change Order; or(iii)a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or(iii) ENGINEER's written interpretation or clarifi- cation. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (1) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT Poo929ov34-09290-i0002\W«dproDmft\SWcll1aConditions ofDontractdoox GENERAL CONDITIONS—PAGE 12 REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OW NER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface struc- tures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any"technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate;or 2. is of such a nature as to require a change in the Contract Documents; or Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:\0e2e0nsa00200-f0002�Wo,dproDrafls�Specl21aConditions OfConi GENERAL CONDITIONS—PAGE 13 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as required by para- graph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P�0929ov34-09290-1Doo2\wordproDMfB\specl@I aConditions Ofcomrapf.doox GENERAL CONDITIONS—PAGE 14 such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the OWNERS of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the OWNER of such Underground Facility and give written notice to that OWNER and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data' contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data' is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P.�002s0\iz4-09290-10002�Wordprooraft\ssuec92+a conditions of co,nracl.Eoox GENERAL CONDITIONS— PAGE 15 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby(except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or(ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-10002�womproD,afts\spem�1 a conditions of coMractdons GENERAL CONDITIONS—PAGE 16 claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5-BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured)which OWNER is required to purchase and maintain. 5.03 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employ- ment of such person by CONTRACTOR, or(ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:m929o\134-09290-10002�womp,oDrana�spao1�1.conditions ofconvactdo.x GENERAL CONDITIONS—PAGE 17 B. The policies of insurance so required by this paragraph 5.03 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.03.A.3 through 5.03.A.6 inclusive, include as additional insureds(subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations,whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07and 6.11 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.02 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.04 OWNER's Liability Insurance A. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.05 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof(subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P.\092901l 0.09290-10002�WomPreo,a9ss\Specl�1a Conditions of Convactdocx GENERAL CONDITIONS— PAGE 18 collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water dam- age, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of ENGINEERS and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equip- ment have been included in an Application for Payment recommended by ENGINEER; 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consul- tants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereof) required to be pur- chased and maintained in accordance with paragraph 5.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. OWNER shall not be responsible for purchasing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.05, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.06 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.05 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:409290U941U9290-10002\W«dproOana�soecl�1 a Conditions of Com,aa.doox GENERAL CONDITIONS— PAGE 19 ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to OW NER's property or the Work caused by, arising out of, or resulting from fire or other peril whether or not insured by OWNER; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after Substantial Completion pursuant to paragraph 14.04, or after final payment pursuant to paragraph 14.07. C. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in paragraph 5.06.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.07 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.05 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.07.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. 5.08 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provi- sions of the Bonds or insurance required to be purchased and maintained by the other party in accor- dance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P�09290\1a09290,10002\wordFroDrafis�SSpclQi a conditions of caotr.ct.doo. GENERAL CONDITIONS—PAGE 20 5.09 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. C. The CONTRACTOR's authorized representative shall be present at the site of the Work at all times while the Work is in progress. Failure to observe this requirement shall be considered as a suspension of the Work by the CONTRACTOR. 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent(which will not be unreasonably withheld)given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Requirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:\09290�134oe290-10002\wordpmDaaa\Spemma conmaons of Cowan dox GENERAL CONDITIONS—PAGE 21 required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.05 Substitutes and"Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. 1. "Or-Equal"Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an"or-equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or-equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGINEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT Pa09290\fsa-09290-10002\wordproD,ans\speclQI a conditions of coMract.doc GENERAL CONDITIONS—PAGE 22 the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project)to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available ENGINEERING, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, se- quence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. ENGINEER's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.13. ENGINEER will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or"or-equal"at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (includ- ing those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:�09200nsa-09290-r0o02�WomproDreRs�specl2I a conES�ons of Contract docx GENERAL CONDITIONS—PAGE 23 date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.05, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P\09290\194-09290-10002\Wwdprooaf6\specl�21 a conditions of Cono-aclnosx GENERAL CONDITIONS—PAGE 24 and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility OWNERS for connections to the Work, and OWNER shall pay all charges of such utility OWNERS for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT e�oszson3a-oszso-t000s�woaaoorans�spe�i�z�a conamoosacom.zn.mcx GENERAL CONDITIONS—PAGE 25 employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such OWNER or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pave- ments, roadways, structures, utilities, and Underground Facilities not designated for removal, reloca- tion, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERS of adjacent property and of Underground Facilities and other utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT a:�o9290�13a-09290-0002\wordproDrans�Specl� I Conditions of Convactdocx GENERAL CONDITIONS— PAGE 26 individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.8 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assem- bly, and installation pertaining to the performance of the Work; Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT Pa09290\1aao9290-10002\w«dproorafc\Soeclz1a Conditions of convad.docx GENERAL CONDITIONS— PAGE 27 c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satis- fied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted under the Construction Contract or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT PA09290h1sa-09290-100021WordproDrafts\Spec121a conditions or Contract docx GENERAL CONDITIONS—PAGE 28 CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1. observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. ARTICLE 7-OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility OWNERS. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other CONTRACTOR who is a party to such a direct contract and each utility OWNER (and OWNER, if OWNER is performing the other work with OWNER's employ- ees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERS and other CONTRACTORS to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility OWNERS and other CONTRACTORS. Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P\o9290\134-09290-10002�WordproD,atlss�Specl�1aConditions ofconVandocx GENERAL CONDITIONS—PAGE 29 C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- formed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various CONTRACTORs will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8-OWNER'S RESPONSIBILITIES 8.01 Communications to CONTRACTOR A. Except as otherwise provided in these General Conditions, OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an ENGINEER to whom CONTRACTOR makes no reasonable objection,whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements;Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing ENGINEERing surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5 and the Construction Contract. Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT Pa09290n1M-09290-10002\womproDransspeclQ1a Conditions of Contract dodx GENERAL CONDITIONS—PAGE 30 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P.�09290�134-09290-10002�WomproD,afls\spea1�1a Condlnons of Contractdoax GENERAL CONDITIONS—PAGE 31 Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determina- tions on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraphs 10.05 through 10.09, inclusive. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:m9290\+34-o9290-10002�Womp,oD,ans\scecl�i a conmrons of Cowaa.aocx GENERAL CONDITIONS—PAGE 32 A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter(except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07)will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Responsibilities A. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any . Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. ARTICLE 10-CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P�09290\1a 0sz9o-t000z\wordprooransaspeclQ1aConditions ofcontract.decx GENERAL CONDITIONS— PAGE 33 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.8. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER(or Written Amendments)covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) re- quired because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents(including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly(but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1, an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in the Construction Contract 2. if no such dispute resolution procedures have been set forth in the Construction Contract, a Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P�092e0�134n9290-ID002\wompmD,aflss�Specl�1a conditions of Contract doc. GENERAL CONDITIONS— PAGE 34 written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.13, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones)will be valid if not submitted in accordance with this paragraph 10.05. 10.06 Allowable Quantity Variations on Unit Price Contracts: A 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 for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work. 10.07 Increases of More Than 25 Percent on Unit Price Contracts: A. On a unit price contract, should the total quantity of any item of Work required under the Contract exceed the ENGINEER's Estimate therefor by more than 25 percent, the Work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the OWNER, payment for the Work involved in such excess will be made on the basis of force account as provided in Article 11. B. Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of Work include fixed costs, such fixed costs shall be deemed to have been recovered by the CONTRACTOR by the payments made for 125 percent of the ENGINEER's Estimate of the quantity for such item, and in computing the actual unit cost, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the ENGINEER in the same manner as if the Work were to be paid for on a force account basis as provided in Article 11, herein, or such adjustment will be as agreed to by the CONTRACTOR and the OWNER. C. When the compensation payable for the number of units of an item of Work performed in excess of 125 percent of the ENGINEER's Estimate is less than $5,000 at the applicable Contract Unit Price, the ENGINEER reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the CONTRACTOR. 10.08 Decreases of More Than 25 Percent on Unit Price Contracts: A. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the ENGINEER's Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the CONTRACTOR so requests in writing. If the CONTRACTOR so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the ENGINEER, payment for the quantity of the Work of such item performed will be made on the basis of force account as provided in Article 11, herein; provided however, that in no case shall the payment for such Work be less than that which would be made at the Contract Unit Price. Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:ms2so\13a-osteo-moo2\wordproDmfx\speclQI acondiuonsoiContract doc. GENERAL CONDITIONS— PAGE 35 B. Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the ENGINEER in the same manner as if the Work were to be paid for on a force account basis as provided in Article 11; or such adjustment will be as agreed to by the CONTRACTOR and the OWNER. C. The payment for the total pay quantity of such item of Work will in no case exceed the payment which would be made for the performance of 75 percent of the ENGINEER's Estimate of the quantity for such item at the original Contract Unit Price. 10.09 Eliminated Items on Unit Price Contracts: A. On unit price contracts, should any contract item of the Work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the CONTRACTOR for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the ENGINEER of such elimination. B. If acceptable material is ordered by the CONTRACTOR for the eliminated item prior to the date of notification of such elimination by the ENGINEER, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the CONTRACTOR. In such case, the material paid for shall become the property of the OWNER and the actual cost of any further handling will be paid for by the OWNER. If the material is returnable to the vendor and if the ENGINEER so directs the CONTRACTOR, the material shall be returned and the CONTRACTOR will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. C. The actual costs or charges to be paid by the OWNER to the CONTRACTOR as provided in this Article 10 will be computed in the same manner as if the Work were to be paid for on a force account basis as provided in Article 11 ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined 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 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 following items, and shall not include any of the costs itemized in paragraph 11.01.8. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be appor- tioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 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 in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OW NFR, and CONTRACTOR shall make provisions so that they may be obtained. Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:�09290\1aa-99290-10002�WowmoDrans\specl�1 a Conditions of Contract aocx GENERAL CONDITIONS—PAGE 36 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides 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 shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to ENGINEERS, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the per- formance of the Work (except lasses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.05.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded:The term Cost of the Work shall not include any of the following items: Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT a:\oers0n34-oez00-io0oz�womp,oD,affs\Sf cf�la conditions of conVaa.Eocx GENERAL CONDITIONS— PAGE 37 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general managers, ENGINEERS, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A,4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.13, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. it is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, over- head, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaran- Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P\09290\13n 9290-10002�WordproD,an:\Spen�1a co,mLeons of conaaa.docx GENERAL CONDITIONS— PAGE 38 teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- quate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accor- dance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.04 Cost of Work (Based on Time Materials, and Equipment and CONTRACTOR's Overhead and Profit): A. General: The term "Cost of Work" shall mean the sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment plus CONTRACTOR's overhead, and profit in the proper performance of Work. Except as otherwise may be agreed to in writing by the OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project. B. Labor: The cost of labor used in performing Work by the CONTRACTOR, a Subcontractor, or other forces will be the sum of the following: 1. The actual wages paid plus any employer payments to, or on behalf of Workers for fringe benefits including health and welfare, pension, vacation, and similar purposes. The cast of labor may include the wages paid to foremen when determined by the ENGINEER that the services of foremen do not constitute a part of the overhead allowance as defined in Article 11.06, herein. 2. To the actual wages, as defined in paragraph 11.04B(1), herein, will be added a labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rates, which is in effect on the date upon which the Work is accomplished and which is hereby included as a part of these General Conditions by this reference thereto. Said labor surcharge shall constitute full compensation for all payments imposed by the State and Federal laws and for all other payments made to, or on behalf of, the Workers, other than actual wages as defined in paragraph 11.04B(1), herein, and subsistence and travel allowance as specified in paragraph 11.04B(3), herein. 3. The amount paid for subsistence and travel required by collective bargaining agreements, or in accordance with the regular practice of the employer. At the beginning of the extra work and as later requested by the ENGINEER, the CONTRACTOR shall furnish the ENGINEER proof of labor compensation rates being paid. C. Materials: The cost of materials used in performing Work will be the cost to the purchaser, whether CONTRACTOR or Subcontractor, from the supplier thereof, except as the following are applicable: 1. Trade discounts available to the purchaser shall be credited to the OWNER notwithstanding the fact that such discounts may not have been taken by the CONTRACTOR. 2. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P.\o525oU3ao929o-10002\womproD,aft�SpeclU1a Conditions of Contract doox GENERAL CONDITIONS—PAGE 39 shall be deemed to be the price paid to the actual supplier as determined by the ENGINEER. Markup except for actual costs incurred in the handling of such materials will not be allowed. 3. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the Work site, whichever price is lower. 4. If in the opinion of the ENGINEER the cost of material is excessive, or the CONTRACTOR does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned delivered to the Work site less trade discount. The OWNER reserves the right to furnish materials for the extra Work and no claim shall be made by the CONTRACTOR for costs, overhead, and profit on such materials. D. Equipment: The CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the Supplementary General Conditions. Such rental rate will be used to compute payments for equipment whether the equipment is under the CONTRACTOR's control through direct OWNERSHIP, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the OWNER for the total period of use. If it is deemed necessary by the CONTRACTOR to use equipment not listed in the foregoing publication, an equitable rental rate for the equipment will be established by the ENGINEER. The CONTRACTOR may furnish cost data which might assist the ENGINEER in the establishment of the rental rate. 1. All equipment shall, in the opinion of the ENGINEER, be in good working condition and suitable for the purpose for which the equipment is to be used. 2. Before construction equipment is used on the extra Work, the CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the ENGINEER, in duplicate, a description of the equipment and its identifying number. 3. Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. 4. Individual pieces of equipment or tools having a replacement value of $200 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor. 5. Rental time will not be allowed while equipment is inoperative due to breakdowns. E. Equipment on the Work: The rental time to be paid for equipment on the Work shall be the time the equipment is in productive operation on the extra Work being performed and, in addition, shall include the time required to move the equipment to the location of the extra Work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid if the equipment is used on other than the extra Work, even though located at the site of the extra Work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made for loading and transporting costs when the equipment is used at the site of the extra Work on other than the extra Work. The following shall be used in computing the rental time of equipment on the Work. 1. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. 2. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:�o929D\140928o-moo2�WoaaproD,afis�SNcl� Ia conditions otc000actdoo GENERAL CONDITIONS—PAGE 40 3. When OWNER-operated equipment is used to perform extra Work to be paid for on a time and materials basis, the CONTRACTOR will be paid for the equipment and operator, as set forth in Subparagraphs(4), (5), and (6), following: 4. Payment for the equipment will be made in accordance with the provisions in paragraph 11.04D, herein. 5. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the CONTRACTOR to other workers operating similar equipment already on the Work, or in the absence of such labor, established by collective bargaining agreements for the type of workers and location of the extra work, whether or not the operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein in accordance with the provisions of paragraph 11.0413, herein, which surcharge shall constitute full compensation for payments imposed by state and federal laws and all other payments made to on behalf of workers other than actual wages. 6. To the direct cost of equipment rental and labor, computed as provided herein, will be added the allowances for equipment rental and labor as provided in Article 11.06 herein. 11.05 Special Services: A. Special Work or services are defined as that Work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. The following may be considered by the ENGINEER in making estimates for payment for special services: 1. When the ENGINEER and the CONTRACTOR, by agreement, determine that a special service or Work is required which cannot be performed by the forces of the CONTRACTOR or those of any of its Subcontractors, the special service or Work may be performed by an entity especially skilled in the Work to be performed. After validation of invoices and determination of market values by the ENGINEER, invoices for special services or Work based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs. 2. When the CONTRACTOR is required to perform Work necessitating special fabrication or machining process in a fabrication or a machine shop facility away from the job site, the charges for that portion of the Work performed at the off-site facility may, by agreement, be accepted as a special service and accordingly, the invoices for the Work may be accepted without detailed itemization. 3. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of the allowances for overhead and profit specified in Article 11.06, herein, an allowance of 5 percent will be added to invoices for special services. B. All Work performed hereunder shall be subject to all of the provisions of the Contract Documents and the CONTRACTOR's sureties shall be bound with reference thereto as under the original Agreement. Copies of all amendments to surety bonds or supplemental surety bonds shall be submitted to the OWNER for review prior to the performance of any Work hereunder. 11.06 CONTRACTOR's Overhead and Profit: A. Work ordered on the basis of time and materials will be paid for at the actual necessary cost as determined by the ENGINEER, plus allowances for overhead and profit. For extra work involving a combination of increases and decreases in the Work the actual necessary cost will be the arithmetic sum of the additive and deductive costs. The allowance for overhead and profit shall include full compensation for superintendence, bond and insurance premiums, taxes, office expense, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided for under Paragraphs 11.048, 11.040, and 11.04D, herein including extended overhead and home office Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:�o929ov34-09290.10002\WordpmD,afis�SpeclV1a conditions or conVaccdodx GENERAL CONDITIONS-PAGE 41 overhead. The allowance for overhead and profit will be made in accordance with the following schedule: ACTUAL NECESSARY OVERHEAD AND COST PROFIT ALLOWANCE Labor 20 percent Materials 15 percent Equipment 15 percent Subcontracts(1"tier) 5 percent B. It is understood that labor, materials, and equipment may be furnished by the CONTRACTOR or by the Subcontractor on behalf of the CONTRACTOR. When all or any part of the extra Work is performed by a Subcontractor, the allowance specified herein shall be applied to the labor, materials, and equipment costs of the Subcontractor, to which the CONTRACTOR may add 5 percent of the Subcontractor's total cost for the extra Work. Regardless of the number of hierarchical tiers of Subcontractors, the 5-percent increase above the Subcontractor's total cost which includes the allowances for overhead and profit specified herein may be applied one time only for each separate Work transaction. No markup allowance will be made for sub-subcontractors or below. ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of para- graph 11.03 ); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.04 and 11.05) plus a CONTRACTOR's fee for overhead and profit(determined as provided in paragraph 11.06). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as provided in paragraph 11.06.: 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times(or Milestones)shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT e\oe2sofraa-09290-moo2�Wodp,00rafl\spec"Ia Conditions or Donbaa.docx GENERAL CONDITIONS—PAGE 42 Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12 and the Construction Contract. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.8 shall be paid as provided in said paragraph 13.04.8; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P.�09290\1s 09290-10002\wordproDraft�Sspecl21 a conditions or co,mrad.dopx GENERAL CONDITIONS—PAGE 43 A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense.B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work A. If the Work Is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (1) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In special circumstances where a particular item of equipment is placed in continuous service Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P.\09290nse-092e0-10002\wompmD,afls�Specl�1a Conditions of Contraa.doca GENERAL CONDITIONS— PAGE 44 before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and re- placement 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 paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other CONTRACTORS, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR, and a Change Order will be issued incorpo- rating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective W ork. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:1o9z9o�134-o9z9o-l000z�wordpmDrans�Specl�1a Conditions of Donnact.docx GENERAL CONDITIONS—PAGE 45 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. ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Payment Schedule A. On lump sum contracts, the schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. B. On unit price contracts, the Bid Schedule shall be the basis for progress payments and all Work will be paid for at the contract prices named in the Bid Schedule per unit of measurement. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Docu- ments. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of Retainage with respect to progress payments shall be 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 1.0 percent Retainage of the total of the Work done if the Owner determines, at its discretion, that there is other cause for such Retainage. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Applica- tion to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P w9290�134-09290-10002�WordprouaMs Spp1\21 a conditions of comraa docx GENERAL CONDITIONS—PAGE 46 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (1) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved de- tailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials,or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.6.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by W ritten Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:\0929mt34-09290-t000awomnrooaoa\scem¢t a conditions of contram.m« GENERAL CONDITIONS— PAGE 47 a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; b. Stop Notices have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Stop Notices; c, there are other items entitling OWNER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.athrough 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P0929oU34-09290-i0002�Wordproo,ans�specI Zia co„dinorsofContract.docx GENERAL CONDITIONS—PAGE 48 the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (1) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.03.8.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection 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 Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:ws2eov3a{Is2so-10002�Wo,dproDrafis�Specl� 1a conditions of contratl.docx GENERAL CONDITIONS—PAGE 49 indebtedness connected with the Work for which OWNER or OWNER's property might in 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 observation of the Work during construction and final inspec- tion, 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 provisions 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: Liquidated damages, as applicable a. Retainage from final progress payment Withholding of one and one-half times the value of any outstanding items of correction work or Punch List items which are yet uncompleted or uncorrected, as applicable. All such work shall be completed or corrected to the satisfaction of the OWNER within the time specified in the Supplementary General Conditions, otherwise the CONTRACTOR does hereby waive any and all claims to all monies withheld by the OWNER to cover the value of such uncompleted or uncorrected items. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying documentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWNER to CONTRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the Retainage stipulated In the Agreement, and if Bonds have been furnished as required in the Construction Contract consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. Subject to the provisions of California Public Contract Code Section 7100, the making and acceptance of final payment will constitute: Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:\o929mi3A-09290-rn002�WomcroDrans\specl�1aConditions ofDonvaadocx GENERAL CONDITIONS—PAGE 50 1. a waiver of all Claims by OWNER against CONTRACTOR filed subsequent to the making of final payment, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRACTOR against OWNER other than those previously made in writing which are still unsettled. B Payment of undisputed contract amounts is contingent upon the CONTRACTOR furnishing the OWNER with a release of all claims against the OWNER by virtue of the public works contract related to those amounts. Disputed contract claims in stated amounts may be excluded by the CONTRACTOR from the operation of the release. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. ARTICLE 16 - MISCELLANEOUS 16.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 16.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 16.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:�o9290\10.09290-iDoo2�WomproDrafevSpoal� la comluons of Daitraccdoox GENERAL CONDITIONS—PAGE 51 Documents, will survive final payment, completion, and acceptance of the Work or termination or comple- tion of the Agreement. 16.05 Controlling Law A. This Contract is to be governed by the law of the State of California. ARTICLE 17.--CALIFORNIA LEGAL REQUIREMENTS 17.01 State Wage Determinations: A. As required by Sections 1770 and following, of the California Labor Code, the CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the OWNER, which copies shall be made available to any interested party on request. The CONTRACTOR shall post a copy of such determination at each job site. B. The CONTRACTOR shall, as a penalty to the OWNER, forfeit $50.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the contract by him or by any subcontractor under him. 17.02 Workers'Compensation: A. In accordance with the provisions of Section 3700 of the California Labor Code, the CONTRACTOR shall secure the payment of compensation to its employees. B. Prior to beginning work under the Contract, the CONTRACTOR shall sign and file with the OWNER the following certification:"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract." C. Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the OWNER, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of workers'compensation. 17.03 Apprentices on Public Works: A The CONTRACTOR shall comply with all applicable provisions of Section.1777.5 and 1777.6 of the California Labor Code relating to employment of apprentices on public works. 17.04 Working Hours: A The CONTRACTOR shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The CONTRACTOR shall, as a penalty to the OWNER, forfeit $25.00 for each worker employed in the execution of the Contract by the CONTRACTOR or by any sub- CONTRACTOR for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such work receives compensation for all hours worked in excess of 8 hours at not less than 1-1/2 times the basic rate of pay. 17.05 CONTRACTOR Not Responsible For Damage Resulting From Certain Acts of God. A As provided in Section 7103 of the California Public Contract Code,(Chapter 694,A.B, No. 3416, Stats. of 1990), the CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the Work which damage is determined to have been proximately caused by an act of God, in excess of 5 percent of the contracted amount, provided, that the Work damaged was built in accordance with Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:�0929onsn-09290-10002\wempro�aft\spee1�1a cemmons of convea.aocx GENERAL CONDITIONS—PAGE 52 accepted and applicable building standards and the plans and specifications of the OWNER. The CONTRACTOR shall obtain insurance to indemnify the OWNER for any damage to the Work caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the Work. For purposes of this section, the term "acts of God" shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale, and tidal waves. 17.06 Notice of Completion: A In accordance with the Sections 3086 and 3093 of the California Civil Code, within 10 days after date of acceptance of the Work by the OWNER's governing body, the OWNER will file, in the County Recorder's office, a Notice of Completion of the Work. 17.07 Unpaid Claims: A If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the OWNER a Stop Notice as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the OWNER shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the CONTRACTOR under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the ENGINEER shall, in its discretion, permit the CONTRACTOR to file with the OWNER the bond referred to in Section 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. 17.08 Concrete Forms, Falsework, and Shoring: The CONTRACTOR shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete. Where the said Section 1717 requires the services of a civil ENGINEER registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the CONTRACTOR shall employ a registered civil ENGINEER for these purposes, and all costs therefor shall be included in the price named in the Contract for completion of the Work as set forth in the Contract Documents. 17.09 Retainage From Monthly Payments: A Pursuant to Section 22300 of the California Public Contract Code, the CONTRACTOR may substitute securities for any money withheld by the OWNER to insure performance under the Contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the OWNER or with a state or federally chartered bank as the escrow agent, who shall return such securities to the CONTRACTOR upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention provided by the OWNER between the escrow agent and the OWNER which provides that no portion of the securities shall be paid to the CONTRACTOR until the OWNER has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The OWNER will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the OWNER of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code and to bank or savings and loan certificates of deposit. 17.10 Public Works Contracts;Assignment to Awarding Body: A In accordance with Section 7103 of the California Public Contract Code (Stats. of 1990), the CONTRACTOR and Subcontractors shall conform to the following requirements. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15) or under the Cartwright Act(Chapter 2 (commencing with Section 16700)of Part 2 Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:\092s0ns4-09290-m002\womp,oDrafrs Ss clQ1a conditions of Contract docx GENERAL CONDITIONS—PAGE 53 time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties. 17.11 Payroll Records;Retention; Inspection;Noncompliance Penalties;Rules and Regulations: A Each CONTRACTOR and subcontractor shall keep an accurate payroll record, 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 him or her in connection with the public work. B The payroll records enumerated under Article 17.11A shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR on the following basis: 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. 2. A certified copy of all payroll records enumerated in Article 17.11A, herein, shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3. A certified copy of all payroll records enumerated in Article 17.11A, herein, shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to Articles 17.11B(2), herein, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the CONTRACTOR. C Each CONTRACTOR shall file a certified copy of the records, enumerated in Article 17.11A, herein, with the entity that requested the records within 10 days after receipt of a written request. D Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the CONTRACTOR awarded the contract or performing the contract shall not be marked or obliterated. E The CONTRACTOR shall inform the body awarding the contract of the location of the records enumerated under Article 17.11 A, herein, including the street address, OWNER and county, and shall, within 5 working days, provide a notice of a change of location and address. F In the event of noncompliance with the requirements of this Section, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply with this Section. Should noncompliance still be evident after the 10-day period, the CONTRACTOR shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit 25 dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. G Copy of all payrolls shall be submitted weekly to the ENGINEER. Payrolls shall contain the full name, address and social security number of each employee, his or her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll on which his name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or its agent indicating that the Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:k09290\i34-09290-10002\wor0aroDra0s�Specl� I Conditions of contractxo GENERAL CONDITIONS— PAGE 54 payrolls are correct and complete and that the wage rates contained therein are not less than those required by the contract. The "Statement of Compliance" shall be on forms furnished by the OWNER or on any form with identical wording. The CONTRACTOR shall be responsible for the submission of copies of payrolls of all subcontractors. H If by the 15th of the month, the CONTRACTOR has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the OWNER will retain an amount equal to 10 percent of the estimated value of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10,000 nor be less than $1,000. Retentions for failure to submit satisfactory payrolls shall be additional to all other retentions provided for in the contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted. 17.12 Cultural Resources: The CONTRACTOR's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470 as specified under Section entitled, "Temporary Environmental Controls" of the General Requirements. 17.13 Protection of Workers in Trench Excavations: A As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench of trenches 5 feet or more in depth, the CONTRACTOR shall submit for acceptance by the OWNER or by a registered civil or structural ENGINEER, employed by the OWNER, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural ENGINEER employed by the CONTRACTOR, and all costs therefor shall be included in the price named in the Contract for completion of the Work as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the OWNER, ENGINEER, or any of their officers, agents, representatives, or employees. 17.14 Travel and Subsistence Pay., A As required by Section 1773.8 of the California Labor Code the CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Article. B To establish such travel and subsistence payments, the representative of any craft, classification or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids. 17.15 Removal, Relocation, or Protection of Existing Utilities: A In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made apart of the invitation for bids. The agency will compensate the CONTRACTOR for the costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P:\0929o\ioa-09290-ID092�WordproDraft�Sspecl21 a Conditions of comraccdocx GENERAL CONDITIONS— PAGE 55 and for equipment on the project necessarily idled during such work. 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. 17.16 Contracts for Digging Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders;Effect on Contract. A As required under Section 7104 of the Public Contracts Code(Stats. of 1990), in any public works contract of a local public entity which involves digging trenches or other excavations that extend deeper than four feet below the surface shall be subject to the following conditions: The CONTRACTOR shall promptly, and before the conditions specified in Section 7104(a), therein, are disturbed, notify the public entity in writing, of any of the conditions described in Section 7104(a)(1)through 7104(a)(3).. *END OF GENERAL CONDITIONS Hydraulic Capacity Project#1 —Sewer Rehabilitation GENERAL CONDITIONS OF THE CONTRACT P w9290\134u9290-10002�wordproDrafis\Specl�1a conditions of Contraa.aocx GENERAL CONDITIONS— PAGE 56 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 to 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 "HYDRAULIC CAPACITY PROJECT #1 — SEWER REHABILITATION," 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 Article 10 of the General Conditions. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and other Bonds The following paragraph D shall be added to Article 5.01 of the General Conditions: D The Performance Bond shall be extended to cover the one-year correction and repair period for correction or removal and replacement of defective work as provided under Article 13.07 of the General Conditions. Said Performance Bond shall be maintained at not less than 15 percent of the Contract Price during said one-year extension. 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: Hydraulic Capacity Project#1 —Sewer Rehabilitation CONDITIONS OF THE CONTRACT P:�09290nl a 09290-10002\womproD�fts\SSp c1�9 Supp Gen Dond.do x SUPPLEMENTAL CONDITIONS OF THE CONTRACT 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 Hydraulic Capacity Project#1 —Sewer Rehabilitation CONDITIONS OF THE CONTRACT P\o9aeo�iaa-oe2so-i0002�WomP,oDrans�SpeclMSupp Gen Cona.oax SUPPLEMENTAL CONDITIONS OF THE CONTRACT PAGE 2 Overhead and Profit). 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. ARTICLE 14 - PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.02 Progress Payments: Subparagraph 14.02A.3 of the General Conditions shall be changed to read as follows: 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: 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. 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: Hydraulic Capacity Project#1 —Sewer Rehabilitation CONDITIONS OF THE CONTRACT P:09290\1as-09090-10002�Womoroorans\soecl�3 sono Ge,cona.eoc. SUPPLEMENTAL CONDITIONS OF THE CONTRACT PAGE 3 E For all long lead purchases of specially fabricated 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 than $5000 dollars. * END OF SUPPLEMENTARY GENERAL CONDITIONS Hydraulic Capacity Project#1 —Sewer Rehabilitation CONDITIONS OF THE CONTRACT a:wszso��aaoszso-moozwom000an:�s �za Soo cep cona.a«. SUPPLEMENTAL CONDITIONS OF THE CONTRACT PAGE 4 CITY OF SAN JUAN CAPISTRANO PART III - TECHNICAL SPECIFICATIONS Hydraulic Capacity Project#1 —Sewer Rehabilitation TECHNICAL SPECIFICATIONS P:\09290\130.09290-10002\WordproDrafts Spect@1 Part 111-Tech SpecS.docn SECTION 010000—GENERAL REQUIREMENTS PARTI -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract,including General and Supplementary Conditions and other Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Definitions; 2. Project Information 3. Contract Documents; 4. Contract Exhibits; 5. Critical Nature of the Facilities 6. Preconstruction Meeting 7. Construction Schedule 8. Sequence of Work; 9. Existing Site Conditions; 10. Emergency Contact; 11. Services During an Emergency 12. Bidders Breakdown of Lump Sum Bid; 13. Working Hours; 14. Liquidated Damages; 15. Shop Drawings, Submittals and Samples 16. Maintenance and Guarantee 17. Permits to be Obtained by the Contractor Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000- 1 P.\092s0\isa-09290-10002�WordproDraflS\Sp clT5-010000 GENEw REouiREMENTs.docx GENERAL REQUIREMENTS 18. Permits and Easements Obtained by the Owner and Others 19. Work Area limits, Site Access and Material Storage; 20. Construction Water; 21. Disposal of Construction Waste and Excess Material, 22. Temporary Power; 23. Construction Lighting; 24. Dust and Smoke Control; 25. Noise Criteria; 26. Sanitation; 27. Accumulation of Costs for Extra Work; 28. Overtime Inspection; 29. Survey, Staking, Lines,Grades and Measurements; 30. Record Drawings; 31. Coordination and Cooperation with Others; 32. Protection and Restoration of Existing Improvements; 33. Measurement and Payment of Bid Items. 1.3 DEFINITIONS - Whenever the following terms, or pronouns used in their stead,occur in these Specifications,the intent and meaning shall be interpreted as follows: A. AW WA: The American Water Works Association. All references to the specifications of the AW WA are understood to refer to the current specifications as revised or amended at the date of construction. B. Construct: To furnish all labor,tools,equipment and incidentals,and to do Work in accordance with the Contract Documents,complete in place for a fully functional and operating system. C. Contractor: The individual,partnership-,corporation,joint venture,or other legal entity having a Contract with Owner to perform the Work. In the case of work being done under the various permits,the permittee shall be construed to be the Contractor. D. Engineer: The Owner's Chief Engineer or other person of legal entity designated by the Owner, either directly or through authorized agents. E. Owner or Citv: The City of San Juan Capistrano Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-2 P.\o9z9o\ia4-09290-i000z�wordproorens�soeclV5-ol0000 cENErz L REQUIREMENTs.doc+ GENERAL REQUIREMENTS F. Plans or Drawings or Exhibits: That part of the Contract Documents prepared by the Engineer, which graphically and/or schematically shows the scope,extent,and character or the Work to be performed by the Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. G. Record Drawings: The set of Drawings which shows the facilities in their"as-constructed" state,including all revisions to the original Contract Documents. H. Specifications: That part of the Contract Documents consisting of written technical descriptions of materials,equipment,systems, standards,and workmanship as applied to the Work and certain administrative details applicable thereto. I. State: The State of California. J. Work: The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services,and documentation necessary to produce such construction,and furnishing,installing, and incorporating all materials and equipment into such construction,all as required by the Contract Documents. K. Work Area: The area bounded by the rights-of-way immediately adjacent to the project and other delineations as noted on the Drawings for which the Contractor shall maintain all work activities. Storage of materials, staging and other miscellaneous work outside of the Work Area is prohibited. If the Work Area is not delineated on the Drawings,then the Owner will define said boundaries in the field. 1.4 PROJECT INFORMATION A. Project Identification: Hydraulic Capacity Project#1 —Sewer Rehabilitation, Project 7706 B. Project Location: City of San Juan Capistrano, County of Orange, State of California C. Owner: City of San Clemente,Joe Mankawich, Project Manager D. Engineer: Tetra Tech,Neil Barnsdale, Engineer of Record 1.5 CONTRACT DOCUMENTS A. Contract documents consist of the contract(Notice Inviting Bids,Instructions to Bidders, Proposal and Bid Schedule, Specifications, Bonds and Agreement, Drawings),together with the Addenda,Change Orders and Notices. The order of precedence of the contract documents shall be: I. Change Orders, Field Orders,and Work Change Directives; 2. Agreement and Bonds; 3. Proposal and Bid Schedule; Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000 -3 P:\09290\134-09290-10002',WorOpr Drafts\Specl\ 5-010000 GENERAL REQUIREMENTS.doa GENERAL REQUIREMENTS 4. Addenda; S. Notice Inviting Bids; 6. Instructions to Bidders; 7. Notice of Award; 8. Notice to Proceed; 9. Special Conditions; 10. General Conditions; 11. Description of Work; 12. Reference Specifications; 13. Notice of Completion; 14. Drawings and Detail Drawings. B. The Standard Specifications for Public Works Construction (SSPWC),2000 Edition, shall supplement,to the extent referenced,the requirements specified herein,and are referenced herein as"Greenbook"or"SSPWC." 1.6 CONTRACT"EXHIBITS" A. The location of the work,its general nature and extent,and general dimensions of the project and appurtenant works are shown on the Exhibits and are hereby made a part of these Specifications as listed herein, all bearing the common title:"HCP#1—SEWER REHABILITATION PROJECT." B. LIST OF EXHIBITS 1. DI0 Sewers located in the vicinity of Verdugo Street&ATSF RR 2. DI l Sewers located in the vicinity of Camino Capistrano and Ave La Paloma 3. D12 Sewers located in the vicinity of Descanso Park 4. E8 Sewers located in the vicinity of Ortega Hwy&Belford Drive 5. E9 Sewers located in the vicinity of Ortega Hwy& La Novia Ave. 6. F8 Sewers located in the vicinity of Ortega Hwy&Avenida Linda Vista 7. G7 Sewers located in the vicinity of Ortega Hwy& Shade Tree Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-4 P:\09290\130.09290-10002\Wcdpro0rafis\Spec925.010000 GENERAL REQUIREMENTS.Gocx GENERAL REQUIREMENTS 1.7 CRITICAL NATURE OF THE FACILITIES - It is hereby brought to the Contractor's attention that the subject sewers make the framework of the sewage collection of the entire City of San Juan Capistrano and it is therefore imperative that the Contractor maintain operation of the existing facilities at all times throughout the construction of the proposed improvements. Taking the existing sewage collection facilities out of service for even a short period of time could result in the sewage overflows and extensive damages to a variety of parties. It shall be Contractor's responsibility to adequately size,install and operate the bypass facilities. Any damage done to partially completed work,resulting from inadequately sized bypass,sewage leakage or any other reason shall be the responsibility of Contractor. Damage to partially constructed facilities shall be removed and reconstructed and no additional compensation will be made. Sewage spills shall be immediately cleaned up by Contractor and all permit and/or regulatory violations and/or fines shall be the sole responsibility of Contractor. 1.8 PRECONSTRUCTION MEETING -Within fifteen(15) calendar days after execution of the contract,the Contractor shall schedule,coordinate and attend a preconstruction meeting with the Owner, Engineer, and other interested parties to review the scope of work and schedule. The Contractor shall also provide the Owner with at least one local,24-hour telephone number where the Contractor can be reached day or night,including weekends and holidays. 1.9 CONSTRUCTION SCHEDULE A. General: Within fifteen (15) calendar days after execution of the contract,the Contractor shall prepare and submit to the Owner for review,a progress schedule showing the order in which the Contractor proposes to carry out the Work, the dates on which critical events will occur (including procurement of materials and equipment),and clearly indicate the estimated start and completion dates for the various tasks. The progress schedule shall show the order in which the Contractor proposes to accomplish the Work activities and shall clearly depict the order, interdependence,duration,and workdays for each activity. The progress schedule shall concur with,the interim and final completion requirements of the Contract Documents. The schedule shall show all of the work to be completed for each milestone and interdependence of the various tasks. The schedule breakdown shall be subdivided into areas or facilities in sufficient detail so that the Owner may readily evaluate the Contractor's progress at any given time during the course of the Work and shall be so arranged and itemized as to be of assistance to the Owner in the evaluation of partial estimates and subsequent partial payments. B. Schedule Format: The schedule shall be presented as a detailed bar chart and shall be shown in sufficient detail so as to identify the beginning and end of each of the various construction activities as described above. C. Schedule Updates: The Contractor shall maintain an updated schedule at all times. When so requested by the Owner,an updated schedule shall be forwarded to the Owner within 5 calendar days. If the fifth calendar day falls on a weekend or holiday,then the schedule would be due on the next business day. The Owner's receipt and acceptance of the updated schedule shall be a condition precedent to the issuance of any portion of progress payments. D. Schedule Changes Directed by the Owner: In the event that the Owner is of the opinion that any schedule of operation as thus submitted is inadequate to secure the completion of the work in the time agreed upon,or is otherwise not in accordance with the Contract Documents or if, in the opinion of the Owner,the work is being inadequately or improperly prosecuted in any Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-5 RG NERD REoUREMENTS.do GENERAL REQUIREMENTS respect,the Owner may demand that the Contractor submit new schedules and improve or change the prosecution of the work in such manner as to assure proper and timely execution. The Owner's receipt and acceptance of the updated schedule shall be a condition precedent to the issuance of any portion of progress payments. 1.10 SEQUENCE OF WORK A. Sequence of Work -The Contractor's work schedule shall take into account the following sequence of work items: 1. All submittals for review and approval. 2. Manhole selective demolition (ladder removal),rehabilitation. Temporary bypass sewers may be required for manhole rehabilitation. 3. Cured-in-place-pipe sewer reconstruction. Temporary bypass sewers will be required CIPP sewer construction. 1.11 EXISTING SITE CONDITIONS A. Site Visit: The Contractor shall be responsible for visiting the sites prior to bidding and shall be responsible for having ascertained pertinent site conditions such as location, accessibility,and character of the site and extent of existing improvements thereon. Attention is directed to the location of the site,existing access conditions,work area constraints,nearness to vehicular traffic, transportation and storage of materials,and all other matters which may affect the work or cost thereof under this contract. B. Concurrent Work By Others: Work to be performed by the Contractor may occur concurrently with other work being performed by other Contractors within the vicinity of the project site and public rights-of-way. Therefore,it is the responsibility of the Contractor to identify the site conditions which will be available during the project construction, including construction work area, staging,storage, and access. C. Contractor Responsibility: Failure of the Contractor to be acquainted with the existing and anticipated site conditions will not relieve the Contractor from the responsibility for properly estimating the difficulty or cost for successfully performing all of the work under the Contract. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-6 P'.\09290\136-09290-10002\WordproUratls\SpeclU5-010000 GENERAL REQUIREMENTS.dom GENERAL REQUIREMENTS 1.12 EMERGENCY CONTACT-Arrangements shall be made by the Contractor to insure that a response, in person or by telephone,by a duly authorized and competent representative of the Contractor,will be made within one hour of any emergency calls made by the Owner to the telephone number provided by the Contractor during any hour of the day or night. If the Contractor is unable to respond to an emergency call, the Owner may take any necessary actions to remedy the emergency conditions, at the Contractor's expense,in all cases where the Contractor is obligated or responsible under these conditions. 1.13 SERVICES DURING AN EMERGENCY A. The contractor shall be obligated to assist the Owner in the event of an emergency condition as determined by the Owner in accordance with the requirements of this section. B. The contractor shall make available to the Owner all mobilized equipment and personnel active on the Owner's project and shall provide supervision of such personnel under the direction of the Owner in order to perform required work to properly respond to the emergency condition. C. The contractor shall be compensated for such assistance in accordance with Section 3-3 of the Greenbook. GC-12,cost plus basis of GC-12d and 01230. 1.14 BIDDER'S BREAKDOWN OF LUMP SUM BID- In the case of all work for which a lump sum is named in the contract,the Contractor shall submit a detailed schedule of each lump sum item in accordance with Section 9-2"Lump Sum Work"of the Greenbook. 1.15 WORKING HOURS A. Permits: All field work shall be completed during the night. In addition work shall be executed during the hours specified in the permits. B. Hours: Work is limited to the hours of 9:00 P.M. to 5:00 A.M.,Monday through Friday. Work on Saturdays or Sundays is not permitted. No work of any nature shall commence before 9:00 P.M. including but not limited to: loading,unloading, starting and moving of construction equipment. C. Saturday/Sunday Work: No Saturday or Sunday work will be permitted under this contract except work considered to be an emergency. The Contractor shall request written authorization from the Owner 24-hours prior to any Saturday or Sunday work. D. Holidays: The Owner legal holidays are: New Years Day(January 1), Martin Luther King Day (third Monday in January), President's Day(third Monday in February),Lincoln's Birthday (February 12"'), Memorial Day(last Monday in May),Independence Day(July 4"'),Labor Day (first Monday in September), Columbus Day(second Monday in October),Veteran's Day (November 11),Thanksgiving Day(as proclaimed by the State of California)and the day after Thanksgiving Day, Christmas Eve(December 24"'), Christmas Day(December 25"') and New Years Eve(December 31 Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000 - 7 RT9290\100-09290-10002\WordproDrafls\Spe l Q\ 010000GENER LREQUIREMENTS.docx GENERAL REQUIREMENTS 1.16 LIQUIDATED DAMAGES -Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the Owner. For each consecutive calendar day in excess of the time specified for the completion of work, liquidated damages shall be assessed at the rate of$1,000.00 per calendar day, in accordance with the General Conditions of these Specifications. Liquidated damages will be deducted from monies due or which become due to the Contractor. 1.17 SHOP DRAWINGS, SUBMITTALS AND SAMPLES A. The Contractor is required to prepare and submit Shop Drawing submittals to the Engineer for review and approval. Shop Drawings are required for all materials and equipment proposed to be incorporated into the Work. Shop Drawings shall be submitted by the Contractor in accordance with these specifications. B. The data shown on the Shop Drawings shall be complete with respect to quantities,dimensions, specified performance and design criteria,materials,and similar data to show the materials and equipment the Contractor proposes to provide and to enable the Engineer to review the information for the limited purposes described herein. C. The Contractor shall also submit material samples to the Engineer for review and approval. Each sample shall be identified clearly as to material, supplier,pertinent data such as catalog number and the use for which intended. D. As part of each Shop Drawing submittal,the Contractor shall give specific written notice of all deviations that the Shop Drawing or sample submitted may have from the requirements of the Contract Documents. The Contractor shall also provide a notation of each such variation on each Shop Drawing and sample submitted to the Engineer for review and approval. E. The Engineer will review the Shop Drawings and samples. The Engineer's review and approval or disapproval will be only to determine if the items covered by the submittals generally comply with the intent of the design. The Engineer's review and approval or disapproval will not extend to means,methods,techniques, sequences, or procedures of construction(except where a particular means,method,technique,sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. F. The Engineer's review and approval of Shop Drawings or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents. No portion of the Work requiring a Shop Drawing submittal shall be started until the submittal has been reviewed by and returned to the Contractor with a notation indicating that resubmittal is not required. G. Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Drawings and Specifications and shall not be taken as the basis of claims for extra work. The Contractor shall have no claim for damages or extension of time due to any delay resulting from making changes to Shop Drawings that have been requested by the Engineer. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000 -8 P\09290\13449290-10002\WadproDafis\Spec1\25-010000 GENERAL REQUIREMENTS.dox GENERAL REQUIREMENTS H. The Engineer's review is limited to checking for general conformance with the design intent and general compliance with the information included in the Contract Documents. Any comments included on Shop Drawings are subject to all requirements of the Contract Documents,applicable codes and permits, and do not relieve the Contractor of any project responsibilities and requirements thereof. Approval/Acceptability of a specific item does not imply approval of an assembly of which the item is a component. I. The Engineer will review the initial submittal of Shop Drawings and sample submission and one resubmittal without cost to the Contractor. The cost of the Engineer's review of multiple resubmittals will be billed to the Contractor at the hourly rate of$275 per hour. Multiple resubmittal costs as provided to the Owner by the Engineer,will be deducted from any monies due or which become due to the Contractor. Shop Drawing and Sample Submission Procedures Before submitting each Shop Drawing or sample, the Contractor shall have done the following: 1. Verified and determined all field measurements,quantities, dimensions,specified performance criteria,installation requirements,materials,catalog numbers, and similar information. 2. Verified and determined materials with respect to intended use, fabrication shipping, handling, storage, assembly and installation pertaining to the performance of the Work. 3. Verified and determined all information relative to the Contractor's means,methods, techniques,sequences and procedures of construction,and safety precautions and programs. 4. Reviewed and coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. J. Each Shop Drawing and sample submission will bear a stamp or specific written indication that the Contractor has reviewed and approved all information in the submittal. The stamp or written indication shall state the following: `By this submittal,I hereby represent that I have determined and verified all field measurements,field construction criteria, materials, dimensions,catalog numbers and similar data, and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements." K. Contractor shall submit five(5)copies of each Shop Drawing to the Engineer for review and approval at least thirty(30) calendar days before drawings will be required for ordering materials and commencing the work. L. Every submittal shall be accompanied by a letter of transmittal containing the following: 1. Contractor's name; 2. Project title; 3. Description of the submittal; 4. Submittals shall be numbered as follows: (spec section no.)—(submittal no. for that spec section)—(letter designation for first or subsequent submittal). Example: 03300-008-B; Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000-9 P109290\134-09290-10002\WordproDraft\Spec1\25-010000 GENERAL REQUIREMENTS.docx GENERAL REQUIREMENTS This example indicates Section 03300 Concrete—eighth submittal for Section 03300— first resubmittal. M. Failure of the Contractor to comply with all of the requirements of this section will result in the shop drawings being returned to the Contractor marked"REJECTED." N. Within 14 calendar days of receipt of properly submitted said Shop Drawings,the Engineer will return 2 copies of each drawing to the Contractor with comments noted thereon. Shop Drawings will be returned to the Contractor with one of the following conditions: 1. NO EXCEPTIONS TAKEN - If the drawing is returned to the Contractor marked"NO EXCEPTIONS TAKEN" a revision of said drawing will not be required. When the submittal is returned to the Contractor under this condition,the Contractor may release the equipment and/or material for manufacture. 2. MAKE CORRECTIONS NOTED- If the drawing is returned to the Contractor marked "MAKE CORRECTIONS NOTED" a resubmittal of said drawing will not be required, but the Contractor shall comply with the comments and notations provided by the Engineer. When the submittal is returned to the Contractor under this condition,the Contractor may release the equipment and/or material for manufacture;however, all comments and notations must be incorporated into the final product. 3. REVISE AND RESUBMIT- If the drawing is returned to the Contractor marked "REVISE AND RESUBMIT" then the Shop Drawing may partially meet the intent of the Contract Documents;however significant revision or additional information is required. When the submittal is returned to the Contractor under this condition,the Contractor shall revise said Shop Drawing and resubmit five(5)copies of said revised drawing to the Engineer. 4. REJECTED - If the drawing is returned to the Contractor marked 'REJECTED" then the submittal was not properly submitted or it does not meet the intent of the Contract Documents and the Contractor shall revise said drawing and shall resubmit five(5) copies of said revised drawing to the Engineer,as in the case of an original submittal. O. If so indicated,Contractor shall make corrections requested by the Engineer, and shall resubmit the corrected copies of the Shop Drawings and samples for review and approval. In the case of resubmittals,the Contractor shall direct specific written attention to revisions other than the corrections specifically called for by the Engineer. 1,18 MAINTENANCE AND GUARANTY A. The Contractor hereby guarantees that the entire work constructed under the Contract shall meet fully all requirements thereof as to quality of workmanship and of materials furnished by the Contractor. B. The Contractor hereby agrees to make at the Contractor's own expense any repair or replacement made necessary by defects in materials or workmanship supplied by the Contractor that becomes evident within a two-year period after date of final payment,and to restore to full compliance with the requirements of the Contract Documents,including all test requirements, Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000 - 10 P:�09290v3a-oe290a0002\wordorooarx�s�cl� 010000cENEr LRwUiREMENTs.docx GENERAL REQUIREMENTS any part of the plant facilities or appurtenant works which, during said two-year period ,is found to be deficient with respect to any provision of the Contract Documents. C. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the Owner. If the Contractor fails to make repairs and replacements within 30 calendar days,the Owner may contract with others for performance of the work and the Contractor and the Contractor's surety shall be liable to the Owner for the cost thereof. 1.19 PERMITS AND EASEMENTS OBTAINED BY THE OWNER AND OTHERS A. Other than the permits specifically mentioned herein,Contractor shall take full responsibility for identification of permits,processing permits and paying permit fees. The price for such work shall be included within the various items bid and no additional compensation will be made. B. Work under these Specifications is generally located within the City of San Juan Capistrano,in easements and public rights-of-way. Proper notification and access requirements to any portion of the work area are the responsibility of the Contractor. C. The Contractor shall comply with all rules,regulations, and requirements included in said permits, copies of which have been included as part of these Specifications. All costs incurred due to the permit and license requirements shall be included in the various bid items and no additional compensation will be made. 1.20 PERMITS AND LICENSES TO BE OBTAINED BY THE CONTRACTOR-All other permits and licenses for construction of the project shall be met solely and fully by the Contractor. The Contractor is also responsible for ensuring that permits obtained by the Owner fulfill the intended permitting requirements to perform the Work. All costs incurred due to the permit and license requirements shall be included in the various bid items and no additional compensation will be made. Specific permits identified for this project include(not necessarily a comprehensive list)include the following: A. City of San Juan Capistrano Encroachment Permit; B. Metrolink Encroachment Permit. 1.21 WORK AREA LIMITS,SITE ACCESS,AND MATERIAL STORAGE A. Work shall be limited to the easements,designated work areas, and public right-of-ways as specified. B. Contractor is responsible for identifying and obtaining suitable areas for staging as well as material and equipment storage. 1.22 CONSTRUCTION WATER-Owner will allow Contractor access to specified, metered hydrants with backflow prevention assemblies at no cost to the Contractor. City supplied water shall be used specifically for the purpose of constructing and testing all of the work described in these specifications. Contractor shall be responsible for making arrangements for hydrant Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000- 11 P:�09290nl aa9290-10002�W«dpro0raRs�specl25-010000 GENERAL REQUIREMENTS.dou GENERAL REQUIREMENTS connections and shall supply all labor and equipment to collect,load,transport, and apply water as necessary for authorized construction use. 1.23 DISPOSAL OF CONSTRUCTION WASTE AND EXCESS MATERIAL-Excess excavated soil material shall be removed and disposed of by the Contractor off the project site at the Contractor's expense. Excess soil material shall be routed and disposed of in accordance with all applicable regulations. 1.24 TEMPORARY POWER A. The Contractor shall provide, at the Contractor's own expense, all necessary power required for operations under the Contract,and shall provide and maintain all temporary power lines required to perform the work in a safe and satisfactory manner. B. All temporary connections for electricity shall be subject to the approval of the Owner and the power company representative,and shall be removed in like manner at the Contractor's expense prior to final acceptance of the work. 1.25 CONSTRUCTION LIGHTING -All work conducted under conditions of deficient daylight shall be suitably lighted to insure proper work and to afford adequate facilities for inspection and safe working conditions. 1.26 DUST AND SMOKE CONTROL A. No fuel shall be used nor shall any operation be conducted that will emit into the atmosphere any smoke that is equal to Ringehnann No. 2 or darker. B. No operation shall be conducted that will emit into the atmosphere any flying dust or dirt that is noticeable or that might constitute a nuisance. C. Dust control operations shall be performed to prevent construction operations from producing dust in amounts harmful to,or causing a nuisance to,persons living nearby or occupying buildings in the vicinity of the Work. D. Dry materials and rubbish shall be wet down to prevent blowing dust. 1.27 NOISE CRITERIA-The Contractor shall abide by the exterior noise criteria allowed by the City of San Juan Capistrano and the County of Orange during the applicable hours of construction. 1.28 SANITATION -The Contractor shall famish and install all necessary field toilets, lavatory fixtures,and daily janitorial services for the duration of the Work. These accommodations shall be maintained in a neat and sanitary condition. The Contractor shall remove said facilities within two (2)days after the execution of the Notice of Completion. All facilities hereunder shall conform to or exceed the applicable requirements of Cal-OSHA and the OSHA standards for construction. The Contractor shall furnish all the facilities and means for the proper Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000- 12 P-.\09290\130-09290-10002\WordproDrafls\Spec1\25-010000 GENERAL REQUIREMENTS,doc GENERAL REQUIREMENTS sanitation of the Work and shall hold harmless the City,its officers and employees,from any liability resulting from improper or insufficient sanitation measures. 1.29 ACCUMULATION OF COSTS FOR EXTRA WORK-The accumulation of costs for extra work shall be compiled in accordance with Section 3-3.2 of the Greenbook. 1.30 OVERTIME INSPECTION A. Costs for overtime inspections shall include any inspection required in excess of 8 hours per day. B. All costs of inspection and testing performed by Owner or its authorized representatives before 7:00 A.M. or after 5:00 P.M. on any normal working day,or all Saturdays, Sundays and Holidays, for work by the Contractor which is allowed solely for the convenience of the Contractor shall be borne by the Contractor at the involved agencies standard overtime rates. Current rates may be obtained from the appropriate agency. C. See above for a listing of City legal holidays. D. Costs of overtime inspection will be deducted from any monies due or which may become due to the Contractor. 1.31 SURVEY, STAKING,LINES,GRADES,AND MEASUREMENTS A. Reference lines and grades for the proposed improvements shall be provided by the Contractor. Contractor shall preserve all benchmarks,monuments,survey marks,and stakes, and,in case of their removal or destruction by the Contractor or Contractor's employees,the Contractor shall be liable for the cost of their replacement. B. The Contractor shall keep the Owner informed,48 hours in advance,of the times and places at which the Contractor intends to do work, in order that inspection may be made with the minimum of inconvenience to the Owner or delay to the Contractor. C. Whenever the Owner finds it necessary to carry on operations outside of regular working hours or at other times when the work of the Contractor is not in progress,the Contractor shall furnish all necessary service and assistance. No direct payment shall be made for the cost to the Contractor of any work or delay occasioned by making necessary measurements, or by inspections. D. Field survey and construction staking shall be done by the Contractor. The Owner reserves the right to conduct any of their own surveys at the Owner's convenience to verify constructed lines and grades. 1.32 RECORD DRAWINGS A. The Contractor shall provide and maintain a complete and accurate set of Record Drawings. Such Drawings shall be updated by the Contractor as work progresses. Record Drawings shall Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000- 13 P:\o9z9o�isa-o9z9o-i000z�wordproDrafis�SNcl� 010000 GENERAL REQUIREMEN1s.dou GENERAL REQUIREMENTS be prepared and shall show all changes in the work constituting departures from the original Contract Plans and Specifications. B. Upon completion of each increment of work, all required information and dimensions shall be transferred to the Record Drawings. Changes shall be recorded in a legible and clear manner. Record construction drawings shall be maintained at the jobsite during construction. Facilities and items to be located and verified on the Record Drawings shall include,but not be limited the following: I. Identify rehabilitated manholes, 2. Location of existing laterals, significant defects,repairs, etc. 3. Existing and proposed piping sizes and materials. 4. Curing method used for each CIPP segment. 5. Other related items,as specified by the Owner. C. All conceptual or major design changes shall be approved by the Owner before implementing the change in the construction Contract. If the onsite system is installed prior to plan check approval and/or inspection, all or any portion of the system will be required to be exposed and corrected as directed by the Owner. Failure to comply may result in termination of the Contract. D. The Owner's receipt and acceptance of the Record Drawings shall be a condition precedent to the release of the retention/final payment. 1.33 HAZARDOUS MATERIALS - In the event the Contractor encounters on the site materials that the Contractor reasonably believes to be asbestos or any hazardous substance, and the asbestos or hazardous substance has not been rendered harmless, the Contractor shall immediately cease work on the area affected and report the condition to the Owner. Contractor may continue work in unaffected areas reasonably believed to be safe. 1.34 COORDINATION AND COOPERATION WITH OTHERS A. During the course of the work to be performed under this Contract,it is possible that other public and private agencies,utility companies and other contractors will be performing work in the immediate vicinity. The Contractor shall coordinate construction activities with others and notify affected agencies at least five (5)working days prior to beginning work. The Contractor, under this contract shall schedule work and coordinate operations with others so as to minimize conflicts and interference between the Contractor's operations and those of other workers, in strict accordance with Section 7-7 of the Standard Specifications for Public Works Construction. The Contractor shall schedule all work activities to avoid any conflicts with others. No additional compensation will be provided by the Owner for coordination with others. Agencies that may be performing work in the immediate vicinity may include,but are not limited to: 1. City of San Juan Capistrano Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000- 14 P:\09290\130.09290-10002\WordproDrafis\Spec1\25-010000 GENERAL REQUIREMENTS do GENERAL REQUIREMENTS 2. City of Dana Point 3. City of Laguna Niguel 4. City of San Clemente 5. County of Orange 6. Santa Margarita Water District 7. Moulton Niguel Water District 8. South Coast Water District 9. AT&T Transmission 10. AT&T Distribution 11. Cox Communications 12. Southern California Gas 13. Southern California Edison 14. San Diego Gas and Electric 15. Level 3 Communications 16. Qwest Communications 17. MCI/Verizon 18. Transportation Corridor Agencies B. The Contractor expressly waives any and all rights to snake claim or be entitled to receive any compensation or damages for failure of the Owner or of a utility company,public agency, or other contractor to have related portions of the project completed in time, creating delays, standby or waiting time for work included in this contract. 1.35 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS A. The Contractor shall protect in place or remove and replace existing improvements which may be damaged by the Contractor's operations as specified in Section 7-9 of the Green Book. Existing improvements may include,but are not limited to: curbs, gutters, sidewalks, fences, trees,road delineators,road striping, existing utilities, irrigation lines,pavement and drainage devices. B. The Contractor shall protect in place all existing trees. No equipment shall be operated or parked within the drip line of the trees nor shall any material including dirt of any kind be stockpiled in this area without the specific approval of the Owner,unless otherwise shown. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000- 15 P:\09290034-09290-10002\WordproUrafts\Spec1I25-010000 GENERAL REUUIREMENTS.tlocx GENERAL REQUIREMENTS 1.36 MEASUREMENT AND PAYMENT OF BID ITEMS A. MOBILIZATION AND PREPARATORY WORK(BID ITEM NO. 1) 1. Payment for mobilization and preparatory work will be made at the Contract lump sum price bid therefore in the Bid Schedule,in accordance with the Contract Documents. The Contract lump sum price shall include full compensation for furnishing all labor,tools, equipment,materials and incidentals,and for doing all work involved in mobilization and preparatory work,and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The lump sum bid price shall include,but not be limited to, the cost of movement of personnel,equipment, supplies and incidentals to the project site; for the establishment of offices and temporary facilities and services at the project site;for the securing of permits required for the work and occupancy rights to lands incidental to the work; for payment of premiums for bonds and insurance for the project; for any necessary costs of acquisition of equipment, including purchase and mobilization; for provision, and for any other work and operations which must be performed or costs that must be incurred incident to the initiation of meaningful work at the site, all in conformance with the Contract Documents. 3. When other Contract items are adjusted,mobilization and preparatory work costs will be deemed to have been recovered by the Contractor by the payments made for the mobilization and preparatory work, and will be excluded from consideration in determining compensation therefore. Progress payments for the mobilization and preparatory work shall be subject to retainage as provided within the Contract Documents. 4. The price bid for this item shall not exceed 10-percent of the total of bid items two(2) through seven (7). Progress payments for mobilization and preparatory work will be made as follows: a. For the first progress payment(after the Contractor's acceptance of the Notice to Proceed),40%of the amount bid for mobilization and preparatory work will be allowed. b. When 25%of the total original Contract amount is earned from other items, an additional 20%of the amount bid for mobilization and preparatory work will be allowed. C. When 50% of the total original Contract amount is earned from other schedule items, an additional 20% of the amount bid for mobilization and preparatory work will be allowed. d. When 75%of the total original Contract amount is earned from other schedule items,an additional 10% of the amount bid for mobilization and preparatory work will be allowed. e. When 90% of the total original Contract amount is earned from the other schedule items,the final 10%of the amount bid for mobilization and preparatory work will be allowed. Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000- 16 P\09290\11 U-09290-10002\woreproorafis\Sp cl R5-o10000 GENEe L REQUIREMENTs.aoo= GENERAL REQUIREMENTS B. TEMPORARY SEWER BYPASS (BID ITEM NO.2) 1. Payment for Temporary Sewer Bypass will be made at the Contract lump sum price bid therefore in the Bid Schedule,complete in accordance with the Contract Documents. The Contract lump sum price shall include full compensation for furnishing all labor,tools, equipment,materials and incidentals and for doing all work involved in providing sewer bypass facilities, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be allowed therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of providing all required equipment such as pumps,generators,piping,valving, site cleanup and restoration,all in conformance with the Contract Documents. C. MANHOLE REHABILITATION (BID ITEM NO. 3) 1. Payment for Manhole Rehabilitation will be made at the Contract unit price bid therefore in the Bid Schedule, complete in place, in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for furnishing all labor,tools,equipment,materials and incidentals, and for doing all work involved with constructing Manhole Rehabilitation,and for which payment is not otherwise provided for under the Contract,and no additional compensation will be made therefore, 2. The Contract unit price bid shall include,but not be limited to the cost of manhole cleaning,reconstruction of manhole bench and channels,crack and infiltration repair, application of calcium aluminate mortar and trowel finish,all in conformance with the Contract Documents. D. CURED-IN-PLACE-PIPE 8"DIAMETER(BID ITEM NO.4) 1. Payment for Cured-In-Place-Pipe 8"Diameter will be made at the Contract unit price bid therefore in the Bid Schedule, complete in place, in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for furnishing all labor,tools,equipment,materials and incidentals,and for doing all work involved with constructing cured-in-place-pipe,and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of pre-bid verification of diameter and linear length,pre-installation video, sewer cleaning, installation and curing of liner,trimming and finishing manhole connection, reestablishing laterals and post-construction video, all in conformance with the Contract Documents. E. CURED-IN-PLACE-PIPE 18" DIAMETER (BID ITEM NO. 5) 1. Payment for Cured-In-Place-Pipe 18"Diameter will be made at the Contract unit price bid therefore in the Bid Schedule,complete in place,in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000- 17 P:w92eonaa_09290-10oo2�WordproDafis\Scecl@ 010000 GENERAL REUIREMENTs.docx GENERAL REQUIREMENTS compensation for furnishing all labor,tools,equipment,materials and incidentals,and for doing all work involved with constructing cured-in-place-pipe, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of pre-bid verification of diameter and linear length,pre-installation video, sewer cleaning, installation and curing of liner,trimming and finishing manhole connection, reestablishing laterals and post-construction video, all in conformance with the Contract Documents. F. CURED-IN-PLACE-PIPE 21 ' DIAMETER(BID ITEM NO. 6) 1. Payment for Cured-In-Place-Pipe 21"Diameter will be made at the Contract unit price bid therefore in the Bid Schedule,complete in place,in accordance with the Contract Documents. The unit price for this work shall be per this bid item and no additional compensation will be allowed. The Contract unit price bid shall include full compensation for furnishing all labor,tools,equipment,materials and incidentals,and for doing all work involved with constructing cured-in-place-pipe, and for which payment is not otherwise provided for under the Contract, and no additional compensation will be made therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of pre-bid verification of diameter and linear length,pre-installation video, sewer cleaning, installation and curing of liner,trimming and finishing manhole connection, reestablishing laterals and post-construction video, all in conformance with the Contract Documents. G. TRAFFIC CONTROL,PUBLIC CONVENIENCE AND SAFETY (BID ITEM NO. 7) 1. Payment for Public Convenience and Safety will be made at the Contract lump sum price bid therefore in the Bid Schedule,complete in accordance with the Contract Documents. The Contract lump sum price shall include full compensation for furnishing all labor, tools, equipment,materials and incidentals and for doing all work involved in providing Public Convenience and Safety,and for which payment is not otherwise provided for under the Contract,and no additional compensation will be allowed therefore. 2. The Contract unit price bid shall include,but not be limited to the cost of preparing traffic control plans,implementing the measures specified in Section 7-10 of the Greenbook, required traffic and pedestrian control, safety orders and confined space entry program, all in conformance with the Contract Documents. PART 2 -PRODUCTS -Not Used PART 3 -EXECUTION—Not Used * END OF SECTION 010000 Hydraulic Capacity Project#1 —Sewer Rehabilitation 010000- 18 Pw9290v34-o9290-10002�Womeroorafs�Specl25010000 GENERAL REGuiREMENrs.Eocx GENERAL REQUIREMENTS SECTION 013500—CURED-IN-PLACE-PIPE (CIPP) PART 1 -GENERAL 1.1 INTENT A. It is the intent of this specification to provide for the reconstruction of sewers by the installation of a resin-impregnated flexible fiber tube, which is tightly formed to the original pipe. The resin shall be cured using hot water,steam or ultraviolet light(UV), The cured-in-place-pipe (CIPP)will be continuous and tight fitting. B. All work shall be performed in accordance with applicable OSHA standards,including all requirements for entering and working in confined spaces. C. SUMMARY OF THE WORK "ORTEGA NORTH" Nominal Approximate MH MH Reach Location/Description Sewer Diann Length (in) (ft) 120 149 Ortega Highway 8 408 149 119 Ortega Highway 8 310 119 114 Ortega Highway @ Ave Siega 8 282 127 116 Ortega Highway @ Ave Toyon 8 347 116 179 Ortega Highway 8 382 179 184 Ortega Highway 8 206 184 177 Ortega Highway 8 144 177 125 Ortega Highway 8 364 125 124 Ortega Highway @ Via Cordova 8 254 182 181 Ortega Highway 8 130 181 177 Ortega Highway 8 42 "ORTEGA NORTH"TOTAL: 2,869-LF Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500 - 1 P:\o929o\1aa 92e0-10002�wwaprooaf�\specl� 013500 ciPP,ev.aoc, CURED-IN-PLACE-PIPE "ORTEGASOUTH" Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 145 143 Ortega Highway 8 290 143 137 Ortega Highway 8 400 137 136 Ortega Highway 8 400 136 135 Ortega Highway 8 400 135 134 Ortega Highway 8 170 134 180 Ortega Highway 8 300 180 160 Ortega Highway 8 140 160 137 Ortega Highway 8 250 137 133 Ortega Highway 8 240 133 143 Ortega Highway 8 220 143138 Ortega Highway 8 220 138 142 Ortega Highway 8 220 142 119 Ortega Highway 8 370 "ORTEGA SOUTH"TOTAL: 3,620-1-F "VERDUGO"AREA Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 127 128 Right of Way 8 180 128 120 Right of Way 8 240 120 139 Verdugo St 8 70 139 x?x Los Rios St 8 120 "VERDUGO"TOTAL: 610-LF Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-2 P:T9290\134-09290-10002�wp,drpDrene�specl�5-013500 CiPP,e,d.cx CURED-IN-PLACE-PIPE "LA PALOMA"AREA Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 141 184 Easement 21 210 184 126 La Paloma 21 190 126 127 La Paloma 21 330 127 133 Camino Capistrano 18 458 133 118 Easement 18 475 118 117 ASTF RR Crossing 18 100 117 120 Miguelita Road 18 10 178 129 Alley 8 23 129 132 Alley 8 80 132 122 Alley 8 300 122 125 Alley 8 600 125 124 Alley 8 220 "LA PALOMA"TOTAL: 2,996 "DESCANSO PARK"AREA Nominal Approximate MH MH Reach Location/Description Sewer Diam Length (in) (ft) 113 115 South of Dance Hall 18 240 115 114 South Edge of GW Treatment Plant 18 80 "DESCANSO PARK"TOTAL: 320-LF 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 General Requirements,apply to this Section. B. This specification references standards from the American Society for Testing and Materials, such as: 1. ASTM D543 —Resistance of plastics to Chemical Reagents; 2. ASTM D 638—Tensile Properties of Plastics; Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500 - 3 PW9290\IU4 9290-10002�WordoroDmft\ssoecl�5-013500 ciPP rev.docx CURED-IN-PLACE-PIPE 3. ASTM D790 - Test Methods for Flexural Properties of Un-reinforced and Reinforced Plastics and Electrical Insulating Materials; 4. ASTM D2990-Tensile, Compressive, and Flexural Creep and Creep-Rupture of Plastics; 5. ASTM D5813 -Cured-in-Place Thermosetting Resin Sewer Pipe; 6. ASTM F1216 - Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin-Impregnated Tube; 7. ASTM F1743 - Rehabilitation of Existing Pipelines and Conduits by Pulled-in-Place Installation of Cured-in-Place Thermosetting Resin Pipe(CIDP); 8. ASTM F2019-03- Rehabilitation of Existing Pipelines and Conduits by the Pulled in Place Installation of Glass Reinforced Plastic (GRP)Cured-in-Place Thermosetting Resin Pipe(CIPP); 1.3 SUMMARY A. Section Includes: I. Product,Manufacturer and Installer Pre-Approval Minimum Requirements; 2. Tube Requirements; 3. Resin Requirements; 4. Structural Properties; 5. Design Requirements; 6. Minimum Liner Thickness Calculation Method; 7. Testing Requirements; 8. Installation Responsibilities for Incidental items; 9. Cleaning of Sewer Lines; 10. Bypassing Sewage; 11. Inspection of Prebid Videos; 12. Pre-Installation Videos; 13. Post-Installation Videos; 14. Public notifications; 15. Reinstatement of Branch Connections. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500 -4 P:W9290\130-09290-10002\W ordproD afis\Spao1P25-013500 CIPP.,.d.c CURED-IN-PLACE-PIPE 1.4 SUBMITTALS—As a minimum,Contractor shall submit the following for review: A. Liner tube,resin,sealant fittings, adapters and specials. B. Calculations for liner thickness. C. CIPP System technical literature. D. Certificates and Affidavits 1. Affidavit of compliance with applicable standards for resins and tube materials. 2. Certification that Contractor is a licensed installer of any patented process. 1.5 PRODUCT, MANUFACTURER AND INSTALLER QUALIFICATION REQUIREMENTS A. The sewer repairs specified herein are intended to have a 50-year design life. In order to minimize the Owner's risk,only proven products with substantial successful long-term track records will be approved. All trenchless rehabilitation products and installers must be pre- approved prior to the formal opening of proposals. B. Products and Installers seeking approval must meet all of the following criteria to be deemed Commercially Acceptable: 1. For a Product to be considered Commercially Proven,a minimum of 500,000 linear feet or 4,000 manhole-to-manhole line sections of successful wastewater collection system installations in the U.S. must be documented to the satisfaction of the Owner to assure commercial viability. Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review. 2. For an Installer to be considered as Commercially Proven,the Installer must have had at least 3 (three)years active experience in the commercial installation of cured-in-place- pipe. In addition,the Installer must have successfully installed at least 10,000 feet of the CIPP in wastewater collection systems. Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review. 3. Sewer rehabilitation products submitted for approval must provide third party test results supporting the structural performance(short-term and long-term)of the product and such data shall be satisfactory to the Owner.Test samples shall be prepared so as to simulate installation methods and trauma of the product. Products without independent third party testing verification are not acceptable. Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review. 4. Both the rehabilitation manufacturing and installation processes shall operate under a quality management system which is third-party certified to ISO 9000 or other recognized organization standards. Proof of certification shall be required for approval. Acceptable documentation indicating that this requirement has been satisfied must be submitted to the Engineer for review. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500- 5 P909290\134-09290-10002\WordproDmfls\Sped@5-013500 CIPP rev.docx CURED-IN-PLACE-PIPE C. Documentation for products and installers seeking pre-approved status must be submitted no less than two weeks prior to Bid date to allow time for adequate consideration. Owner will advise of acceptance or rejection a minimum of three days prior to Bid Opening.All required submittals must be satisfactory to the Owner. 1.6 BIDDER'S INSPECTION—Bidder shall examine CCTV video files of sewers and become familiar with the existing sewer conditions prior to submitting a bid. PART2 - PRODUCTS 2.1 MATERIALS A. Tube-The tube shall be flexible, contain the approved resin and meet the requirements of ASTM F1216 or ASTM F1743. The tube shall be constructed to withstand installation pressures,have sufficient strength to bridge missing pipe, and stretch to fit irregular pipe sections. 1. The wet out tube shall have a relatively uniform thickness that when compressed at installation pressures will equal or exceed the calculated minimum design thickness. 2. The tube shall be manufactured to a size that when installed will tightly fit the internal circumference and length of the original pipe. Allowance should be made for circumferential stretching during inversion.Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be utilized. 3. The outside layer of the tube shall be coated with an impermeable,flexible membrane that will contain the resin and all the resin impregnation (wet out)procedure to be monitored. 4. No dry or unsaturated layers shall be evident. 5. The wall color of the interior pipe surface of CIPP after installation shall be a relatively light reflective color so that a clear detailed examination with closed circuit television inspection equipment may be made. 6. The tube shall be marked for distance at regular intervals along its entire length, not to exceed 5 ft. Such markings shall include the manufacturers name or identifying symbol. The tubes must be manufactured in the USA. B. Resin-The resin system shall be a corrosion resistant polyester,vinyl ester, or epoxy system including all required catalysts,initiators or hardeners that when cured within the tube create a composite that satisfies the requirements of ASTM 2019,ASTM F1216 and ASTM F1743,the physical properties herein,and those which are to be utilized in the design of the CIPP for this project. 1. The resin shall produce a CIPP that will comply with the structural and chemical resistance requirements of this specification. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-6 P309290v sa 9290-10002\W«dnrooraft;So clTs013600 CIPP mv.da x CURED-IN-PLACE-PIPE 2. The chemical corrosion resistance of the resin system shall be tested by the resin manufacturer in accordance with ASTM F1216. 2.2 STRUCTURAL REQUIREMENTS A. The CIPP shall be designed per ASTM F1216.The CIPP design shall be based on the assumption that no bonding to the original pipe wall occurs. B. Contractor must have performed long-term testing for flexural creep of the CIPP pipe material installed by said company. Such testing results are to he used to determine the long-term, time dependent flexural modulus to be utilized in the product design. This is a performance test of the materials(tube and resin)and general workmanship of the installation and curing. A percentage of the instantaneous flexural modulus value(as measured by ASTM D790 testing) will be used in design calculations for external buckling. The percentage, or the long-term creep retention value utilized, will be verified by this testing. Retention values exceeding 50%of the short-term test results shall not be applied unless substantiated by qualified third party test data to the Engineer's satisfaction. The materials utilized for the contracted project shall be of a quality equal to or better than the materials used in the long-term test with respect to the initial flexural modulus used in the CIPP design. C. The Enhancement Factor'K' to be used in `Partially Deteriorated' Design conditions shall be assigned a value of 7,no exceptions. D. The layers of the cured CIPP shall be uniformly bonded. It shall not be possible to separate any two layers with a probe. If the layers separate during field sample testing,new samples will be required to be obtained from the installed pipe. Any reoccurrence will serve as grounds for rejection of the work. E. The cured pipe material (CIPP) shall conform to the structural properties, as listed below. Material Strength Standards Property Test Method Low Modulus High Modulus Ultra High Modulus Modulus of ASTM D790 300,000 PSI 400,000 PSI 1,100,000 PSI Elasticity Flexural ASTM D790 4,500 PSI 21,800 PSI Strength Tensile Strength ASTM D638 3,000 PSI F. The required structural CIPP wall thickness shall be based as a minimum, on the physical properties indentified above and in accordance with the design equations in the Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500 -7 P.\09290\13409290-10002\WordpmDrafia\Speci\25-013500 CIPP mv.docx CURED-IN-PLACE-PIPE Appendix XI, design considerations of ASTM F1216, and the following design parameters: 1. Design Safety Factor=2.0 2. Retention Factor for Long-Term Flexural Modulus— 1%-60% 3. Ovality(calculated per ASTM F 1216 X 1.1)= 10% 4. Enhancement Factor, K— 7 5. Groundwater Depth(above invert of existing pipe)=3-feet 6. Soil Depth (above crown of existing pipe)= 10-feet 7. Soil Modulus= 1,000-psi 8. Soil Density= 120-pcf 9. Live Load=H2O(16,000-lbs) 10. Design Condition =fully deteriorated,no existing pipe strength. G. Layers of the tube that are not saturated with resin shall not be included in the structural CIPP wall thickness computation. 2.3 LINING DESIGN—The minimum CIPP liner thickness for the various sewer diameters shall be calculated in accordance with the methods described herein and submitted to the Engineer for review and approval. 2.4 TESTING REQUIREMENTS A. Chemical Resistance -The CIPP shall meet the chemical resistance requirements of ASTM F 1216, Appendix X2. CIPP samples for testing shall be of tube and resin system similar to that proposed for actual construction. It is required that CIPP samples with and without plastic coating meet these chemical-testing requirements. B. CIPP Field Samples - Contractor shall submit test results from field installations in the USA of the same resin system and tube materials as proposed for the actual installation. These test results must verify that the CIPP physical properties specified above have been achieved in previous field applications. Samples for this project shall be made and tested as described below. 2.5 DELIVERY AND STORAGE—Delivery and storage of lining and other materials shall conform to the published requirements of the manufacturer. Contractor is responsible to furnish required storage facilities. Handle lining materials in compliance with manufacture's published recommendations. Damaged material will be unacceptable for installation. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500-8 P'.W9290\134-09290-10002\WordproDraft\Spec1\25-013500 CIPP rev.aocx CURED-IN-PLACE-PIPE PART 3 -EXECUTION 3.1 INSTALLATION RESPONSIBILITIES FOR INCIDENTAL ITEMS A. It shall be the responsibility of Contractor to locate and verify the designated manholes are adequately accessible for the work. Where traffic control is required,it shall be the responsibility of Contractor to prepare traffic control plans for the City's review and implement the traffic control devices as approved by the City. Owner shall also provide access to water hydrants for cleaning,installation and other process related work items requiring water at no charge. B. Cleaning of Sewer Lines—Before lining each segment of sewer pipe,Contractor shall remove all internal debris from the sewer line that could interfere with proper installation of the CIPP. It shall be Contractor's responsibility remove and legally dispose of debris removed from the sewers during the cleaning operation. C. Bypassing Sewage—Contractor shall provide for the flow of sewage around the section or sections of pipe designated for repair. Plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole or adjacent system will be considered an acceptable bypass.The pump(s) and bypass line(s) shall be of adequate capacity to accommodate the sewage flow. Contractor shall submit a detail of the bypass plan for Engineer's review prior to starting work on any segment. It shall be Contractor's responsibility to adequately size, install and operate the bypass facilities. Any damage done to partially completed work,resulting from inadequately sized bypass,sewage leakage or any other reason shall be the responsibility of Contractor. Damage to partially constructed facilities shall be removed and reconstructed and no additional compensation will be made. Sewage spills shall be immediately cleaned up by Contractor and all permit and/or regulatory violations and/or fines shall be the sole responsibility of Contractor. D. Inspection of Pipelines- Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections using close circuit television (CCTV)inspection techniques.The pipeline interior shall be carefully inspected to determine the location of any conditions that may prevent proper installation of CIPP. These locations shall be noted and corrected. A videotape and suitable written log for each line section shall be produced and submitted to Engineer for review. E. Line Obstructions-It shall be the responsibility of the Contractor to clear the line of obstructions such as solids and roots that will prevent the insertion of CIPP. If pre-installation inspection reveals an obstruction such as a protruding service connection, dropped joint,or a collapse that portion of the pipe shall be repaired by trenchless means and no additional compensation shall be made. F. Public Notification-Contractor shall make every effort to maintain sewer service usage throughout the duration of the project. In the event that a connection will be out of service, the longest period of no service shall be 4 hours.A public notification program shall be implemented, and shall as a minimum,require Contractor to be responsible for contacting each home or business connected to the sanitary sewer and informing them of the work to be conducted, and when the sewer will be off-line. Contractor shall also provide written notice to be delivered to each home or business 24-hours prior to the beginning of work being conducted Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500 -9 P,�o9z9misaa9z9o-mooz\worearooraea\Speoi�S-013500 CIPP rev.doox CURED-IN-PLACE-PIPE on the section, and a local telephone number of the Contractor they can call to discuss the project or any potential concerns. G. The Contractor shall be responsible for confirming the locations of all branch service connections prior to installing the CIPP. 3.2 INSTALLATION A. CIPP installation shall be in accordance with ASTM F1216, Section 7,or ASTM F1743, Section 6, with the following modifications: 1, Resin Impregnation -The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin during installation through cracks and irregularities in the original pipe wall. 2. If a vacuum impregnation process is used,the point of vacuum shall be no further than 25-feet from the point of initial resin introduction. After vacuum in the tube is established,a vacuum point shall be no further than 75-feet from the leading edge of the resin.The leading edge of the resin slug shall be as near to perpendicular to the longitudinal axis of the tube as possible. A roller system shall be used to uniformly distribute the resin throughout the tube. If the Installer uses an alternate method of resin impregnation,the method must produce the equivalent results. Any alternate resin impregnation method must be documented to the Owner's satisfaction that the saturation of the CIPP is sufficient. 3. Tube Insertion—The wet out tube shall be positioned in the pipeline using either inversion or a pull-in method. If pulled into place,a power winch should be utilized and care should be exercised not to damage the tube as a result of pull-in friction. The tube should be pulled-in or inverted through an existing manhole or approved access point and fully extend to the next designated manhole or termination point. 4. Temperature gauges shall be placed between the tube and the host pipe's invert position to monitor the temperatures during the cure cycle. S. Curing shall be accomplished by utilizing hot water, steam or ultraviolet light in accordance with the manufacturer's recommended cure schedule. B. DATA RECORDING — During curing of the liner, the following information shall be recorded with respect to time and submitted to Engineer for review. The computer-based recording system shall be tamper-proof and non-editable to the Owner's satisfaction. As a minimum the following data shall be logged: 1. Date and Time 2. Temperature of water/steam or UV light intensity(wattage). 3. Inner pressure of steam, water or air. 4. Exothermic(curing)temperatures. Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500- 10 Paoszsonsa-oszyo-i000z�wwcproDrans\ssaecl z5-013500 CIPP rev.Eocx CURED-IN-PLACE-PIPE 5. Length,diameter and thickness of liner. C. POST INSTALLATION VIDEO—Contractor shall provide one copy of the electronic video files on CD, showing the pipe after lining. Video shall be annotated to indicate all restored services. Video shall include the entire length of all CIPP reaches. D. REINSTATEMENT OF BRANCH CONNECTIONS - It is the intent of these specifications that all branch connections and/or service laterals be re-opened without excavation, utilizing a remotely controlled cutting device,monitored by a CCTV. Contractor shall certify a minimum of two complete functional cutters plus key spare components are on the job site before each installation or are in the immediate area of the jobsite and can be quickly obtained.Unless otherwise directed by Owner or its authorized representative, all laterals will be reinstated. No additional payment will be made for excavations for the purpose of reopening connections and the Contractor will be responsible for all costs and liability associated with such excavation and restoration work. Any damages caused to a business,resident or other customer resulting from Contractor's failure to promptly reestablish sewer service shall be the responsibility of Contractor. E. INSPECTION 1. CIPP samples shall be prepared and physical properties tested in accordance with ASTM F 1216 or ASTM F 1743, Section 8,using either method proposed.The flexural properties must meet or exceed the values listed in Table 1 of the applicable ASTM. 2. Wall thickness of samples shall be determined as described in paragraph 8.1.6 of ASTM F1743. The minimum wall thickness at any point shall not be less than the minimum design wall thickness identified above. 3. Visual inspection of the CIPP shall be in accordance with ASTM F1743, Section 8.6. F. CLEAN-UP - Upon acceptance of the installation work and testing,the Contractor shall restore the project area affected by the operations to a condition at least equal to that existing prior to the work. * END OF SECTION 013500 Hydraulic Capacity Project#1 —Sewer Rehabilitation 013500 - 11 Pa09290�lsa092e0-10002\womPm�art�sceol� 013500 CIPP rev.docx CURED-IN-PLACE-PIPE SECTION 013600—MANHOLE REHABILITATION PARTI -GENERAL 1.1 SUMMARY A. This specification defines the method and material for the rehabilitation of sanitary sewer manholes, utilizing a spray applied calcium aluminate cementitious structural rehabilitation system. The purpose of this project is to obtain a dense and durable concrete lining that is resistant to biosulfuric acid attack and meets the strength requirements described elsewhere in this specification. The work covered in this specification consists of furnishing all labor, equipment, materials, and supervision necessary to accomplish the rehabilitation as specified. When complete the rehabilitated structure shall: 1. Provide for a uniformly smooth surface of specified thickness. 2. Eliminate sources of inflow/infiltration(1/I). 3. Provide a service life that is supported by documented test analysis. B. IDENTIFICATION OF MANHOLES TO BE REHABILITATED "ORTEGA NORTH" Nominal Nominal MH MH Location/Description Sewer Diam. Diam. (in) (in.) 120 Ortega Highway 8 48 149 Ortega Highway 8 48 119 Ortega Highway @ Ave Siega 8 48 114 Ortega Highway 8 48 127 Ortega Highway @ Ave Toyon 8 48 116 Ortega Highway 8 48 179 Ortega Highway 8 48 184 Ortega Highway 8 48 177 Ortega Highway 8 48 125 Ortega Highway @ Via Cordova 8 48 124 Ortega Highway 8 48 182 Ortega Highway 8 48 181 Ortega Highway 8 48 177 Ortega Highway 8 48 "ORTEGA NORTH"TOTAL QUANTITY MANHOLES : 14 Hydraulic Capacity Project#1 —Sewer Modifications 013600 - 1 P:\o9290vl a-09290-10002�Womvroorans\soecl�5-013600 MH coat ngs.doc. MANHOLE REHABILITATION "ORTEGASOUTH" 145 Ortega Highway 8 48 143 Ortega Highway .8 48 137 Ortega Highway 8 48 136 Ortega Highway 8 48 135 Ortega Highway 8 48 134 Ortega Highway 8 48 180 Ortega Highway 8 48 160 Ortega Highway 8 48 137 Ortega Highway 8 48 133 Ortega Highway 8 48 143 Ortega Highway 8 48 138 Ortega Highway 8 48 142 Ortega Highway 8 48 "ORTEGA SOUTH"TOTAL QUANTITY MANHOLES: 13 "VERDUGO"AREA 127 Right of Way 8 48 128 Right of Way 8 48 120 Verdugo St 8 48 139 Los Rios St 8 48 140 Los Rios St 8 48 "VERDUGO"TOTAL QUANTITY MANHOLES: 5 Hydraulic Capacity Project#1 —Sewer Modifications 013600-2 P:\09290\134-09290-10002\WordproDrafl Spact@5013600 MH Coa6ngs.doa MANHOLE REHABILITATION "LA PALOMA"AREA 141 Easement 21 48 184 La Paloma 21 48 126 La Paloma 21 48 127 Camino Capistrano 18 48 133 Easement 18 48 118 ATSF RR Crossing 18 48 117 Miguelita Road 18 48 178 Alley 8 48 129 Alley 8 48 132 Alley 8 48 122 Alley 8 48 125 Alley 8 48 124 Allley 8 48 "LA PALOMA"TOTAL QUANTITY MANHOLES: 13 "DESCANSO PARK"AREA 113 South of Dance Hall 18 48 114 South Edge of GW Treatment Plant 18 48 115 South Edge of GW Treatment Plant 18 48 "DESCANSO PARK"TOTAL QUANTITY MANHOLES: 3 1.2 SEQUENCE OF WORK A. The Contractor's sequence of operation relative to structural rehabilitation shall include, but not be limited to the following: 1. Remove and dispose of existing ladders and/or steps. 2. Eliminate all sources of groundwater infiltration and voids in walls. Hydraulic Capacity Project#1 —Sewer Modifications 013600-3 P\09290\134-09290-10002\WordproDmfts\Specl@5013600 MH Coa6ngs.4ocx MANHOLE REHABILITATION 3. Provide a clean, rough sub-surface sufficiently prepared in accordance with the International Concrete Repair Institute (ICRI) Guideline No. 03732 — Selecting and Specking Concrete Surface Preparation for Sealers, Coatings, and Polymer Overlays to a degree further defined in Part 3 of these specifications. 4. Rehabilitate all interior surfaces including walls, ceilings,benches and channels. 5. Application of curing compound to all repaired surfaces. 6. Third party testing of lining and other structural rehabilitation materials. 1.3 SUBMITTALS A. Contractor shall furnish detailed and complete data pertaining to the surfaces of the structure to be rehabilitated,the rehabilitation product, surface preparation and installation, including curing compound. B. Prior to initiating the Work, Contractor shall inspect the specific manhole, and then submit specific technical data with complete physical properties of the structure to be rehabilitated and the proposed product for the rehabilitation of the structure, as well as a specific plan for sub- surface preparation. C. Work plan indicating not only the order of manholes to be repaired, but also the proposed sequence of activities for each manhole. D. Safety plan. It is the contractor's responsibility to comply with OSHA standards and all regulations pertaining to the work including confined space entry. Contractor shall provide the necessary training and take the necessary measures to provide a safe working environment for workers as well as the public. E. Manufacturer's ISO 9001 certificate and supporting documentation. F. Certified test reports and certificates. 1.4 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other technical specifications as they apply to this Section. B. ASTM C109—Standard Test Method for Compressive Strength of hydraulic Cement Mortars C. ASTM C293 —Standard Test Method for Flexural Strength of Concrete , D. ASTM C321 — Standard Test Method for Bond Strength of Chemical-Grout Mortars E. ASTM C496— Standard Test Method for Splitting Tensile Strength F. ASTM C596 — Standard Test Method for Drying Shrinkage of Mortar Containing Hydraulic Cement G. ASTM C597B—Standard Test Method for Pulse Velocity Through Concrete H. ASTM C666—Standard Test Method for Resistance of Concrete Rapid Freezing Hydraulic Capacity Project#1 —Sewer Modifications 013600 -4 P:Q92so\1 aao9290-10002\W«d,oa.ts\sp.cl2S013600 MH Co.b.p.Eoc. MANHOLE REHABILITATION I. ASTM C882— Standard Test Method for Bond Strength of Epoxy-Resin Systems J. ACI RAP-3— Spall Repair by low Pressure Spraying K. ACI 546R(Chapter 2)-Concrete Surface Repair Using Mortar 1.5 SUMMARY A. Section Includes: 1. Prepackaged Mortar Mix Properties 2. Sampling and Testing Requirements 3. Qualifications of Work Crew 4. Surface Preparation and Mortar Application Procedures 5. Infiltration Remediation 6. Curing PART2 -PRODUCTS 2.1 MATERIALS A. Lining material furnished under this specification shall be a prepackaged mortar mix, including all cement, aggregates, and any required additives. It is the intent of this specification that the Contractor only be required to add the proper amount of potable water so as to produce concrete suitable for spray application. Under no circumstances, shall Contractor add Portland cement, other aggregates, or any admixtures whatsoever to the pre-packaged lining material. Typical package weights shall not be less than 50 lbs and shall be identical for all material furnished on this project. B. The chemical composition of the cement portion as well as the aggregates of the mortar mix shall be as follows: Al2O3 CaO FeO+Fe2O3 SiO2 39-44% 35-39% 9-14% 5-7% C. The properties of the mortar mix shall meet the following Compressive Strength per ASTM C109 >5500 PSI 24 Hours atter mixing Hydraulic Capacity Project#1 —Sewer Modifications 013600 - 5 P09290\134-09290-10002\WordproDrafW\SpeclQ2 013600 MH Coebrgs.0ocx MANHOLE REHABILITATION Flexural Strength per ASTM C293 >1200 PSI 24 Hours after mixing Splitting Tensile Strength per ASTM C496 >800 PSI 24 Hours after mixing Slant Shear Test per ASTM C882 >1200 PSI 24 Hours after mixing Shrinkage at 28 Das per ASTM C596 <0.08%cured m 90%Relative Humidity Freeze/Thaw after 300 Cycles per ASTM C666 No visible damage D. The mortar mix shall be either "SewperCoat PG" as manufactured by Kerneos Inc. — Chesapeake,Virginia or an equivalent substitute approved by Engineer. E. Mortar mix must have at least ten (10) years of successful performance in similar applications and be supplied by an ISO 9001 certified manufacturer. F. In addition, the mortar mix shall be designed to withstand long-term exposure to a bacterially corrosive hydrogen sulfide environment that may be expected to produce a pH of 1 on normal Portland cement based concrete or typical brick and mortar surfaces. G. Water used in mixing shall be fresh, clean, potable water, free from injurious amounts of oil, acid, alkali, vegetable, sewage and/or organic matter. Water shall be considered as weighing 8.32 pounds per gallon. H. Mortar mix shall be stored with adequate provisions for the prevention of absorption of moisture. It shall be stored in a manner that will permit easy access for inspection and identification of each shipment. PART 3 -EXECUTION 3.1 SAMPLING AND TESTING A. A recognized independent testing laboratory shall test mortar materials used on the project. B. The cost of sampling and testing of the mortar mix during placement and the surface to which it is applied shall be born by the Contractor. Other testing required showing conformance with these specifications shall also be the responsibility of the Contractor. C. Any materials failing to meet the requirements of these specifications shall not be incorporated into the Work. If the materials have already been installed when it is determined that they don't meet these specifications,then the subject materials shall be removed and the work repeated with materials that meet the specifications. 3.2 QUALIFICATIONS OF THE WORK CREW A. The lining material Manufacturer shall maintain a listing of competent contractors that have demonstrated requisite skill and training to be qualified applicators of their materials. Hydraulic Capacity Project#1 —Sewer Modifications 013600 -6 P:\09290\134-09290-10002\WordproDrafls\Spec1\25-013600 MH Coabngs.docx MANHOLE REHABILITATION B. Prior to project commencement, Contractor must verify that all Contractor's work crew personnel have performed satisfactory work in similar capacities elsewhere for a sufficient period of time to be fully qualified to properly perform the work in accordance with the requirements of the related specifications. C. Foreman shall have at least 4 years experience with similar work and project conditions. D. Nozzlemen shall be qualified by having had similar work experience. E. Work Crew responsibilities prior to application of lining material shall include the following: 1. Surface preparation as discussed in section 4.1. 2. Ensure the operating air pressure is uniform and provides adequate nozzle velocity for proper compaction. 3. Continuously regulate the water content so that the applied materials consistently achieve proper compaction with a low percentage of rebound and no visible"sag". 4. Ensure that the installation equipment nozzle is held at the proper distance away from and as nearly perpendicular to the prepared sub-surface as the working conditions will permit to secure maximum material compaction with minimum rebound and no visible"sag". 5. Follow a sequence routine that will fill corners with adequately compacted material applied at a maximum practicable layer thickness. 6. Determine necessary operating procedures for placement in confined spaces, extended distances or around unusual obstructions where placement velocities and mix consistency may need to be adjusted. 7. Direct the crew as to when to start and stop the flow of materials during installation and to immediately stop all work when material is not arriving uniformly at the nozzle. R. Ensure that slough pockets are removed and prepared for installation of replacement material. 9. Bring the installed materials to established finished elevations in a neat and timely manner and within established tolerances. F. Applicator's job foreman shall operate the mixing/placing equipment and direct the work of mixing crew personnel. Applicator's work crew shall also maintain proper line pressures throughout the mixing/placing equipment to ensure the necessary consistent nozzle velocity. Applicator's work crew shall further see that all material fed to the nozzle is uniformly fed through this equipment. Hydraulic Capacity Project#1 —Sewer Modifications 013600 -7 Pa09290\13 -09290-io002�WomProorans\specl@5-013600 MH coati n95doox MANHOLE REHABILITATION 3.3 EQUIPMENT - Equipment shall be of spray type and approved by the material manufacturer. Alternate equipment may be utilized provided it meets the performance requirements of the specification. All equipment must be in good condition and fully functional. 3.4 SURFACE PREPARATION A. Sub-surfaces shall be cleaned and made free of laitance,loose material,residue and all existing coating and lining materials. Surface preparation shall meet the requirements of ACI RAP-3 "Spall Repair by Low Pressure Spraying"and ACI 546R"Concrete Repair Guide",chapter 2. B. Sub-surfaces shall be thoroughly saturated with water prior to the application of the lining materials. In no instance shall shotcrete be applied in an area where running water exists. It is the intent of this specification that the existing surface be saturated but free of any running water just prior to installation, otherwise known as "saturated surface dry condition" (SSD). To achieve this condition it may be necessary to presoak the sub-surface for a at least 24 hours. 3.5 OPERATIONS A. The Contractor shall provide all equipment necessary to individually gauge, control, and monitor the actual amounts of all component materials necessary to complete the lining installation. The type of equipment and methods used to gauge, control, and monitor component materials shall be subject to approval by the Engineer. B. All lining materials shall be thoroughly mixed by mechanical means to ensure all agglomerated particles are reduced to original size or removed prior to placement into the application equipment (i.e. the hopper). Each batch of material should be entirely discharged before recharging with fresh material. Mixing equipment shall be cleaned at regular intervals to remove all adherent materials. C. The addition of water to the mix shall be in strict accordance with the Manufacturer's recommendations,measured and documented. D. Re-mixing or tempering shall not be permitted. Rebound materials shall not be reused. 3.6 PROTECTION OF ADJACENT SURFACES - During progress of the work, adjacent areas or grounds which may be discolored, stained or otherwise damaged by dust and rebound material, shall be adequately protected. If spills or overspray to occur, the area shall be cleaned by early scraping,brushing or washing. 3.7 INFILTRATION REMEDIATION A. If infiltration is observed within the structure after surface preparation is complete, a rapid setting crystalline enhanced hydraulic cement product specifically formulated for infiltration control shall be used to stop minor infiltration flows in accordance with the manufacturer's recommendations. The material shall meet the following strength requirements: Hydraulic Capacity Project#1 —Sewer Modifications 013600-8 P:\oezeo\1�92so-mooz\womPmorars\speci�zs-oi Moo MH eoarn9s.do= MANHOLE REHABILITATION Compressive Strength per ASTM 600-PSI 24-Hours C597B 1,000-PSI 7-Days 30-PSI 1-Hour Bond Strength per ASTM C321 80-PSI 24-Hours B. For minor infiltration occurs, approved hydraulic cement materials are Preco Plug, Octocrete, Burke Plug or Engineer approved equal. C. Where infiltration flows are more severe, pressure grouting shall be required. The material for pressure grouting shall be Avanti A-220, DeNeef or Engineer approved equal installed in accordance with the manufacturer's published instructions. D. All materials, labor, equipment, and incidentals required to correct infiltration conditions will be considered incidental to rehabilitation and no additional compensation will be made. 3.8 APPLICATION OF MATERIALS A. Lining material shall not be applied to a frozen surface or to a surface that may freeze within 24 hours of application. Frozen conditions shall be defined as ambient temperatures of 32 degrees Fahrenheit or below. B. Sequence of application may be from bottom to top or vice versa and rebound shall be properly removed. C. Application shall be from an angle as nearly perpendicular to the surface as practicable,with the nozzle held at least 1 foot from the working sub-surface (except in confined control). If the flow of material at the nozzle is not uniform and slugs, sand spots, or wet sloughs result, the nozzteman shall direct the nozzle away from the work until the faulty conditions are corrected. Such defects shall be removed and replaced as the work progresses. D. Application shall be suspended if: 1. Air velocity separates the cement from the aggregate at the nozzle. 2. Ambient temperature approaches freezing and the newly placed lining cannot be protected and insulated. E. The time interval between successive layers of material application must be sufficient to allow "tackiness" to develop but not final set. If final set does occur, this surface shall be prepared as in the case of initial application, which is described above. F. Construction joints within a manhole shall be avoided. In the event a construction joint is necessary and approved by the Engineer,it shall be sloped off to a thin, clean,regular edge, at a 45-degree angle. Prior to placement of the adjoining materials, the sloped portion and adjacent Hydraulic Capacity Project#1 —Sewer Modifications 013600 -9 a:w92eo\lsa 9290-10002\w«aorooara�sue li 5-013600 MH coaen9s.docx MANHOLE REHABILITATION applied material shall be thoroughly cleaned as necessary, then moistened and scoured with an air jet. G. The nozzleman shall bring the material to an even plane and to well-formed corners. IT After the body coat has been placed, the surface shall be trued with a thin-edge screed to remove high areas and expose low areas. Low areas shall be properly filled with additional material to insure a true,flat surface. I. The minimum thickness of concrete lining shall be a 1/2-inch cover over all surfaces. 3.9 CURING A. Once the material has been applied and furnished in accordance to the specifications, a curing compound shall be applied to all surfaces. Curing compound shall meet the requirements of ASTM C309 and shall be approval by the Engineer prior to use. B. Moist curing may also be used in lieu of curing compound. If moist curing is selected, it should be implemented just after the notice of uniform heat generation of the installed lining. Moist curing can consist of the use of soaker hoses, water sprinklers, or vapor/misting machines. Regardless of delivery method,moist curing shall continue for a minimum of 18 hours. *END OF SECTION 099600 Hydraulic Capacity Project#1 —Sewer Modifications 013600- 10 P.\09290\134-09290-10002\Wmdp,ODrafts\SpeclQ2 013600 MH Coabngs.docx MANHOLE REHABILITATION CITY OF SAN JUAN CAPISTRANO PART IV - APPENDICES APPENDIX- A- EXHIBITS Hydraulic Capacity Project#1 —Sewer Rehabilitation APPENDIX P:W9290\13409290-10002\WordproDrafte\Speot\26 Part IV-Appendices do x r O S �i�ss��,lru d ' - O r u w - a �i� 8•'174' - � � � �' O� 0195 - 1I2I'3'98Z'V 999 .E0 0.09% 97.8w 0.90%Eat G t Is _ - - `out _ !� 01 s Ws ST -- II T ZJC.0 C ES c t�•�A.'�p1L � d y� i 178 92.38182230.50%129 CL .-..� RM a"71% / a2.13181.77 0.50% at / m / / / a122 / y � / / 127 128 21"195.50' RUa120 RM 81.90 70.70/70.5.0.08% / 21"332.05' 2,",99.50' 151 0.3980.15 0.08 70.70170.39 0.08% DRP RM 82.54 RM 83.80133 . RM 76.10 Q11-1 w \\a 129 1 117 la RM 11.00 124 J \\ RM n20 RM 76.85 `\ AVE PADRE ` DI I CRpR �} LU r � i �i er Y y� ➢ sr ,1 I 1 4 e � Asa _ \ .FIEID IN 1 r xm A O \• - !t •oma �: r t C �C s�O7 f4 o Oki �8 4i;441 � d0 r / 0.y •t\ x `Q)0 4 i sr 25310 may, III 01I - - RM 147.30 ,.\•�;j . - 124 149.50 - j' 145 O Pw l�i T�' v 14400 1 A471 143 R�t 141.00 �g 137 �e �'Sv - _ 3 - RM 14206 1„jlr O - oC V 11, RAI - 136 lie f; X1`4. RM 13330 135 .¢3\ RM 130.60 21vlc i(Rm::i ltFl` 134III MAO _ - r` '1 Will vifty. F8 N d i i 120 1 - RM 159.00 - / 1gMo9�'�4p• 910 ho O 49 RM 158AO _ - �751�40� X118 -114 } RM 159.80 . ,27 RM 159.20 I 118 RM 155.20 . „1y' 179 RM 145.00 c`,qty�•' , 1'•5� 1 � RM 145. 177 RM 142.10 '1• - - 182 150.0'4' RM 143.20 - 181 i - 300. RM 143.10�30.�, G7 VIA ESTRADA uk PITMI)A _ o 113 RMRM 1O - 70.75, 1145. RM 73.00 115 RM 75.00 - 16"35232' - > 62.50/81.250.36X "'.syTfi - �, CITY OF SAN JUAN CAPISTRANo Hydraulic Capacity Project #1 Sewer Rehabilitation (CIP 7706) March 2010