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10-0818_KANA PIPELINE, INC._Notice of Completion RECORDED AT REQUEST OF AND RETURN TO: Recorded in Official Records, Orange County City of San Juan Capistrano Tom Daly, Clerk-Recorder City Clerk's Office ��U��h�� ND FEE 32400 Paseo Adelanto 201100023529510:04 am 05111111 San Juan Capistrano, CA 92657 47 412 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Maria Morris, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Kana Pipeline Inc. of Placentia, CA for the construction of Domestic Waterlines E13 E14. O That said work was completed on March 3, 2011, by said company according to plans and / specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the r owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 3rd day of May, 2011, by Resolution No. 11-05-03-. That upon said contract, Safeco Insurance Company of America was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 3r�_daIf May, 2011. r Mar` ri , City e City of S n uan C rano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that 1) I have read the foregoing document and know the contents thereof, and the facts therein state are true of my own knowledge; 2) 1 declare the forgoing is true and correct; and 3)the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano, California, this 3r d f May, 2011. I I , Maris ris, tity Cler City of San Juan Capist n CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and KANA PIPELINE.INC. hereinafter referred to as "CONTRACTOR." ITIS 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. 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 DOMESTIC WATERLINE IMPROVEMENTS E13 E14 (CIP 08 03) in strict conformity with the Plans, Specifications and all other contract documents prepared by TETRA TECH, INC. dated July 19, 2010, which documents are on file at the Office of the City Clerk, City I Tall, 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, Five Hundred Dollars($500)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. sr 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. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of anyjudgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. 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. EIGHTIL 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 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. ICity of S Juan Cap strdno I � 1 DATED: BY: Dr. Lon �sUso, Ma BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION A A`I' i Mari s, City Cler APPROVED AS TO FORM: Omar San oval, City Attorne i�M4A RECEIVE'1 OCT - 4 2010 32400 PASEO ADELANTO �� F� J � A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTIfi CA 92875 i� IL(Z�' lgl (949)493-1171 uuw.FREE1171 !,[� SAM A FREESE O (949)4931053 Fe"Fe" Lam/ Bummu FSIIIOSIFI 1961 THOMAS W.HRIBAR www.sanjuancapivtrano.org 1776 MARK NIELSEN • • OR.LONORES USO NOTICE TO PROCEED TO: Kana Pipeline 1639 E. Miraloma Avenue Placentia, CA 92870 Project: Water Pipelines Project E13 E14 Amount of Contract: $657,700 You are hereby notified to commence work on the referenced contract on October 4, 2010, and to fully complete all of the work of said contract within 150 consecutive calendar days thereafter. Your completion date is February 1, 2011. The contract provides for an assessment of the sum of $500 per day as liquidated damages for each consecutive calendar day after February 1, 2011 that the work remains incomplete. Dated this 1 S( October 2010 Christy Jakl Deputy City Clerk ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged by this day of 2010. tf,—ew-rL - Title: f4vy3zr- -k�a-� date Please sign and return one or iginal. retain the other for your records. cc: Joe Mankawich, Associate Engineer SD San Juan Capistrano: Preserving the Past to Enhance the Future €, Printed on 100%recycled Paper CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT: CONSTRUCTION LENDER or EWLES MATERIALS Reputed Construction Lender,if any (name of person or firm furnishing labor services equipment or material) P.O. BOX 578, STANTON, CA 90680-0578 (address of person or firm furnishing labor services equipment or matenall CINONE REPORTED has furnished or will furnish labor,services,equipment or materials of the following general description. AGGREGATE BASE AND/OR ASPHALT/CONCRETE r DISPOSAL — (generet descnpllnn at the labo,.services,equlpmanl or material fumrshed x to be — furnished(for the bolding structure or other work of improvement ("a for the project located at: DOMESTIC WATERLINE IMPROVEMENT 08803 STONEHILL DRIVE & SAN JUAN CREEK 972 A4-A5 OWNER or PUBLIC AGENCY or SAN JUAN CAPISTRANO, CA Reputed Owner DOMESTIC WATERLINE IMPROVEMENT E13 E14(CIP 08803) JOB#4824 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO The name of Ofd person or firm who contracted for the purchase of SAN JUAN CAPISTRANO, CA 92675 such labor,services,equipment or material furnished is KANA PIPELINE An estimate of the total price of the labor,services equipment or materials furnished or to be furnished is: $4,000.00 NOTICE TO SUBCONTRACTORS: If the notice is given Ey a subcontractor who has failed to pay compensation due to his or her laborers on the job, the nonce shall also ranged the identity and address of any laborer and any express trust fund to whom employer payments are due. ORIGINAL CONTRACTOR or NOTICE TO PROPERTY OWNER: Reputed Contractor,If any If bills are not paid in full for the labor,service,equipment,or material furnished or to be furnished,a mechanic s lien leading t0 the loss,through court foreclosure proceedings,of all Of pan of your property being so mprovea may be placed apieal the property even though you have paid your contractor In full. You may wish to protect KANA PIPELINE 1639 E. MIRALOMA AVE. yourself against this consequence by(1)requiring your contractor to furnish a signed release by the person Or PLACENTIA, CA 92870 firm giving you this notice before making payment to your contractor,or(2)any other method or device that is appropriate under the circumstance.Other than residential homeowners of dwelling containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the SUBCONTRACTOR with whom claimant owner with a preliminary 20-say ben notice in accordance with Semon 3097 of the Civil code that a nonce of ,,an contacted completion or notice of cessation has been recorded within 10 days of Its recordation. Notice shad be by SAME AS ORIGINAL regoterea mall,cemnea real(,or fare cross mad,evidenced bye certificates or maienqFailure mnotify will extend the deadlines to retard a lien Dated: March 14 2011 Rachel Acosta(TITLE)ASST.CREDIT MGR. Telephone Number(714)894-1988 EM# ` { D-39781 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098.California Civil Code.THIS IS NOT A LIEN. This is NOT a reflection on the in tegrity of any contractor or subcontractor REPUTED CONSTRUCTION LENDtR You are hereby notified that Orange County Striping Service, Inc. 183 North Pixley Street Orange, CA 92868 License Number 364095 has furnished or will furnish labor,service,equipment or material of the following general description: PAINT OR THERMOPLASTIC STRIPING, PAVEMENT MARKERS, INSTALUREMOVE SINGS, REMOVALS, REPUTED OWNER(S)/PUBLIC BODY SANDBLASTING, BARRICADE,GUARDRAIL for the project located at: CITY OF SAN JUAN CAPISTRANO DOMESTIC WATERLINE IMPROVEMENT F13 E14 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 CIP 08803 The name of the person or firm who contracted for the purchase of such labor,services,equipment or material furnished is: KANA PIPELINE INC. (4824) REPUTED ORIGINAL CONTRACTOR An estimate of the total price of the labor,services,equipment or material is: $ 1050.00 KANA PIPELINE INC. 1639 EAST MIRALOMA AVENUE NOTICE TO SUBCONTRACTORS PLACENTIA CA 92870 If the notice is given by a subcontractor who has failed to pay all compensation due to his or her laborers on thejob,the notice shall also contain the identify and address of any laborer and any express trust fund to whom employer paymcnb are duc. NOTICE TO PROPERTY OWNER If hills are not paid in full for the labor, services, equipment or materials furnished to or to be furnished, a mechanics' lien leading to the loss,through court foreclosure proceedings,of all or Dale: February 17, 2011 part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) Signature: j'G� requiring your contractor to furnish a signed release by the Brittany Patterson, Authorized Agent person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is Telephone (714) 639-4550 appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units,private OCSS JOB NUMBER: 43-1611 project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that The person or firm giving this notice is required,pursuant to a collective a notice or completion or notice of cessation has been recorded Bargaining agreement to pay supplemental fringe benefits into an express within 10 days of its recordation. Notice shall be by registered trust fund(descnbed in Civil Code 131 1 1)-Said fund is identified as follows: mail, certified mail, or first class mail, evidenced by a certificate t ONSTRI itTION LABOERS TRI)ST LOCAL 1184 of mailing. Failure to notify will extend the deadlines to record a lien. X v�w� - - - - - IN ACCORDANCE WITH SECTIONS 3097 AND 3098. CALIFORNIA CIVIL CODE THIS IS NOT A LIEWTHIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 'YOU ARE HEREBY NOTIFIED THAT. . XCAN A F.. CA 928 NAME AND ADDRSS[ LABOR,SERVIC SE EQUIP OR OR MAERIALBftM FURNISHING has furnished or will furnish[shot, serNces,egapment or CALIFORNIA PRELIMINARY NOTICE materials of the following deacrptior - LENg ER(REPUTED) - ORIGINAL cONTRACTOR(REPUTED)- - - 1Iti {14i< ' rt'CF;'Ai}r�r �i a$� FII.'$1 OWNER(REPUTED)OR PUBLIC AGENCY SUBCONTRACTOR WITH WHOM CLAIMANT CONTRACTED for butlding structure or other work of Improvement located at i ( (Y (:)F'* 43f�pJ•JI�F�IIy CAI, 1*1.Th,i'lld NIfill lu'I Ftl I NFI t•INi+011 i:rtk():`: :'.d(10 F'Af4 0 AM-I..AW(') 1-,:-1:1.1.1.../"ANJl..)iiPl'7. -.'A4--7!*' !� ,:fLlttfd {:Ah 74 F W=To Ullcowmwrm 1 f N # :, $g s JfUk.r�cr by8 0tlaStddBd WPep ewlpmseN doleheFtBUAreat., t,!sgiGje6, IY ir:"l'- Plct..f=&+( 1F'{t8t_t(1..> (. _. �r»- a. rpto • { 'kis Name of person or ht@ who contented for purc14a5e ofdol rant Witalsofe - F Yll x'M1 �r'z►"'' .IP .:e�ftFS pCMPREPARED BY., 1 An estimate of total puce or tt(¢!el>Or,soNJCSt, meM,equlD or material is 4SIGNATURYc. _ f L -.r-'d=il (t .J.Bi IL1Tt•' i" ( 1ILf;Y'=: trust funds to which supplemental fringe benefits are (: I (Y UI- ((W Gt—)I'•i S FLAN pavab;e . t.*100h'FtEtF ll f';ItFl.t ff"',"1 O F;f}iaf Jt.lrl(�d C:(i i1!3? C.6a 91 "5 X Joe M CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3095,CALIFORNIA CIVIL CODE***THIS IS NOT A LIEN. ***THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. NOTICE IS HEREBY GIVEN that: OWNER OR REPUTED OWNER OR PUBLIC AGENCY ROBERTSON' S CITY OF SAN JUAN CAPISTR 200 S MAIN ST 32400 PASEO ADELANTO CORONA CA 92882 SAN JUAN CAPISTCAN92675 (951) 685-2200 Has or will Furnish labor,services,equipment,or materials,generally described as: LENDER OR REPUTED LENDER READY MIX CONCRETE, ROCK & SAND To be furnished or furnished for the building,structure or the work of improvement described as follows: STONEHILL DR & SAN JUAN C SAN JUAN CAPISTRANO J .C .N. # 4824 Tract No . DOMESTIC WATERLINE ORIGINAL OR REPUTED ORIGINAL CONTRACTOR Lot No . IMPROVEMENT E13 E14 CIP#08803 KANA PIPELINE INC Cert Num: 21493853 Name of Person or Firm who contracted for purchase of the labor,services, equipment,or materials is: KANA PIPELINE SUBCONTRACTOR with whom claimant has contracted 1639 E. MIRALOMA AVE PLACENTIA CA 92870 As estimate of the total price of said labor,services,equipment or materials is: 1, 867 . 36 ALSO NOTIFIED TENANT OR BONDING AGENT ***NOTICE TO PROPERTY OWNER*** IF BILLS ARE NOT PAID IN FULL FOR THE LABOR SERVICES EQUIPMENT OR MATERIALS FURNISHED Od .. TO BE FURNISHED A MkCHANIC'S LIEN LEADING TO THE _n LOSS LHOPTOFOUCPRPOBENSdOFALRAROYRFORECLOSURE IMPROVED MAY BE PLACED AGAINST THE PROPERTY ('T) 9VEN THOUGH YOU HAVE PAID pYpOUR CONTRACTOR IN v THIS YCONSEQUEINCE OBYO(1)T REQUIRING GYOUR -- -- z CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE J PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR, OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE - D HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY O THE ORIGINAL CONTRACTOR AN ANY LIEN CLAIMANT WHO CD HAS PROVIDED THE OWNER WITH A PRELIMINARY 2Q- DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 70 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE REGISTERED MAIL CERTIFIED MAIL OR FIRST-CLASS TOII�OTIFY WILL EXTEND THE DEADLINESITO REFAILURE LIEN. TED: 01/12/2011 X JjTCi DAIR TINA HAWKINS *****PLEASE ISSUE JOINT CHECKS***** BY ROBERTSON'S P.O. BOX 3600 ��PSES POSJ�CF�ma CORONA, CA 92878-3600 7 02 ,NI $ 03.240 OOU BV029 Bu JAN 12 rJ', 7158 1,76 8812 14 �3 85 ?' MAILED FROM ZIPGODE 9288. IMPORTAP,4 : CALIFORNIiA tELIMINARY NOTICE FTY OI' SAN JUAN] ;TR 2400 YASEO `SAN JUIUQ CAPFS'S 92675 r . 25021 4824 FST SAND AND GRAVEL INC. +�"• 1•"L. 21780 TEMESCAL CANYON RD CORONA,CA 92883 Hasler USA 12/01/2010 2=9�11 $03.242 7111 E 13`t` 2640 12691 113 ]L ZIP 92883 011D106114699 RETUAI fW�EIPT RMIA4ED LLUU CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO S P,' SAN JUAN CAPISTRANO, CA 92675 ill ILL i,,,lii,iiniin,l,ii,ii„ifi.,,i,ini - PF�Et.M iNAR r Ai)-Gi'l't' NOTICE (rPci�Jiw i E if�rJRi{ - - (California Civil Cade Sections 3097, 3111, 3241 3252 et Seq.) *****GENERAL/OTHER CONTRACTOR" *****LENDER/SURETY***'* KANA PIPELINE NONE 1639 E MIRALOMA AVE PLACENTIA, CA 92870 *****CUSTOMER**'*' *****OWNER/REPUTED OWNER***** GOLDEN STATE BORING& PIPE JACKING CITY OF SAN JUAN CAPISTRANO 2028 E CEDAR ST 32400 PASEO ADELANTO ONTARIO,CA 91761 SAN JUAN CAPISTRANO,CA 92675 Job#:9942 You are hereby notified that FST SAND AND GRAVEL INC. has furnished or will furnish labor, service, equipment or material of the following general description: for the building structure or other work of improvement known as REF: MARNIER ST/ALIPAZ-SAN JUAN CAP project, located at, CA. ' - I - *The name of the person or firm who contracted for the purchase of such labor, services,or material is GOLDEN STATE BORING & PIPE JACKING,2028 E CEDAR ST, ONTARIO, CA 91761. *An estimate of the total price of the labor, services, equipment or material is$25,000.00. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished, a mechanic's lien iec;;i�f�iu the i.ss,t±irsegh cru tforeciosure NraCeedtiiyS;oi8ii Otparto�/uur;�ri><teity-1,Eiry so imyruard gray-.e - placed against the property even though you have paid your contractor in full.You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor,or(2)any other method or device that is appropriate under the circumstances.Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail, or first class mail, evidenced by a certificate of mailing. Failure to n, ' will extend the deadlines to record a lien. Prepared for F T SAND D CyRAVEL INC., 21780 TEMESCAL CANYON RD, CORONA,CA 1 92883. JENNIFE SMITH Date Prepared: 11/30/2010 ADMIN ASSIST Telephone: (951)667-3140 x ��'� CALIFORNIA PRELIMINARY 20-DAY NOTICE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE CONSTRUCTION LENDER OR REPUTED CONSTRUCTION LENDER, NOTICE TO PROPERTY OWNER IF ANY If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanic's lien leading N/A to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. OWNER OR REPUTED OWNER You may wish to protect yourself against this consequence by (PRIVATE WORK) OR (1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to PUBLIC AGENCY (PRIVATE WORK) your contractor or(2) k ice tha s City of San Juan Capistrano appropriate under th 32400 Paseo Adalanto SIGNAT E: San Juan Capistrano,CA 92675 DATEPREr ,2010 ORIGINAL CONTRACTOR OR ESTIMATE OE OF LABOR, SERMENT OR REPUTED CONTRACTOR,IF ANY MATERIALS FURNISHED OR TO BE N/A FURNISHED: $32,000.00 SUBCONTRACTOR WITH WHOM CLAIMANT HAS CONTRACTED,IF APPLICABLE Kana Pipeline,Inc 1639 E. Miraloma Ave Placentia,CA 92870 YOU ARE HEREBY NOTIFIED THAT: International Flow Technologies,Inc. 30230 Los Alamos Rd. Murrieta,CA 92563-9402 HAS FURNISHED OR WILL FURNISH LABOR, SERVICES,EQUIPMENT OR MATERIALS OF THE FOLLOWING ^' GENERAL DESCRIPTION: M 10" and 12"Linetops w/materials 0 FOR THE BUILDING, STRUCTURE OR OTHER WORK OF IMPROVEMENT 0 M LOCATED AT: - C: Stonehill Dr and San Juan Creek Iv San Juan Capistrano r1y THE NAME OF THE PERSON OR FIRM WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR, SERVICES,EQUIPMENT OR MATERIALS Kana Pipeline,Inc _____ ____-----------____________________ C213050 CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT .... WEST COAST SAND&GRAVEL CONSTRUCTION LENDER or 7351 WALNUT AVE. BUENA PARK, CA 90621 Reputed construction Lender, if any. (BOND)#08847620 714-522-4403 has furnished or will furnish labor,services,equipment or materials of the following general description: BUILDING MATERIALS&RELATED PRODUCTS, DELIVERY for the building,structure or other work of improvement located at: DOMESTIC WATER LINE IMPROVEMENT E13 E14, SAN JUAN CREEK&STONEHILL (JOB #4824/CONT.#CIP 08803) SAN JUAN CAPISTRANO,CA - —T'r.c..a..,e of the p_-.ac-crLm v.^' coTitrat+ed'•r lh-purchaso-' - - such labor,services,equipment or material is: 71006309264062755218 KANA PIPELINE, INC. 1639 E. MIRALOMA AVE. PLACENTIA, CA 92870 OWNER or PUBLIC AGENCY or Reputed Owner (on public work) 714-986-1400 (on private work) An estimate of the total price of the labor, services,equipment or materials furnished or to be furnished is: $5000.00 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO Trust Funds to which Supplemental Fringe benefits are payable: SAN JUAN CAPISTRANO,CA 92675 NOTICE TO PROPERTY OWNER If bills are not paid In full for the labor, services, equipment, or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your euntrac.or or tZ)any other methtk;or devlca brat is appiopriate c„der the circumstances.Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of Its recordation. Notice shall be by registered mail, 71009309264062755225 certified mail, or first-class mail, evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. Dated 11/15/2010 ORIGINAL CONTRACTOR or Reputed Contractor, if any. -- Pres Signature (title) KANA PIPELINE, INC. 1639 E. MIRALOMA AVE. PLACENTIA, CA 92870 PRELIM SYSTEMS INC.,P.0 BOX 385,LA VERNE,CA 91750-0385 714-986-1400 _ w w PRELIM SYSTEMS, INC �• 1 r'� ��'`�•1,: P.O. BOX 385 6tP"ES P%. LA VERNE,CA 91750-0385 �n z 02 1P $ 005.540 0004454229 NOV 15 2010 x_'640 t275 5iPi.6 MAILED FROM ZIPCODE91750 :TURN I E CE IPT RE WEST ED CITY OF SAN JUAN CAPISTRANO 32400PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 • Dated: 10/12110 CA957825 7114 7389 6621 2142 2365 CALIFORNIA PRELIMINARY NOTI8JCEIVED In accordance with sections 3097 and 3098, California 1%b ode This is not a Lien, This is not a reflection on the integrity of any con a ri�r sQb3npIractor Reputed Owner 1 -You are hereby notified that,_. 10/12110 CA957825 HEAVY EQUIPMENT3MNS � f'I�1 G: `,. CITY OF SAN JUAN CAPISTRANO 13013 TEMESCAL CANYON RD 32400 PASEO ADELANTO CORONA CA 92883 SAN JUAN CAPISTRANO CA 92675 2-Has furnished or will furnish labor, services,equipment, or materials of Reputed Construction Lender or Lessee the following general description: CO#CIP 08803/BOND#08847620 RENTAL OF CONST. EQUIP AON 707 WILSHIRE BLVD#6000 3-An estimate of the total price of the LOS ANGELES CA 90017 labor,services,equipment, or materials furnished or to be furnished is: Reputed Original Contractor g 10,000.00 MONTHLY KANA PIPELINE INC JOINT CHECK REQUESTED 1639 E MIRALOMAAVE PLACENTIA CA 92870 4-The building,structure or other work of improvement is located at: DOMESTIC WATERLINE IMPROV A.D.C. UNKNOWN 08803 E/O CALLE ARDIN OFF OF DEL OSBISPO &STONE- NOTICE TO PROPERTY OWNER HILL & SAN JUAN CREEK IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, SAN JUAN CAPISTRANO CA EQUIPMENT, OR MATERIALS FURNISHED OR TO BE 5-The name of the person or firm who contracted FURNISHED,A MECHANICS' LIEN LEADING TO THE LOSS, for the purchase of such labor,services, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL equipment or material is: OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY KANA PIPELINE INC BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU 1639 E. MIRALOMA AVE HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH PLACENTIA, CA 92870 TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A RELEASE SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE 6 -Name and address of Trust Funds to which BEFORE MAKING FINAL PAYMENT TO YOUR CONTRACTOR Supplemental Fringe Benefits are payable OR(2)ANY OTHER METHOD OR DEVICE THAT IS (if applicable): APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN 5 UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN 7 -Jobsite is Federal Public Work Title 40 USC CLAIMANT WHO HAS PROVIDED THE OWNER WITH A Sec. 270A-270E. PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH Contract# SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN Bond Co: RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL,OR FIRST- CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. Signed FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO Authorized Agent RECORD A LIEN. Construction Notice Services,Inc. 1-800-366-5660 Golden State Boring & Pipe Jacking, Inc. 2028 E. Cedar St. Ontario, CA 91761 Phone: (909) 930.5811 Fax: (909)930-5813 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 October 21,2010 RE: Preliminary 20-Day Notice To: City of San Juan Capistrano We are required by the laws of this state to notify you that we are furnishing labor,services,equipment or materials of the type described on the enclosed California notice for the work of improvement known as the: Domestic Water Line Improvements project, located at Mamier St.&Alipaz St.,San Juan Capistrano,CA 92675. The specific contract information is for General/Prime Contractor Contract#4824. Such labor, services, equipment or materials were contracted for by:Kana Pipeline, Inc., 1639 E. Miraloma Ave., Placentia, CA 92870, who is one of the Owners,General Contractors or Subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor, services, equipment or materials furnished,or to be furnished,the improved property may be subject to a California Claim Of Lien or Stop Notice. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job,but is given merely to comply with the laws of this state. However, to fully protect yourself please consider(1) requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please call me personally at Phone:(909)930-5811. Sincerely. By: �&tA-2/ Erin Ortega, Contract AkwlAtrator Golden State Boring&Pipe Jacking, Inc. X hoc, J.� PRELIMINARY 20-DAY NOTICE(PUBLIC WORK) California Civil Code Sections 3098 TO:PUBLIC AGENCY 1.The name of the personlentity furnishing the labor,service, City of San Juan Capistrano equipment or materials is: 32400 Paseo Adelanto Golden State Boring&Pipe Jacking,Inc. San Juan Capistrano,CA 92675 2028 E.Cedar St. Contract#08803 Ontario,CA 91761 TO:ORIGINAL CONTRACTOR OR REPUTED CONTRACTOR 2.The general description of the labor,service,equipment or Kana Pipeline,Inc. materials furnished or to be furnished by the undersigned: 1639 E.Miraloma Ave. See Exhibit C Placentia,CA 92870 3.Date Claimant first provided said labor,services,equipment or Contract#4824 materials: October 21,2010 4.Estimated Price: $26,730.00 5.The name of the person who contracted for purchase of that labor,service,equipment or material is: Kana Pipeline,Inc. 1639 E.Miraloma Ave. Placentia,CA 92870 6.The description of the jobsite is: Domestic Water Line Improvements Poiject No 972 A4-A5 Kana Job No.4824 Marnier St.&Alipaz Sl. San Juan Capistrano,CA 92675 County of Orange If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a Mechanic's Lien leading to the loss,through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full.You may wish to protect yourself against this consequence by (1) Requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor, or (2) Any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail, certified mail, or first class mail, evidenced by a certificate of mailing.Failure to notify will extend the deadlines to record a lien. VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE(PUBLIC WORK)on behalf of the claimant.I have read the foregoing document and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foreg ing is true and correct. Executed at Ontario,CA on October 21,2010 for Golden State Boring&Pipe Jacking, Inc., 2028 E.C r tan 917§i,Phone:(909)930-5811. By: Erin Ortega,Contract Administrator PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served copies of the above PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) By First Class Certified Return Receipt Requested or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on October 21,2010. 1 declare un t.rr natty of perjury V under the laws of the State of California that the foregoing is true and correct. Executed at Ontario, CA on October 2l 201 By: Erin Ortega,Contract Administrator Exhibit C-Complete Description Of Materials Or Labor Supplied Owner:City of San Juan Capistrano,32400 Paseo Adelanto,San Juan Capistrano,CA 92675 Project: Domestic Water Line Improvements,Podect No 972 A4-A5 Kana Job No.4824,Mamier St.&Alipaz St., San Juan Capistrano,CA 92675 in the County of Orange The following is a complete list,to the best of our knowledge,of all Materials or Labor,which by agreement,were supplied or will be supplied by:Golden State Boring&Pipe Jacking,Inc.,2028 E.Cedar St.,Ontario,CA 91761, Phone: (909)930-5811. Furnish and Install 24"Steel Casing thru Jack&Bore method. File:600608 (CA PB) Customer: RANA PIPELINE INC Notice Requested by: Customer#: 110260 Trench Plate Rental Company Job Name: DOMESTIC WATERLINE IMPROVEMENT 13217 Laureldale Ave. J Job#/PO#:4824/57995/ Downey.CA 90242 888-833-3777 Cert 4: 7179 1380 3630 0696 7691 RE GE_I_V ' PRELIMINARY 20—DAY NOTICE (PUBLIC WOR22DIO OCT 21 P 2: 43 This is not a lien.This is not a reflection on the integrity of an contractor or subcontractor, but the notice prescribed in California Civil Coda set;tion 309$ SAN TO I HE OWNER OR REPUTED OWNER I.The following is a general description of the labor,service, CITY OF SAN JUAN CAPISTRANO equipment or materials furnished or to be furnished by the 32400 PASEO ADELANTO undersigned: SAN JUAN CAPISTRANO,CA 92675 Construction Rental Equipment and Labor 2.Estimated Price: $20,000.00 3.The time of the person who furnished that labor,service, TO THE ORIGINAL OR REPUTED CONTRACTOR equipment or materials is: KANA PIPELINE INC Trench Plate Rental Company 1639 E MIRALOMA AVE 13217 Laureldale Ave. PLACENTIA,CA 92870 Downey,CA 90242 888-833-3777 714-986-1400 4.Date labor,service,equipment or materials first furnished: 10/4/2010 5.The name of the person who contracted for purchase of that labor, 'f0 THE LF.NDER/SURETY OR REPUTED service,equipment or material is: KANA PIPELINE INC FIDELITY& DEPOSIT CO 1639 E MIRALOMA AVE 1400 AMERICAN LANE,TOWER E 19TH FLOOR PLACENTIA,CA 92870 SCHAUMBURG,IL 60196 6.The description of the jobs ite is: Bond/Loan#08847620 DOMESTIC WATERLINE IMPROVEMENT 08803#4824/57995 STONEHILL DR X SAN JUAN CREEK, SAN JUAN CAPISTRANO,CA 92675 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanics' lien leading to the loss,through court foreclosure proceedings of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against the consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractors,or(2) any other method or device that is appropriate under the circumstances.Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded with 10 days of its recordation.Notice shall be by registered mail,certified mail,or first class mail,evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. Dated: 10/20/2010 By: Laura Pavey/CRF Solutions Authorized Agent For: Trench Plate Rental Company PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document,and any related documents,by(as required by law)first-class,certified or registered mail, postage prepaid,addressed to the above named parties,at the addresses listed above,on 10/20/2010.1 declare under penalty of perjury that the foregoing is true and correct.Executed at Simi Valley,CA on 10/20/2010. By: Laura Pavey/Lien Administrator II I I II I III II II I II I III I I I II II it VIII II III 7179 1380 3630 0696 7691 10/20/2010 TPR562 600608 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO , CA 92675 IMPORTANT NOTICE PLEASE READ CAREFULLY Enclosed you will find a notice that is being sent to you on behalf of Trench Plate Rental Company in regards to the construction project known as DOMESTIC WATERLINE IMPROVEMENT 08803 4824/57995 and located at STONEHILL DR X SAN JUAN CREEK , SAN JUAN CAPISTRANO, CA 92675. It is important to note that this notice is not a lien. This is a routine procedure to comply with certain state requirements that may exist and should not reflect in any way on the integrity or credit standing of any of the known interested parties associated with this job. If any information is incorrect, or if you are not associated with this job, please do not hesitate to contact Trench Plate Rental Company at 888-833-3777. File:600608 (CA PB) Customer: KANA PIPELINE INC Notice Requested by: Customer#: 110260 Trench Plate Rental Company Job Name:DOMESTIC WATERLINE IMPROVEMENT 13217 Laureldale Ave. Job#/PO#: 484/57995/ Downey,CA 90242 888-833-3777 Cert 4: 7179 1380 3630 0700 6177 PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) This is not a lien. 'This is not a rellection on the integrity of any contractor or subcontractor, but the notice prescribed in California Civil Code section 3098 SUPPLEMENTAL NOTICE TO THE OWNER OR REPUTED OWNER 1.The following is a general description of the labor,service, CITY OF SAN JUAN CAPISTRANO equipment or materials furnished or to be furnished by the 32400 PASEO.ADELANTO undersigned: SAN JUAN CAPISTRANO,CA 92675 Construction Rental Equipment and Labor 2. Estimated Price: $20,000.00 3.The name of the person who furnished that labor,service, TotHE ORIGINAL OR REPUTED CONTRACTOR equipment or materials Is: KANA PIPELINE INC Trench Plate Rental Company 1639 E MIRALOM.A AVE 13217 Laureidale Ave. PLACENTIA,CA 92870 Downey,CA 90242 888-833-3777 714-986-1400 4.Date labor,service,equipment or materials first furnished: 10/4/2010 5.The time of the person who contracted for purchase of that labor. service,equipment or material is: TO THE LENDER/SURF.TY OR REPUTED KANA PIPELINE INC AON RISK SERVICE 1639 E MIRALOM.A AVE 707 Wilshire Blvd.#2600 PLACEN'1'IA,CA 92870 Los Angeles,CA 90017 6.'she description of the jobsite is: Bond/Loan#08847620 DOMESTIC WATERLINE IMPROVEMENT 08803#4824/57995 STONEHILL DR X SAN JUAN CREEK, SAN JUAN CAPISTRANO,CA 92675 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanics- lien leading to the loss,through court foreclosure proceedings of all or part of your properly being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against the consequence by(I)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractors,or(2) any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of'cessation has been recorded with 10 days of its recordation.Notice shall be by registered mail,certified mail,or first class mail,evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. Dated: 11/2/2010 Laura Pavey/CRF Solutions Authorized Agent For: Trench Plate Rental Company PROOF OF SERV ICE BY MAIL AFFIDAVIT I declare that 1 served a copy of the above document,and any related documents,by(as required by law)first-class,certified or registered mail, postage prepaid,addressed to the above named parties,at the addresses listed above.on 11/2/2010. 1 declare under penalty of perjury that the foregoing is true and correct.Executed at Simi Valley,CA on 11/2/2010. By: Laura Pavey/Lien Administrator 7179 1380 3630 0700 6177 11/2/2010 TPR562 600608 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO , CA 92675 IMPORTANT NOTICE PLEASE READ CAREFULLY Enclosed you will find a notice that is being sent to you on behalf of Trench Plate Rental Company in regards to the construction project known as DOMESTIC WATERLINE IMPROVEMENT 08803 4824/57995 and located at STONEHILL DR X SAN JUAN CREEK , SAN JUAN CAPISTRANO, CA 92675. It is important to note that this notice is not a lien. This is a routine procedure to comply with certain state requirements that may exist and should not reflect in any way on the integrity or credit standing of any of the known interested parties associated with this job. If any information is incorrect, or if you are not associated with this job, please do not hesitate to contact Trench Plate Rental Company at 888-833-3777. 11111111111111111111111 1.411111191 41111111mril 1411,1111 ME]zl.� IN ACCORDANCE WITH SECTIONS 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 'YOU ARE HEREBY NOTIFIED THAT... �a xv M1��'4iXF%b'a u.. a.dS CNAME AND ADDRESS OF PERSON OR FIRM FURNISHING 7 LABOR,SERVICES,EQUIP OR MATERIALS has furnished or will furnish labor, services, equipment or CALIFORNIA PRELIMINARY NOTICE materials of the following descriptionLENDER(REPUTED) ORIGINAL CONTRACTOR(REPUTED) ,i"r I,:, It it 1 -Y'i-ri'l' e-•'f o-.. (1r'H'i l`r.il!Rtr'> 1"� .'i't':K '4`rf:il rdl!I I?'t 4 j-II- 1 OWNER(REPUTED)OR PUBLIC AGENCY SUBCONTRACTOR WITH WHOM CLAIMANT CONTRACTED for building,structure or other work of improvement located at I' i ( •( 01 x;;Flf'.Y! k¢, I f,61'' :i }'I:;'i'i(.J I4'1`} 101"1. 10I. 1.Ill:'P.l itr t�a'�. 'dii�i iiY dCi (J4 I. ir.f�Ii ':,1'001:1-1.(I i 1 r(i i f: l0 - '..'r^r•a -r'1'. 'i r r! .!1)I'dzr If (%,I +r I. 9pppI9��}((x 6W+ .......oro x sx *'..re I.fr.. .,Ik 1 II '"•S: . ,/r '. !� Name of person or firm who contracted for purchase of xa such labor services,equipment or materials is R t'rrrl2(t 1 1(r'If( I it '(il i 1 rl IJd (:-; f'i'-r the f� ' '" + P1 I i"61 it I:IlvIl-i r (/F 9 hyah Tuf g4ffi $ 00 0l to now P•I Ai 1-NI IA L;A'- 'a'tj CPN PREPARED BY: An estimate of the total price of the labor,services,equipment I .. 1 ' i 1 �_• t+ . Iii .'�r j, or material is$ SIGNATURE: I , 1 '1':..Ol T0: f'1 F_Ft`:6: TF:E!AJI If)I'N'I ( I IA !P,; Trust funds to which supplemental fringe benefits are I : I I y (:IJ f;;( N'l'i-WIN I,IFlP IS:i?I✓1-lf,� payable. t l0 I ;� r'�r=:P I) rxt�rl r,frt u iN ACCORDANCE WITH SECTIONS 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY f'ONTRACTOR OR SUBCONTRACTOR. (OU ARE HEREBY NOTIFIED THAT... one F> RECEIVED __ 2010 OCT I I P 12. 42 NAME AND ADDRESS OF PERSON OR FIRM FURNISHING LABOR,SERVICES,EQUIP OR MATERIgLS has fumished or will furnish labor, services, equipment or CALIFORNIA PRELIMINi( t r; ° =" I materials of the following description: LENDER(REPUTED) k'Ok(REPUTED) i 7 III , I Ir ? f�" i::r7l.lt_r vl'"r_ !r,rlf:p•�c..f,ln I, Ni/rd k:AP1A P(FILL TNtk —lAv( f 111 toll OWNER(REPUTED)OR PUBLIC AGENCY SUBCONTRACTOR WITH WHOM CLAIMANT CONTRACTED for building,structure or other work of improvement located at " f":!. T 'r ll( Fa^.ft�aff i(ApJ f. 7-lI'.1 `i t hpf'tt`•I ,1"lhl bi I l '1 I i•1I I PIP'Frfetl<,I t.).:, :'4fft) ! r r F f f 6 1'EI'`CvN I I"I -! f. Ili 1 .1 ! AN II 1601 -.1-t'd" Is ,. y,... rboci PIr).A,311"-'IF•r"rrtrti•,.': o p Name of person or firm who contracted for purchase of such labor,services,equipment or materials is: AOf% P I'F, I i \4,-Af,I,01.1P.I f f',A �J��`� '�� f ( Jf�J CPN PREPARED BY: tlMx� flthl C�[al price of M� OOY;SlrVi��,equipment or material is$ SIGNATURE: k." .1-I'i('':1'-4 10:1'+. Cr tf stt W)tJ5 te'6.bnEiil.djopts, FJIiGIAA'iF:galb6tlfuAsla - payable. .v f. I" T r (IF CAilb+J(JrW CAP.$ S'(RARi ;f4i) F'Faic;IF 0 AT)F 1 ('101l') THIS IS NOT A LIEN. THIS NOTICE IS GIVEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 11111111111111111111111 672180 7196 9004 5236 7218 0022 K54467 YOU ARE HEREBY NOTIFIED THAT... CEMEX CONSTRUCTION MATERIALS 7378 OWNER or Reputed Owner(on private work) 02 PACIFIC LLC or PUBLIC AGENCY(on public work) 3990 E CONCOURS ST#200 ONTARIO CA 91764 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO has furnished or will furnish labor,services,equipment or SAN JUAN CAPISTRANO CA 92675 materials of the following general description: 13278251 READY MIX CONCRETE, SAND AND GRAVEL CONSTRUCTION LENDER or Reputed Construction Lender,if any. for the building,structure or other work of improvement located at: NONE/BOND#08847620/BOND CO: ARCH INSURANCE CO CIP#08803 135 N LOS ROBLES AVE#825 CALLE JARDIN&VIA MAYOR PASADENA CA 91101 SAN JUAN CAPISTRANO CA "DOMESTIC WATERLINE IMPROVEMENT E13&E14" ORIGINAL CONTRACTOR or 3 JOB#4824 Reputed Contractor,if any. PO 458161 714-986-1400 An estimate of the total price of the labor,services, KANA PIPELINE INCequipment or materials furnished or to be furnished is: 1639 E MIRA LOMA $ 10,000.00 PLACENTIA CA 92870 Trust= rust Funds to which Supplemental Fringe Benefits are payable: SUB CONTRACTOR/person or firm Who contracted for the purchase of such labor,services,equipment or materials 7 E MIRA LOMA PLACENTIA CA 92870 D ^' � o o � Z M _ C3 n N M < D - M � a n BY: L 1/Y�lp. IAIr'NYY Agent Dated: 11/23/2010 (Signature) (Title) R NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL. OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. PROOF OF SERVICE BY MAIL AFFIDAVIT I,Cindee Wood,declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORK/PUBLIC WORK)by First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 11/23/2010. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. / BY: L 1/Yjlp. IA)nM& Cindee Wood, Agent Executed at SAN DIEGO,California on 11/23/2010. This form prepared by CAPRENOS INC 4346 Murphy Canyon Rd Suite 200,San Diego CA 92123(800)854-2100,FAX(858)560-7626 r / This is EXHIBIT A, consisting of two pages,referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR p CITY OF SAN JUAN CAPISTRANO PROPOSAL FOR DOMESTIC WATERLINE IMPROVEMENTS 1 E13 AND E-14 1 (CIP No. 08803) 1 BID TO: CITY OF SAN JUAN CAPISTRANO 1 1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement 1 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: 1 1 DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 1 Bidder accepts all of the terms and conditions of the Contract Documents, including without 1 limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the 1 disposition of the Bid Security. I This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise I 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. I Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): i Number Date 7 '�`I �2`�10 Number 2 Date I I a I l o 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: Domestic Waterline Improvements E-13 and E-14 PROPOSAL PAGE 1 P.\0949m134-09290-09001�D.rsSp..kSpe.100\0e ela.00cx BID FORMS This is EXHIBIT B,consisting of one page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR. CITY OF SAN JUAN CAPISTRANO BID SCHEDULE FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) ID Description Estimated Unit Unit Price Extended QuantityPrice 1 Mobilization and Preparatory Work 1 LS j� 000 Cannot exceed 5%of bid items 2-23) 422,000, 7p 22,800_ it 2�, 1A Allowance for Encroachment Permits 3 EA $5,000 $15,000 2 Traffic Control, Public Convenience, Safety 1 LS 6,500 g500 0-0 3 Pothole and Report 4 EA !&650'7c 42,600 4 Sheeting, Shoring, Bracing 1 LS300 R ♦ 3000" 5 Construct 10" Line-Stop (Blue Sail) 1 EA 10,4009i t610,4-00 - 5A t6ld4005A Construct 8" Line-Stop (Coral Reach St.) 1 EA C1 Q 400° 6 Construct 12" Line-Stop (Coral Reach St.) 1 EA (1 OD 11 700 7 Replace 8" Gate Valve 29 EA 377000' 107�io0 8 Replace 10" Gate Valve 3 EA A.600 '1 13 J 9 Replace 12" Gate Valve 4 EA 5110D X00 O 10 Replace 6" Hydrant Gate Valve 14 EA hj cdo z1 5a,000 — 11 Bore and Jack Sta 203+41.75 to 204+11.75 1 LS 3 OOU .6"o.0 12 12"AWWA C900 PVC Waterline 2600 LF 14, 4009- 0 060 13 1"Air Release Assembly 4 EA .SSW 14 Blow-Off Assembly 1 EA 6,$00 66,500 15 Utility Overcrossing Per Det 5, Sht C-105 2 EAilt,5�o 23tw0 16 Testing and Disinfection 1 LS oll 4&0oP� 17 Connection to Existing at Sta 100+00 +/- 1 LSso,00ORO 11001? 18 Connection to Existing at Sta 112+21 +/- 1 LS 2000 o'00000 19 Connection to Existing at Sta 199+95 +/- 1 LS4 0[C�` 4a)oa- 20 Connection to Existing at Sta 213+69 +/- 1 LS C}04.DM 21 Allowance for Overex and Refill 300 CYLV 14 22 Asphalt Removal and Replacement 50,000 SF �j 1400 500 23 Site Cleanup and Restoration 1 LS S'Soo ,Seo TOTAL ITEMS 1 THROUGH 23: $657,7 o Name of Bidder or Firm Domestic Waterline Improvements E-13 and E-14 BID SCHEDULE Pk09290�l0 -09290-0900"Doos%SPeoswddendumo2N09 Btr1 schedule Addendum 2.dooe PAGE 1 –Addendum 2 This is EXHIBIT A, consisting of two pages,referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR 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: JULY Bidder: t-�1`.1� -11`�� tJG By: vd+F-.1�EL 4.cL6 (Signature) Title: p�Cs1'Q�TiT Domestic Waterline Improvements E-13 and E-14 PROPOSAL PAGE 2 P�0929m134-09290-09001�D..s\sspe.\spaa100�03 B,d.0.c BID FORMS IF 1 1 1 1 1 CITY OF SAN JUAN CAPISTRANO 1 INFORMATION REQUIRED OF BIDDERS 1 LIST OF SUBCONTRACTORS 1 FOR 1 DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) / As required under Section 4100, et 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 1 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. 1 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 1 Address 1 2`' CaW Nq� k�P bs'R+rI-T 2 6�I o'73 � 6tu� P.tnA�cat-t 1 /ksPNar-T 1 400 E-6% 1 ('o" fcoI,°12-i) 1 2ci`1 SAr✓1� �t �'�P-� rot E'�`��® (21,3 t 1-A S11'1s 1 2 0Ckz4tkE'r t. cam, 1 ter wo cs CM 61 1 12�' ul�� SSP so'z4Q6 11�1�tztir��tot-�� 1 ¢mow -�tat�nl.oia� S 3 Id VI Nr; WV' 3023 1zs bl.btwo Y-9 1 8" Vlr�c &Tb? neUIZ*JV PAjtIb. qzT 3 1 'W�"f-4 c �y 1623 tl�uia? � t+NI y 4 i4i6 S.(aIPFbCt9 bd UE I SDS `��'-ND+�OtNOi 6-97-rID43 I 1'L6, auTcrt- y V-4Vf0 s k,\'-a, , 1 5 1+.)o LA LoMA VP q LJSY_� Sj,- MP ICp, qj.,6-78 i ' Domestic Waterline Improvements E-13 and E-14 LIST OF SUBCONTRACTORS P\09290\130.09290-090012..\Sp.cS\Spec90\10 Lw fSubs,d.cx BID FORMS 1 1 1 1 1 CITY OF SAN JUAN CAPISTRANO 1 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER 1 AND SUBMITTED WITH BID FOR 1 DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) i State of California ) ss. County of OV-A, GIEF I, being first duly sworn, deposes and says that he or she is {� P1=FcS\9E1-�T of_ Y_4413 , PIPGA'1 > t I 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 there f,to effectuate a collusive or sham Bid. Bidder �1/a Q�P�� ttJE /I By Title `�Z�StDCNT Organization GoYLFC>194l lC3 Address MiF'CSL0N4A. b (6;N4ulr �t acwt- rte ,CA 9z67a Domestic Waterline Improvements E-13 and E-14 NON-COLLUSION AFFIDAVIT P�09290n34.0e290-09009oow\SSpecS\spec Co Il Non CollusiOOAD a BID FORMS M CITY OF SAN JUAN CAPISTRANO BIDDER'S GENERAL INFORMATION FOR DOMESTIC WATERLINE IMPROVEMENTS r E-13 AND E-14 M (CIP No. 08803) r 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: CAIIh V1Pl�-_j'INIF, \NG � 139 �. Mtlzolr.�Mn. iSyErlutr e 0bC.F' , TIL' t4�,A. 612670 2. CONTRACTOR'S Telephone Number: It+ ) Cl Sr. - 1 4CXD Facsimile Number: (-{(t{- ) Ci 86 (41�( ' E-mail address MD�1��k-Pt1nPIPF�1� 1� • C c�M ' 3. CONTRACTOR'S License: Primary Classification ' State License Number(s) 4ro{ 4'b7 ' Supplemental License Classifications 1�1c�N 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety is NP 176ya-r `A' C:ckti PaNY Cyr- "t-2YLANP Address g01 1-10 11y*A l y V;0U 1.6V a.1Z-J7 (aL.61r1�P.I� � (� �11ZC7�✓ I ' Surety Company Agent Telephone Numbers: Agent(C(4;V (moo$- 62)6q Surety( t�1�$) "CA - 2-6404( 5. Type of Firm (Individual, Partnership or Corporation): ��XmhOt 1 6. Corporation organized under the laws of the State of: G�l.l FOfzNllk ' 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: ) �4N1�L l-oC-K�= F�'�1ztGC SC4tut't'Z_ 5�YLG'T'n fz�( /�'tFiS�171b t-fT G1�16't= twfwa��c,��L oE'F'1C67� 1639 M. MVF-�LOml, AYt-,N0t7 k639 6- H1Y=i;-i.oY�tA PVb'NU6 I p1.Du�n.1-CtL� c� gzQTo 1��-�arcA q-i�-Zo I I 1 -- - - I Domestic Waterline Improvements E-13 and E-14 BIDDERS GENERAL INFORMATION P:�09290\13 9290-09001�DockSpecsV9 ec9O�13Bdder General mfn.d.. BID FORMS 1 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 2 (101 9. List at least three related projects of comparable size and complexity completed to date: ' 1. Owner GVT�( (71' ©h1'�PIR-i0 AddressyLJT'A.�to CCc cioC,1^J aV�1.fU6 Contact (z.-[6.0 4W4JO-" Class of work 96C,-(Gl.lq woGtt5121.1r-rE Phone( qDci ) 3,qS - l-Gq4 Contract amount %, \1 46'L, 66 9 `� 1 Project( 14_!'NCJ.r3�VVX`lWL Date completed O(� I'yio� t ' 2. Owner L17`( CYF GI-%ZDV 6RA15 Address Ira�ir¢q�-1 UR�YPG sCP. CfL�+wL Contact M'fU1af, UW14 Classofwork 1 Phone ( IC} ) -14k - SCI71 Contract amount ' Project C -1;]WS1= bn1G -Cs1U36RC Date completed It ' lq I o9 51=wt� � (abfCDK�rV 61�c T �ft�V-svG 3. Owner W rscttc otsTju cr Address F�Rot-ata F A q�lft4 1 Contact 30e, 'o't-o" Class of work Tit---"RG. L>JXn F1A -J Phone(_�lik) x�W�, - CYLILL Contract amount 217 f, 400 � Project( 2oO4J Y29R^d L'zo1-rE Date completed [75-111 17-0( \rV 6'T6YL (71S-tPA , LMY 3r l 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 1 �v� F�r�is'1�Z-wtp.c�!-tblz - sUp�t�''�`�>•11�G>`sT , 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. 1 I I I I l Domestic Waterline Improvements E-13 and E-14 BIDDERS GENERAL INFORMATION P�oszsovaaoszso-osoa��oocs�spe�s�sae=sm�a Md.,G...rarin(odoc+ BID FORMS CITY OF SAN JUAN CAPISTRANO ADDENDUM NO. I TO CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF DOMESTIC WATER IMPROVEMENTS E-13 AND E-14 (CIP 08803) July 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. This Addendum consists of 6-pages and the following attachments: 1. Bid Schedule— I-page 2. Section 15089—Air and Vacuum Valves—3-pages Approved by: Date: Joe Mankawich City of San Juan Capistrano Received by: �<d A P� L1hIFi t I H L• Date: Bidder's Compa y r Bidder's Signature _bt4i Vt_ LxKr__ Bidder's Typed or Printed Name CITY OF SAN JUAN CAPISTRANO ADDENDUM NO.2 TO CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF DOMESTIC WATER IMPROVEMENTS 1113 AND E-14 (CIP 08803) July 19,2010 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 949493-3955 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 3-pages and the following attachments: 1. Bid Schedule— I-page 2. Section 15160—Line Stop Devices 3. Revised Drawings (9 Sheets) Approved by: ` Date: FSG �! O /11 Jankawich City of San Juan Capistrano Received by: Kb -- IN 1 UPI)5 IN(,- Date: 0.7 Bidder's Co p y Bidder's Signature �7AN1 �L 1,OCN4P Bidder's Typed or Printed Name , v CITY OF SAN JUAN CAPISTRANO BID BOND FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) KNOW ALL MEN BY THESE PRESENTS, That IiANA PIPELINE. INC. as Principal,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the"Owner"in the sum Of TEN PERCENT (10%) OF THE TOTAL AMOUNT BID dollars (not less than 10 percent of the total amount of the W) 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: DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No.08803) 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 STH day of_ JULY 2010 IiANA PIP . INC. _(SEAL) (SEAL AND NOTARIAL BY (SEAL) ACKNOWLEDGMENT OF SURETY) Y D'N1tiL Wc.(<t I CV�)VGTSEAL) (SEAL) (Prindpsl) FIDELITY AITD DEPOSIT COMPANY OF MARI'Iak1VD (sur By (swature) JANE KEPNER, ATTORNEY-IN-FACT (signature) Domestic Watadine Improvements E-13 and E-14 BID BOND(BID SECURITY FORM) Pmezea�a+-oezraoeoo»«,seo. +s BID FORMS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A,cTC ,. - , >, c,�Farc;,c:c' P, .�acr :rzcVrk• `.Hr.�nl,cM.i ' If State of California ICounty of On ?O � 10 before me, lel na Fisy,k tnd r 1�{zt n� �� t�, Date I / Here Insetl Name an,Title ,,,a ificer fipersonally appeared T)OJ)IP,I Locke. h Namelq of Signer(S) h� who proved to me on the basis of satisfactory evidence to be the person(q) whose name(y) is/bre subscribed to the within instrument and acknowledged fi to me that he/OWtbey executed the same in fihis/qat/t1W authorized capacity(g), and that by his/Wilrtt it signature(s) on the instrument the GINA FISHKIND person(p, or the entity upon behalf of which the Commission• 1868237 Z personoo acted, executed the instrument. Notary Pubk-California > Camm�auo�t15 2013 I certify under PENALTY OF PERJURY under the fi laws of the State of California that the foregoing fi paragraph is true and correct. , WITNESS my hand and official seal. I fi Signatur . A/ Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the documenths fi and could prevent fraudulent removal and reattachment of this form to another document. 5� Description of Attached Document p c T ��(� 1 fi Title or Type of Document: 5 t lb(9rd 'TGY Jo lb-F T 2H - I�& ? Document Date: I ' r1;Y1"- '2D 10 Number of Pages: ;5 fiSigner(s) Other Than Named Above: J6g„Q. n-x.YY1 PA" Capacity(K Claimed by Signero fi Signer's Name: Dini'yi Sigis Nam - §4. me: § . Corporate Officer—Title( :- Ruts,&Dnp- C Corpo to Officer—Title(s): i, ❑ Individual ❑ Individua I. Partner I Limited G General T of thumb here ❑ Partner— 'mited ❑General Top of thumb here b I 1 Attorney in Fact 1 Attorney in Fact ? ❑ Trustee C Trustee I Guardian or Conservator ❑Guardian or Conservato ❑ Other: _ ❑Other: Signer Is Representing: Signer Is Representing: , ®2008 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•ChatsworM,CA 91313-2402•www.NationalNotary.org Item%5907 Reorder:Call Toll-Free 1-800-876-6827 IOIAH2H A^j `AM • noiazlmmoa ' i SMOM U 31$dUq VIOGM rrnuoJ apnnU s' Etos'dr uO nri r3 mmoJ VM 3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT f State of California !Ei s: !i County of Orange f3€ 3 r �i f< On JU! 0 8 2010 before me, K. Luu, Notary Public (Hee insert name and title of the officer) £i I personally appeared Jane Kepner who proved to me on the basis of satisfactory evidence to be the person(s) whose namo(s)is/are subscribed to ri the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of gi which the person(s)acted,executed the instrument. j I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K. L'J;1 WITNESS my and o hind fficial seal. h danc cIJe cc .nry R: !/ :c! ovb `C11 1 �'b 4>^'e 1S'"1m '^P"e^'r e...T'M•4'Ri".Acry-� (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION s INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as z; DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be ' properly completed and attached to that document. The only exception is if a document is to be recorded outside ofCallfarnia In such instances,any alternative k? (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary in do something that is illegal for a notary in California(Le, certoing the authorized capacity of the signer). Plants check the (Title or description of attached document continued) document carefuflyfor proper notarial wording and attach this form Ifrequired. H: • State and Countyinformation most be the State and County where the document ty Number of Pages_ DOCll[I1ent Date si6ne(a)Petsona personally before the no YPublic For acknowledgment �j • Date of notarization most be the date that the signer(s)personally appeared which S)i must also be the same date the acknowledgment is completed. 9i =� (Additional information) • The notary public must print his or her name as it appears within his or her i' commission followed by a comma and then your title(notary public). p' • Print the name(s) of document sigoer(s)who personally appear at the time of li notarization. ski CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forme by waxing off incorrect form,(i.e. ': '•�'. Mhhd is lore or circling the correct forms.Faihue to turret ❑ Individual(s) ) r"g sly indicate this ; information may lead to rejection of doenment recording. ❑ Corporate Officer • The notary seal impression must be cleat and photo gnplircally reproducible. hnpresaicn moat not cover text or lines.If scat impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Parkner(s) • Signature of the notary public must match the signature on file with the office of '`� the county clerk. ® Attomey-in-Fact Additional information is mol required but could help to ensure thio ❑ Trustee(s) acknowledgment is not misused or attached to e different document s' ❑ Other Indicate title or type of attached document,member of pages and date. !i Indicate the capacity claimed by the signer.If the claimed capacity is a corporate Offices,indicate the title(ie.CEO,CPO,Secretary). • Securely attach this document to the signed document d - ,..,. .........._..................._.........gra'.:....:........:.:.:'::.:.:..:..:.._...._.::..<.xa::. ......<;,,e.�s..,... .�:.n�_,:<.;;�;;.�.-,.:x ,:,:�:.�;�:...::.::.,,..,,,.:.:,:13i Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dat h e y nominate,constitute and appoint Jane KEPNER,of Irvine,California, its true and lawful n- make,execute, seal and deliver,for,and on its behalf as surety,and as its act and o ngs,and the execution of such bonds or undertakings in pursuan o s on said Company,as fully and amply,to all intents and purposes,as if xe E ged by the regularly elected officers of the Company at its office in Ba ' re 1 �rr This power of attorney revokes that issued on behalf of Jane Kep Iry 7 The said Assistant S>r at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- any,and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of April, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ' v�,v ptvpsG �'Ojv n e ' 4WD By: % Eric D. Barnes Assistant Secretary William J Mills Vice President State of Maryland1 ss: City of Baltimore f On this 26th day of April, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. "gnno`o• Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 012-5026A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto" CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said Company, JUL 0 8 2010 this day of Assistant Secretary EXECUTED IN DUPLICATE BOND NO. 08847620 PREMIUM:$8752.00 CITY OF SAN JUAN CAPISTRANO PERFORMANCE BOND FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) KNOW ALL MEN BY THESE PRESENTS, That RAN as Contractor, And FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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 SEVEN THOUSAND SEVEN HUNDRED AND 00/100 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: DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No.08803) 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 6TH day of AUGUST 20 to Contractor K PIPELINE INC. Surety FIDELITY AND DEPOSIT COMPANY OF RYLAND By —1 i- By 7 NE KEPNER Title fSlbCJ7— Title ATTORNEY-Dv-FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY Domestic Waterline Improvements E-13 and E-14 PERFORMANCE BOND P:\092901130.09290-09001\Do®\SpaolSpec9U16 Perf"rmanra eontl.tlocx AGREEMENT AND BONDS CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT iii State of California ii County of Orange On ii AUG 06 2010 before me, K. Luis, Notary Public (Has lesser name and title of the officer) personally appeared Jane Kepner who proved to me on the basis of satisfactory evidence to be the person(s)whose namq(s)is/are subscribed to is the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of i4 which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K. LU!" WITNESS my hand and official seal. I .1 qo Ccur ty (Notary Seal) VC,2011 Signature of Notary public iii iji ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Cafi)irnia must contain wrhisge cawctly as, jj DESCRIPTION OF THE ATTACHED DOCUMENT appears chow In the notary section or a separate acknowledgment form mat be Iii properly completed and attached to that document. The only exception is if a document Is to be recorded outside of Calffimnla.In such instances,any alternative vi acknowledgment verbiage as my be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in California(Le. cert6ing the authorked capacity of the signer).Please check the document corefulyfor proper notarial wording and attach thisform orrequired. 111� (Title or description of attached document continued) . State and County information must be the State and County where the document Number of Pages DocalinentDate • ignorts)personally appeared before the notary public for acknowledgment. - Date of notarization must be the date that the signm(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional tru(mrantum) o The notary public mug print his or her nature a it appease within his or her commission followed by a conan,and than your title(notary public). 0 Print the tasse(s) of document signer(s) who personally appear at the time of notarization, CAPACITY CLARYIED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. halshattlesyr is/me)or circling the correctfonns.Failust,to correctly indicate this 0 Individual(a) information may lead to mi of document recording. 0 Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression=at not GOIRT=t Of lines.If Seal impression smudges,re-seal if a T (ride) sufficient area permits,otherwise complete a different acknowledgment to=. • Signature of the notary public must match the signature on file with the office of El Partner(S) the county clerk. IN Attomey-in-Fact Additional information is not required but could help to ensure this F 0 Trustee(s) acknowledgment is notmisused"attached to a alarent document 0 Other v indicate title or type of attached document,numb"of pages and date. • Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary), • Securely attach this document to the signed document EXECUTED IN DUPLICATE BOND NO.08847050 PREMIUM INC'LUED IN PERFORMANCE BOND CITY OF SAN JUAN CAPISTRANO PAYMENT BOND FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) KNOW ALL MEN BY THESE PRESENTS, That RANA FIFY Z.INC.,AS CONTRACTOR,AND FIDEI=AND DRFOSIT COD ANY OF MARYLAND 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: SIX HUNDRED FIFTY SEVEN THOUSAND SEVEN HUNDRED AND 00/100 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: DOMESTIC WATERLINE IMPROVEMENTS E13 AND E-14 (CIP No. 08803) 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 Domestic Waterline Improvements E-13 and E-14 PAYMENT BOND PAN113aWe -MMlXDOM\ peoe\4PeoBO17 Payment BoM.doc AGREEMENT AND BONDS 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 oTa day of AUGUST 20 Io Contractor INE. INC. Surety FTQAkWj AND DEPOSIT CO PANY OF D AND By By JA4E KEPNER Title ��FSiy��✓1 Title ATTORNEY-IN-FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Domestic Waterline Improvements E-13 and E-14 PAYMENT BOND P109290113109290-090010=lSpee pecWV Payment Bond.&" AGREEMENT AND BONDS .................................................. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT i` State of California is County of Orange On AU� 0 2010 before me, K. Luu, Notary Public I- (Hae insert name and title of the officer) personally appeared Jane Kepner Nu: i who proved to me on the basis of satisfactory evidence to be the person(s) whose names)is/are subscribed to Ni the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of is j which the person(s)acted, executed the instrument. i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ii WITNESS my hand and official seal. _; '� <%n v 7756!1 : 4o y F, - C.rffx�ta -3 (Notary Seal) -` Signalure of Notary Public ' - , ti..,,,.y.„=• ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM An acknowledgment completed in Call ornia moat contain verbi jE Y Stn P f age exactly f i DESCRIPTION OF THE ATTACHED DOCUMENTappears above In the notary section or a separate acknowledgment form mast be 6e properly completed and attached to that document. The only exception is if a document Is m be recorded outride ofCalbbrnla In such instances,any alternative (ritle or description ofattached document) acknowledgment verbiage as may be printed on such a document so long as the fi verbiage does not require the notary to do something that is illegal for a notary in California(ie. certifying the authoraed capacity of the signer).Please check the (Title or description of attached document continued) document carefullyfor proper notarial warding and attach thisform frequired. '. • State and County information must be the State and County what the document Number of Pages_ DOCII[rlent Date sign r(s)personally appeared before the notary public for seknowledgment. i Date of notarization most be the dote that the signer(a)personally appeared which ij3? most also be the same data the acknowledgment is completed. 3' yi (Additional information) • The notary public must print his or her name ere it appear within his or her commission followed by a comms and than your title(notary public). ! i( o Print the name(s) of document signa(s)who personally appear at the time of I notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forme by crossing off incorrect forms(i.e. iFM/shd[M),,-in./are)or circling the cancer forms.Failure to correctly indicate this b(; ❑ Individual(s) information may lead to rejection of document recording. Y: jj ❑ Corporate Officer • The notary scal impression must be class and photographically reproducible. ( Impression must not cover text or linea.If seal impression smudges,re-scal if a iji (Title) P P acknowledgment sufficient we� ermits,otherwise complete a different acknowled d ❑ Panne s Signature of the notary public must match the signature on file with the office of 3i � ) the county clerk. 3: !` IX Attorney-in-Fact Additional information is not requited but could help to ensure this ri ❑ Trustee(S) acknowledgment isnot misused or attached W e different document. i ❑ OtheI Indicate title or type of attached document,number of pages and date. t' te Indicate the capacity claimed by the signor.If the claimed capacity is a ` corporate officer,indicate the title(i.e.CEO,CFO,Secretary). ) t? • Securely attach this document to the signed document $i Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a c@s by nominate,constitute and appoint Jane KEPNER,of Irvine,California, its true and lawful tt make,execute,seal and deliver, for,and on its behalf as surety,and as its act anWxeS444 o ngs,and the execution of such bonds or undertakings in pursuan o on said Company,as fully and amply,to all intents and purposes,as if b ged by the regularly elected officers of the Company at its office in Ba r0 it r�yJ s power of attorney revokes that issued on behalf of Jane Kep ovT�R 7-2 The said Assistant SE t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- y,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of April, A.D, 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '^o orvos�. Eric D.Barnes Assistant Secretary William J Mills Vice President State of Maryland 1 ss: City of Baltimore f On this 26th day of April, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seat of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. "ppl,Ogy. 'o�%irnilik:i•�: Constance A. Dunn Notary Public My Commission Expires: July 14,2007 POA-F 012-5025A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do firther certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, AUG 0 6 2010 this day of , Assistant Secretary EXECUTED IN DUPLICATE BOND NO.08817020 PREMIUM:$8752.00 CITY OF SAN JUAN CAPISTRANO PERFORMANCE BOND FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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: SIR HUNDRED FIFTY SEVEN THOUSAND SEVEN HUNDRED AND o0/100 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: DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No.08803) 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 BTU day of AUGUST , 20 Io Contractor RAN ' LINE INC. Surety FIDELITY AND DEPOSIT COMPANY RYLAND By A - By 0 TANE�HEPNER Title •2 C 5 .D£'j- Title ATTORNEY-IN-FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY Domestic Waterline Improvements E-13 and E-14 PERFORMANCE BOND P109290\134083tU�001\OomlSpers\Spec90\18 Perfmmence Wna.d= AGREEMENT AND BONDS :yam:..ate-.,re+vt..�.«�.;�;,W;:x� a:.�;-„;�e-!.^._:.�+�;e;:.::::...�;>.-::�-W.�sou_..»:a.^.*.�<xam,,..,,�a .:;;..,�..m:.z,.,:n�„�,;wk:..�,i;:�ex•�:;.;;e=a-:::--r�:,sari:.",:�:b:�!.�a-.:.�:.��yu�a.�:;:.........,ems;..-.M,yt.:�:;a,;,,,.:.�: i CALIFORNIA ALL—PURPOSE ' CERTIFICATE OF ACKNOWLEDGMENT i is 7 5: is State of California County of Orange is u; } On AUG 0 6 2010 before me, K. Luce Notary Public j (Here insert name and title of the officer) �i personally appeared Jane Kepner 5; who proved to me on the basis of satisfactory evidence to be the person(s) whose namo(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 3; capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of i which the person(s)acted,executed the instrument. ii I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. € 1. Yi Signature of Notary Public (Notary Sul) N0,162011 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly ar li i[j DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment foml must be i properly completed and attached to that document. The only acception is if a document is to be recorded outside ofCalftan ornia.In such instances,any alternative �” acknowledgment verbiage as may be printed on such a document so long as the di } (Title or description of attached document) verbiage does trot require the notary to do something that is illegal for a notary in California(Le. certifying the authorized capacity of the signer). Flews check the (Title or description of attached document continued) document carefuliyfor proper notarial wording and attach this form Ifrequired, i • State and County information must be the State and County where the document Number of Pages_ Document Date signar(s)personally appeared before the notary public for acknowledgment i • Date of notarization must be the data that the signa(s)personally appeared which must also be the same data the sclmowledgmem is completed. i i; (Additional information) The notary public must print his or her name as it appears within his or ha 1E! commission followed by a comms and than your title(notary public). ' • Print the rsame(s) of document sigour(s) who personally appear at the lime of i notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct smguar or plural forma by crossing off incorrect forma ha/andWayr is/are)of circling the correct fouls.Failure to correctly indicate this 4 ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clew and photographically reproducible. haprasion must not weer text or linea.If seal impression smudges,re-scal if a :' (Title) sufficient ares permits,otherwise complete a different acknowledgment form. ❑ Partner(S) • Signature of the notary public must match the signal=on file with the office of the county clerk. ® Attomey-in-Fact Additional information is not required but could help to ensure this j ❑ Trustee(s) acknowledgment is notmisused or attached to a dtlt'eram document. ❑ Other Indicate title or type of attached document,number of pages and date. i( Indicate the capacity claimed by the signer.If the claimed capacity is a corporate offices,indicate the title(i.e.CE0,CFO,Secretary). ea • Securely attach this document to the signed document 8. a: £; i EXECUTED IN DUPLICATE BOND NO.08847840 PREMIUM WN URD W PERFORMANCE BOND CITY OF SAN JUAN CAPISTRANO PAYMENT BOND FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) KNOW ALL MEN BY THESE PRESENTS, That.I APIP8 Z,WC.,AS CONTRACTOR.AMDFIDBLiTYAND D8 OS=COMPAI OF MARY D 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: SIX HUNDRED FIFTY SEVEN THOUSAND SEVEN HUNDRED AND 00/100 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 specked or indicated in the Contract Documents entitled: DOMESTIC WATERLINE IMPROVEMENTS E13 AND E44 (CIP No.08803) 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 Domestic Waterline Improvements E-13 and E-14 PAYMENT BOND PADS p\I3 Q]BO4900M-WSP�Px 17Poym B ne. o AGREEMENT AND BONDS 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 eTa day of AUGUST 20 io Contractor Surety FIDELITY AND DEPOSIT COMPANY OF By By MARTrAND p J KEPNER Title /�%DH✓T Title ATTORNEY-IN-FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Domestic Waterline Improvements E-13 and E-14 PAYMENT BOND PADgMI340gD0-0 MIXDP PrsLSPe MIIPaYm BOM.E AGREEMENT AND BONDS r CALIFORNIA ALL-PURPOSE iiH CERTIFICATE OF ACKNOWLEDGMENT j State of California 1i! � County of Orange ; H: k: i; AUG 0 6 2010 is On before me, K. Luu. Notary Public (Hae insert name and title of the offica) personally appeared Jane Kepner who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to k the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized c acity(ies), and that b his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of j? aP Y tY P q which the person(s)acted,executed the instrument. ji l: Iij I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L N+ - (� WITNESS my hand and official seal. q I' ( (Notary Seal) • -�, _ �' i f �, b` i. Signature of Notary Public ' I:i ci is ji ?! ii ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain w;rbiage exactly as DESCRIPTION OF TEE ATTACHED DOCUMENT appears&bow:in the notary section or a separate acknowledgment form must be properly cottrpleted and attached to that document. The only exception is If a document is w be recorded mulde ofCallfanla.In such instances,any a1mrnarrm j acknowledgment verbiage as may be printed on such a document so long as the 'di(Title or description of attached document) w bi a does not re ke the notary to do something that is Ills al a&nota m y: j erg 9u Y g S f ry California(ie,certfying the authorlead capacity of the signs). Please check the Hi document caefullyfor proper notarial wording and attach this form Ifrequired. 55d [ (Title or description of attached document continued) • State and County information must be the State and County where the document If! R: ty eA �` Number of Pages_ Document Date sigrra(a)personally appeared before the notary public for aclmowledgment � • Data of notarization must be the date that the ergrrer' a j ()personally appeared which } �{ must also be the same date the acknowledgment is completed. i (Additional information) The notary public moat print his or her name as it appear within his or her p commission followed by a comma and then your title(notary public). i • Print the name(s) of document signers) who personally appear at the time of ji notarization_ • Indicate the turret.singular or lural forms b crosein off incorrect forms s e. i CAPACITY CLAIIWED BY THE SIGNERF y g ('. Individual S Wshdihey—is/ate)of circling the correct forms.Failure to correctly indicate this � ) information lead to rejection of document recording. ` ri rnaY J 8� ti [� Corporate Officer The notary seal impression must be dear and photographically reproducible. 9; ji Impression must not cover text or linea.If seal impression mudgm,rascal if a I; (Title) sulfident area permits,otherwise complete a different acknowledgment fora. Partner(s) Signature of the notary public moat match the signature on file with the office of the county clerk. IN Attome -in-Fact Y Additional information is not required but could help to en this [� Trustee(S) acknowledgment i•notmisused or attached to a different document is OtherIndica e title or type of attached document number of pagesand at Indicate the capacity claimed by the signs.If the claimed capacity is corporate officer,indicate the title(i.e.CEO,CFO,Secretary), • Securely attach this document to the signed document ............................ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J. MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e y nominate,constitute and appoint Jane KEPNER,of Irvine,California, its true and lawful make,execute,seal and deliver,for,and on its behalf as surety,and as its act and o ngs,and the execution of such bonds or undertakings in pursuan o s on said Company,as fully and amply,to all intents and purposes,as if xe Z ged by the regularly elected officers of the Company at its office in Bal ' v This power of attorney revokes that issued on behalf of Jane Kepne�s5� o The said Assistant SCc at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of April, A.D.2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND o Y By: i Eric D. Barnes Assistant Secretary William J Mills Vice President State of Maryland 1 ss: City of Baltimore f On this 26th day of April, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. IP.\�j'� 111'Illd\\` Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 012-5025A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, AUG 0 6 7.010 this day of f Assistant Secretary RESOLUTION NO. 11-05-03-02 A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR DOMESTIC WATERLINES E13 E14. WHEREAS, on the August 17, 2010, the City of San Juan Capistrano entered into a contract with SAK Construction, Inc, for construction of Domestic Waterline E13 E14 and, WHEREAS, the Engineer has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City of San Juan Capistrano as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is in the amount of$664,950. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County.Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 3rd day of 'May, 2011. ' -18AM ALLEVATO, MAYOR f y._ ATTEST . J MARIA, RIS, CITULERK 1 5/3/2011 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 11-05-03-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 3'd day of May 2011, by the following vote: AYE qOUNCIL MEMBERS: Freese, Reeve, Taylor, Kramer and Mayor Allevato NO S: OUNCIL MEMBER: None AB E OUNCIL MEMBER: None i i MAR R IS, City k 2 5/3/2011 22400 PASEO ADELANTO "' � • MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 �'}� SAMALLEVATO (949)493-1171 m[0lNAAlfI LAURA FREESE (949)4931053 FAX ❑IIIIISlf! I 1961 LARRY KRAMER wwwsanjuancapistrano.org 1776 DEREK REEVE • • JOHN TAYLOR May 19, 2011 Kana Pipeline Inc 1639 E. Miraloma Ave Placentia, CA 92870 Re: Domestic Waterlines Project E-13 & E-14 To Whom it May Concern: At their meeting of May 3, 2011, the City Council of the City of San Juan Capistrano adopted Resolution 11-05-03-02 accepting the work as completed for the Domestic Waterlines Project E-13 & E-14. A copy of the recorded Notice of Completion is enclosed for you records. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on May 11, 2011; therefore, the final payment in the amount of $66,495.00 may be released on June 14, 2011. If you have any questions, please do not hesitate to call. Veer truly yours, Christy Jakl, De uty ity Clerk cc: Nasser Abbaszadeh, Public Works Director Joe Mankawich, Associate Engineer Dottie Crawford, Accounting Technician I San Juan Capistrano: Preserving the Past to Enhance the Future C!i Printed on IDO%recycled paper 32400 PASEO ADELANTC1 MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (949)493-1171 IAUtleertFe LAURA FREESE (949)493.1053 FAx FS1AILISIH 1961 LARRY KRONER www.sanjuancapistrano.org 1776 DEREK REEVE • • JOHN TAYLOR May 4, 2011 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Document for Recording — Notice of Completion The noted documents are enclosed for recording: • Notice of Completion — Kana Pipeline for the Construction of Domestic Waterlines E13 & E14. When placed of record, please return the recorded documents to this office. Thank you for your assistance. Kindest Regards, Christy Jakl Deputy City Clerk San Juan Capistrano: Preserving the Past to Enhance the Future 0 �, Primed on 100Ye recyGed paper RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Maria Morris, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Kana Pipeline Inc. of Placentia, CA for the construction of Domestic Waterlines E13 E14. That said work was completed on March 3, 2011, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 3rd day of May, 2011, by Resolution No. 11-05-03-. That upon said contract, Safeco Insurance Company of America was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 3r1 f May, 2011. l Ma ri , Ci e City" ity of S n uan CbpjArano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that 1) I have read the foregoing document and know the contents thereof, and the facts therein state are true of my own knowledge; 2) 1 declare the forgoing is true and correct; and 3)the foregoing Notice of Completion was duly and regularly ordered to a recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano, California, this 31r d f May, 2011. Ma ' ris, ity I City of San Juan Capist n 5/3/2011 AGENDA REPORT D7 TO: Dave Adams, Interim City Manager Q^ FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Change Order No. 1 and Notice of Completion for the Domestic Waterlines E13 and E14 Project (CIP 08803) (Kana Pipeline, Inc.) RECOMMENDATION: By motion, 1. Approve Change Order No. 1 to the Domestic Water Lines E13 E14 Construction Contract with Kana Pipeline, Inc. in the amount of$7,250; and, 2. Adopt a Resolution approving a Notice of Completion for Domestic Pipelines E13 E14; and, 3. Direct the City Clerk to process recording of the notice; and, 4. Authorize staff to release the retention in the amount of $66,495.00, thirty-five days after recordation. SITUATION: Summary and Recommendation: The City's 2004 Domestic Water Master Plan recommended two pipeline projects that would complete the looping of the water systems that serve the Goldenspring, Strafford by the Pacific, and Casitas Del Rio neighborhoods (Attachment 1). Designated Pipelines E13 and E14, these lines will provide these systems with the ability to serve water during shutdowns for maintenance or repairs. Previously, valve replacements or water main repairs required shutdowns that leave many homes without water for extended periods. At their meeting of August 17, 2010, City Council awarded the construction contract for the Domestic Waterlines E13 and E14 Project (CIP 08803) to Kana Pipeline, Inc. (Kana) in the amount of $657,700. Kana commenced construction on November 1, 2010 and completed work on March 3, 2011. During the construction of the pipeline a number of unforseen construction issues came to light. In particular, unexpected underground interferences and unexpected pipeline and valve sizing added to the scope of work for the project (Attachment 2). The total cost of Change Order No. 1 is $7,250. This represents a 1.1% increase to the project cost. AGENDA REPORT May 3, 2011 Page 2 Staff recommends approval of Change Order No. 1 (Attachment 2) and Resolution adopting approval of a Notice of Completion (Attachments 3 and 4) for the Domestic Waterlines E13 and E14 Project (CIP 08803). COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Utilities Commission was presented an update on this project at their April 26, 2011 meeting. They provided no comment or additional direction. FINANCIAL CONSIDERATIONS: The fiscal year 2010/2011 revised budget for the Domestic Waterlines E13 and E14 Project (CIP 08803) is $675,085.68. The $664,950 total construction cost for the project is covered by the budget. NOTIFICATION: Kana Pipeline RECOMMENDATION: By motion, 1. Approve Change Order No. 1 to the Domestic Water Lines E13 E14 Construction Contract with Kana Pipeline, Inc. in the amount of $7,250; and, 2. Adopt a Resolution approving a Notice of Completion for Domestic Pipelines E13 E14; and, 3. Direct the City Clerk to process recording of the notice; and, 4. Authorize staff to release the retention in the amount of $66,495.00, thirty-five days after recordation. Respectfully Submitted, Pr re by Nasser Abbaszadeh oe Mankawich Public Works Director Associate Engineer Attachments: 1. Location Map 2. Change Order No.1 3. Notice of Completion 4. Completion Resolution Y A CITY OF SAN JUAN CAPISTRANO Domestic Waterlines E13 E14 Contract Change Order No. 1 April 21, 2011 CONTRACTOR: Kana Pipeline, Inc. This Change Order covers changes to the subject contract as described herein. The Contractor shall perform all work as necessary or required to complete the Change Order items for the prices agreed upon between the Contractor and the City. The additional work contained within this Change Order can be performed incidental to the prime work and within the time allotted for the original Contract and any extensions to the Contract Time made by this and all previously issued Change Orders, if any. It is therefore mutually agreed that the number of calendar days extension of time, if any, provided for in this Change Order is required for the change of work provided herein, and that no direct or indirect, incidental or consequential costs, expenses, losses or damages have been or will be incurred by Contractor, except as expressly granted and approved by this Change Order and, further, that the payment under this Change Order is the final and complete compensation for the subject work. In accordance with the contract provisions, the following changes in the contract and/or contract work are hereby authorized and as compensation, the following additional to or deductions from the contract price are hereby approved. 1) Cost difference to construct a 12 inch Line Stop instead of the planned 8 Inch Line Stop on Coral Reach Street. Total Cost: $2,300 Add One Day 2) Cost to move the Line Stop on Coral Reach due to conflict with existing residential service. Total Cost: $1,123 Add One Day 3) Eliminate seven (7) 8 inch Gate Valves (per bid price). Total Credit: $25,900 4) Add five (5) 10 inch Gate Valves (per bid price). Total Cost: $27,600 5) Add four(4) 12 Inch Gate Valves (per bid price). Total Cost: $20,800 1 ATTACHMENT 2 6) Add 280 L.F. of 12 inch C-900 PVC Mainline (per bid price). Total Cost: $11,200 Add Two Days 7) Add one (1) Air Vacuum Assembly (per bid price) Total Cost: $3,200 8) Remove and Replace Asphalt Bike Path not shown on plans at Via Lorado Total Cost: $8,645 Add Two Days 9) Additional potholing and locating required due to changes in connections to existing lines. Total Cost: $4,372 Add two Days 10)Remove and properly dispose of 91 feet of Asbestos Cement Pipe (ACP) and inoperable 12 Inch valve located at Mariner Drive. Total Cost: $1,995 11) Adiitional tee and fittings for Valve Cluster at Mariner Drive. Total Cost: $1,654 12) Remove and properly dispose of Asbestos Cement Pipe (ACP) located at Calle Jardin. Total Cost: $2,675 13) Realignment of Pipeline due to profile issues due to interfering storm drain. Total Cost: $9,784 14) Replace existing tee on Main line @ Via Monterey Total Cost: $3,138 15) Add water service to Watkins Property (exchanged for pipeline easement) Total Cost: $5,036 2 16) Replace existing 12 Inch Gate Vavle at Via Monterey Total Cost: $4,289 17) Credit for paving required due to Kana Pipeline improper removals. Total Credit: $7,500 18) Credit due to reduced scope of asphalt replacment in Dana Point. Total Credit: $58,194 19) Credit due to reduced permit costs. Total Credit: $11,602 20) Install Guard rail at end of Alipaz Street Total Cost: $1,118 21) Remove and properly dispose of interfering portion of buried 6" P.C.0 Roadway at end of Alipaz Street. Total Cost: $1,517 Hydraulic Capacity Project No.1 Contract Change Order No. 1 The Contract Cost was $657,700 The cost of this Change Order is: $7,250 The revised cost of this project is: $664,950 The Contractor agrees to furnish all labor and materials and to perform all necessary work required to complete the tasks associated with this Order. This document will become a supplement to the contract and all provision will apply hereto. It is understood that the Change Order shall become effective when approved by the City. RECOMMENDED: Joe Mankawich, Associate Engineer Date APPROVED: Contractor, Kana Pipeline, Inc. Date Nasser Abbaszadeh, Director of Public Works Date Dave Adams, Interim City Manager Date 3 RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano,CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Maria Morris, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Kana Pipeline Inc. of Placentia, CA for the construction of Domestic Waterlines E13 E14. That said work was completed on March 3, 2011, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 3rd day of May, 2011, by Resolution No. 11-05-03-. That upon said contract, Safeco Insurance Company of America was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 3rd day of May, 2011. Maria Morris, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that 1) I have read the foregoing document and know the contents thereof, and the facts therein state are true of my own knowledge; 2) I declare the forgoing is true and correct;and 3)the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano, California, this 3rd day of May, 2011. Maria Morris, City Clerk City of San Juan Capistrano ATTACHMENT RESOLUTION NO. 11-05-03 A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR DOMESTIC WATERLINES E13 E14, WHEREAS, on the August 17, 2010, the City of San Juan Capistrano entered into a contract with SAK Construction, Inc, for construction of Domestic Waterline E13 E14 and, WHEREAS, the Engineer has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City of San Juan Capistrano as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is in the amount of$664,950. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 3rd day of May, 2011. SAM ALLEVATO, MAYOR ATTEST: MARIA MORRIS, CITY CLERK ATTACHMENT 4 32400 PA5£O AD£L.ANTO F`r MEMBERS OF THE CITY GWNGL SAN JUAN CAPISTRANO,CA 62675 i (9491493-1171 AFREE A O (949)493-1053 FAX • ' MIAro1ALAURA AURA FREESE I11"WHI 1961 THOMAS W.NRIBAR www win uancapisu-ana.mg IJ]g - MURK NIELSEN DR LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, May 3, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Change Order No. 1 and Notice of Completion for the Domestic Waterlines E13 and E14 Project (CIP 08803)" — 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 2, 2011, 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.sanivancapistrano.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: cityclerkna.sani uancapistrano.org. Maria Morris, CMC City Clerk cc: Kana Pipeline San.7uan Capistrano. Preserving the Pavi to Enhance the Future= 3/15/2011 AGENDA REPORT D11 TO: Joe Tait, City Manager FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Change Order No. 1 and Notice of Completion for the Domestic Waterlines E13 and E14 Project (CIP 08803) (Kana Pipeline, Inc.) RECOMMENDATION: By motion, 1. Approve Change Order No. 1 to the Domestic Water Lines E13 E14 Construction Contract with Kana Pipeline, Inc. in the amount of$5,399; and, 2. Adopt a Resolution approving a Notice of Completion for Domestic Pipelines E13 E14; and, 3. Direct the City Clerk to process recording of the notice; and, 4. Authorize staff to release the retention in the amount of $66,309.90, thirty-five days after recordation. SITUATION: Summary and Recommendation: The City's 2004 Domestic Water Master Plan recommended two pipeline projects that would complete the looping of the water systems that serve the Goldenspring, Stratford by the Pacific, and Casitas Del Rio neighborhoods (Attachment 1). Designated as Pipeline projects E13 and E14, these lines will provide these systems with the ability to serve water during shutdowns for maintenance or repairs. Previously, valve replacements or water main repairs required shutdowns that left many homes without water for extended periods. At their meeting of August 17, 2011, City Council awarded the construction contract for the Domestic Waterlines E13 and E14 Project (CIP 08803) to Kana Pipeline, Inc. (Kana) in the amount of $657,700. Kana commenced construction on November 1, 2010 and completed work on March 3, 2011. During the construction of the pipelines, a number of unforseen construction issues came to light. In particular, unexpected underground interferences and unexpected pipeline and valve sizing added to the scope of work for the project (Attachment 2). The total cost of Change Order No. 1 is $5,399. This represents a 0.8% increase to the project cost. AGENDA REPORT March 15, 2011 Page 2 Staff recommends approval of Change Order No. 1 (Attachment 2) and Resolution adopting approval of a Notice of Completion (Attachments 3 and 4) for the Domestic Waterlines E13 and E14 Project (CIP 08803). COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Utilities Commission received updates on this project at their February meeting. There were no questions on this project from the Commission. FINANCIAL CONSIDERATIONS: The fiscal year 2010/2011 revised budget for the Domestic Waterlines E13 and E14 Project (CIP 08803) is $675,085.68. The $663,099 total construction cost for the project is covered by the budget. NOTIFICATION: Kana Pipeline RECOMMENDATION: By motion, 1. Approve Change Order No. 1 to the Domestic Water Lines E13 E14 Construction Contract with Kana Pipeline, Inc._in the amount of$5,399; and, 2. Adopt a Resolution approving a Notice of Completion for Domestic Pipelines E13 E14; and, 3. Direct the City Clerk to process recording of the notice; and, 4. Authorize staff to release the retention in the amount of $66,309.90, thirty-five days after recordation. Respectfully Submitted, Pr b Nasser Abbaszadeh oe Mankawich Public Works Director Associate Engineer Attachments: 1. Location Map 2. Change Order No.1 3. Notice of Completion 4. Completion Resolution r-will, 14 r► =J ;ii a1 �1 _� "r CITY OF SAN JUAN CAPISTRANO Domestic Waterlines E13 E14 Contract Change Order No. 1 March 1, 2011 CONTRACTOR: Kana Pipeline, Inc. This Change Order covers changes to the subject contract as described herein. The Contractor shall perform all work as necessary or required to complete the Change Order items for the prices agreed upon between the Contractor and the City. The additional work contained within this Change Order can be performed incidental to the prime work and within the time allotted for the original Contract and any extensions to the Contract Time made by this and all previously issued Change Orders, if any. It is therefore mutually agreed that the number of calendar days extension of time, if any, provided for in this Change Order is required for the change of work provided herein, and that no direct or indirect, incidental or consequential costs, expenses, losses or damages have been or will be incurred by Contractor, except as expressly granted and approved by this Change Order and, further, that the payment under this Change Order is the final and complete compensation for the subject work. In accordance with the contract provisions, the following changes in the contract and/or contract work are hereby authorized and as compensation, the following additional to or deductions from the contract price are hereby approved. 1) Cost difference to construct a 12 inch Line Stop instead of the planned 8 Inch Line Stop on Coral Reach Street. Total Cost: $2,300 Add One Day 2) Cost to move the Line Stop on Coral Reach due to conflict with existing residential service. Total Cost: $1,123 Add One Day 3) Eliminate seven (7) 8 inch Gate Valves (per bid price). Total Credit: $25,900 4) Add five (5) 10 inch Gate Valves (per bid price). Total Cost: $27,600 5) Add four (4) 12 Inch Gate Valves (per bid price). Total Cost: $20,800 1 ATTACHMENT 6) Add 280 L.F. of 12 inch C-900 PVC Mainline (per bid price). Total Cost: $11,200 Add Two Days 7) Add one (1) Air Vacuum Assembly (per bid price) Total Cost: $3,200 8) Remove and Replace Asphalt Bike Path not shown on plans at Via Lorado Total Cost: $8.645 Add Two Days 9) Additional potholing and locating required due to changes in connections to existing lines. Total Cost: $4,372 Add two Days 10) Remove and properly dispose of 91 feet of Asbestos Cement Pipe (ACP) and inoperable 12 Inch valve located at Mariner Drive. Total Cost: $1,995 11)Adiitional tee and fittings for Valve Cluster at Mariner Drive. Total Cost: $1,654 12) Remove and properly dispose of Asbestos Cement Pipe (ACP) located at Calle Jardin. Total Cost: $2,675 13) Realignment of Pipline due to profile issues due to interfering storm drain. Total Cost: $9,784 14) Replace exisitng tee on Mainline @ Via Monterey Total Cost: $3,138 15) Add water service to Watkins Property (exchanged for pipeline easement) Total Cost: $5,036 2 16) Replace existing 12 Inch Gate Vavle at Via Monterey Total Cost: $4,289 17) Credit for paving required due to Kana Pipeline improper removals. Total Credit: $7,500 18) Credit due to reduced scope of asphalt replacment in Dana Point. Total Credit: $58,194 19) Credit due to reduced permit costs. Total Credit: $11,602 20) Bond fees on extra work Total Cost: $784 Hydraulic Capacity Project No.1 Contract Change Order No. 1 The Contract Cost was $657,700 The cost of this Change Order is: $5,399 The final total cost of this project is: $663,099 The Contractor agrees to furnish all labor and materials and to perform all necessary work required to complete the tasks associated with this Order. This document will become a supplement to the contract and all provision will apply hereto. It is understood that the Change Order shall become effective when approved by the City. RECOMMENDED: Joe Mankawich, Associate Engineer Date APPROVED: Contractor, Kana Pipeline, Inc. Date Nasser Abbaszadeh, Director of Public Works Date Joe Tait, City Manager Date 3 RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano,CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Maria Morris, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Kana Pipeline Inc. of Placentia, CA for the construction of Domestic Waterlines E13 E14. That said work was completed on March 3, 2011, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 15th day of March, 2011, by Resolution No. 11-03-15-. That upon said contract, Safeco Insurance Company of America was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 15th day of March, 2011. Maria Morris, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that 1) I have read the foregoing document and know the contents thereof, and the facts therein state are true of my own knowledge;2) I declare the forgoing is true and correct;and 3)the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano, California, this 15th day of March, 2011. Maria Morris, City Clerk City of San Juan Capistrano ATTACHMENT RESOLUTION NO. 11-03-15 A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR DOMESTIC WATERLINES E13 E14. WHEREAS, on the August 17, 2010, the City of San Juan Capistrano entered into a contract with Kana Pipeline, Inc, for construction of Domestic Waterline E13 E14 and, WHEREAS, the Engineer has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City of San Juan Capistrano as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is in the amount of $663,099. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 15th day of March, 2011. SAM ALLEVATO, MAYOR ATTEST: MARIA MORRIS, CITY CLERK ATTACHMENT 4 r i ., _�. .� _ .� `'�i�� T �� ,. .; �::J ,� t .�� =� �� T � �i ,..r .` _ _ _ _ . . � _' ;- i tl -J 1i al ,J �1 • , �� '� �� _ � =—� ,� ' �'� � /►� �� I . r! , -.,, " �`, rxny [`, w �. �� n� � .� I # � �� %. :� � � . ,� ,I . -� l ..: . . . ,� ��' � � . , � � �.� ��, -_.` . .� �,... � -� __, A .Y 1 1 11 111 ��•, I l �I �} �. ��! -- - •;.. �..��c �� c:� �' E� E� �� ,-- ;- `..� r1 =J u �► � �1 • • —ll '� �� r— � r �� K ,� w.,'iyy �� w� i�* � .� ,��al � _ .,. �, �� '� �. r � � 1 , . � . .1 ,.,, � _"�,�r� �� '� � A ��,,, :,,Y.< ^ n `r- h � �� • -� 1 r Ir I11 rayl �� 32400 PA5E0 ADELANTO MEMBERS OF THE CRY COUNCIL SAN JVAN CAPISTRANO,CA 92575 (049)493-1171 ,/}jr L SAMALLEYATO 31053 PAX • WIWI($ LAURAFREESE (949)49 maissM® , 1961 THOM"w.HR1BAR tV4Cib'..Y(1/ijU(UlCtl1)f571'fP10.OlY� 1 MARK NIELSEN DR-LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, March 15, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Change Order No. 1 and Notice of Completion for the Domestic Waterlines E13 and E14 Project (CIP 08803) (Kana Pipeline, Inc.)" — Item No. D11. 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 14, 2011, 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.sanivancapistrano.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: citvclerk(a)sanivancapistrano.orq. Maria Morris, CMC City Clerk cc: Kana Pipeline Sun.lean Capistrano, Preserving the Pas? to Enhance the Future 8/17/2010 AGENDA REPORT D9 TO: Joe Tait, City Manageo_ FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Award of Construction Contract for the Domestic Waterlines E13 E14 Project (CIP 08803) (Kana Pipeline, Inc.) RECOMMENDATION: By motion, 1. Award the construction contract for the Domestic Waterlines E13 E14 Project (CIP 08803) to Kana Pipeline, Inc. in the amount of $657,700; and, reject all other bids; and, 2. Transfer $82,370 from the Water Capital Fund to the Domestic Waterlines E13 E14 Project (CIP 08803). SITUATION: Summary and Recommendation: At their meeting of June 1, 2010, City Council approved the plans and specifications for the Domestic Waterlines E13 E14 Project (CIP 08803). The City Clerk released the Notice Inviting Bids on June 17, and on July 22, 2010, eighteen 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, Kana Pipeline has been performing large utility projects for the past twenty-five years. Their public cliental has included many Cities and Water Districts. They have recently completed projects for the City's Long Beach, Garden Grove and Tustin. Kana has shown a proficiency to complete large projects on time and within budget. References have given positive feedback about Kana's work. Staff recommends award of the construction contract for the Domestic Waterlines E13 E14 Project (CIP 08803) to Kana Pipeline, Inc. in the amount of$657,700. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Utilities Commission received updates on this project at their June 22, 2010, meeting. There was no July Utilities Commission meeting due to lack of quarum. FINANCIAL CONSIDERATIONS: The fiscal year 2010/2011 budget for the Domestic Waterlines E13 E14 Project (CIP 08803) is $703,100. Design costs for the project are $112,000, of which $50,000 was AGENDA REPORT August 17, 2010 Page 2 paid in the previous fiscal year, leaving an unpaid balance of $62,000. The remaining project balance is therefore $641,100. The bid cost for the Domestic Waterlines E13 E14 Project was $657,700. Staff requests that a 10% contingency be budgeted to cover unexpected construction costs should they arise. The total recommended construction budget is therefore $723,470. Staff recommends that $82,370 be transferred from the Water Capital Fund to the Domestic Waterlines E13 E14 Project (CIP 08803) to cover the construction budget deficit. NOTIFICATION: J. DeSigio Construction GCI Construction Kana Pipeline Kennedy Pipeline VCI Telcom Savala Construction Cedro Construction Stephen Doreck Construction CCL Contracting Sandoval Pipelne Artukovich & Son SC Valley Engineering TTS Engineering Dominguez General Basile Construction John T. Malloy Atlas United Paulus Engineering RECOMMENDATION: By motion, 1. Award the construction contract for the Domestic Waterlines E13 E14 Project (CIP 08803) to Kana Pipeline, Inc. in the amount of $657,700; and, reject all other bids; and, 2. Transfer $82,370 from the Water Capital Fund to the Domestic Waterlines E13 E14 Project (CIP 08803). Respectfully Submitted, Prepared by, Nasser Abbaszadeh ��l Joe Mankawich Public Works Director Associate Engineer Attachments: 1. Bid Opening Report 2. Bid Comparison 3. Construction Contract Bid Opening Report rage i era Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement E13 and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng, Pre Bid Estimate $800,000 Bidder Bid Amount ?� BidnBond/Addenda? 1. Savala Construction Co. T _ 2. Stephen Doreck Equipment Rentals, Inc. _� ' e��QQ�� • �J / �1i�—�� 3. Cedro Construction Inc $ I \ I 4. Kana Pipeline Incl) 5. J. De Sigio Construction, Inc , 6. Sandoval Pipeline Eng. $ ��Q37,�t—[ �'j—� �� / $ 7. Kennedy Pipeline Company $ 8. Vida,Artukovich & Son, Inc Sign Date 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 Bid Opening Report Page 2 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title _ Domestic Waterline Improvement E13 and E14 CIE 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder Bid Amount Bid Bond/Addenda? $ ff��`0 Ip 9. SC Vallev Engineering Inc V y\.S ( ( ")2;110. TTS Engineering lX` 3i �3C 3 11. Dominguez General Engineering fnc p � 12. Basile Construction Inc $ 07 ( J„„,,� uJ 13. VCI Telcom, Inc $ _ " i .�z 14. CCL Contracting Inc $ L7 15. John T. Malloy, Inc � t � / [ ( 16. Atlas-Allied, Inc IT(E-7 Sign �� Date 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. Bid Opening Report Page 3 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement E13 and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder /Bid Amount Bid Bond/Addenda? 17. GCI Construction, Inc $ c[� 18. Paulus Engineering Inc 19. $ ! 1 2 20. 21. 22. / 1 2 23. 24. / 1 2 Sign \ J Date ate' 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. City of San Juan Capistrano Domestic Waterline improvenments E-13 E-14 Bid Summary Stephen Doreack Equip Engineers Estiamte Kana Pipeline Inc. Rentals Basile Construction TIS Engineering Extended Extended Extended Extended Extended Item/Description Quantin, Unit Unit Price Price Unit Price Price Unit Price Prig Unit Price Price Unit Price Price 1 Mobilization and Prep l5%2-231 1 IS $25,000 $25,000 22,000 22,000 26,555 26,555 26,653 26,653 5,700 5,)00 IA Encraachment Permits Allowance 3 EA $5,xio $15.WD 5,000 151000 5,000 151000 5,000 15,000 S,W 15,000 2 Traffic and Pedestrian Control 1 LS $5,000 $5,00 6,500 6,500 3,500 3,SOo 10,071 10,071 2,850 2,850 3 Potholes and Report 4 EA 51,500 $6,000 650 2,600 250 1,000 1,131 4,522 1,140 4,560 4 Sheetin Shorin Busting 1 IS $10,100 $li 3,003 3,000 11,820 11,820 3,714 3,714 5,)00 5,)00 5 Con¢ruct 1Y Lee Slap 1 EA $10,00 $10,00 10,400 10,400 5,761 5,761 9,208 9,208 7,46) 7,467 SACrri 8"Line-Sto 1 EA $13,000 $8,000 9,400 9,400 5,500 5,500 8,163 8,163 6,441 6,441 6 Construct 12"Line-Stop 1 EA $12,000 $12,000 11,7(0 11700 6,450 6,450 10,528 10,528 8,151 8,151 ) Replace 9"Gate Valve 29 EA $5,130 $145,WC 3,700 107,300 2,732 78,648 4,275 123,986 3,366 97,625 8 Replace l0"Gate VaWe 3 EA $6,000 $18,000 t40,00104,OM 4710 14,130 5,271 15,812 4,310 12,929 9 Replace 12"Gate Valve 4 EA $],400 $29,600 4,940 19,760 5,629 22,515 4,851 19,405 30 Replace G"Hydrant Gate Valve 14 EA $41000 $61,600 2,650 37,100 3,254 45,557 2,92] 40,900 11 J4"Dia Casing Pipe lack&Bore 70 LF $700 $49,000 0 621 43,465 656 45,941 1,232 86,252 1212"Dia C9W PVC Waterline 2600 OF $55 $143,000 67.25 174,850 49.0) 129,662 46.3513 Air Release Assembl 4 EA $3,000 $12,900 3,400 13,600 2,245 8,979 3,083 12,333 14Ricky-Off Assembl 1 EA $7,500 $7,500 6,500 6,500 8,950 8,950 7,869 7,869 7,192 7,192 15 Utility OvercrossingPer Det 2 EA $6,000 $161000 11,500 23,OW 11,425 22,850 5,272 10,543 9,844 19,689 16 Testing and Disinfection 1 LS $5,000 $5,000 60000 6,000 6,000 6,000 27,852 27,852 5,700 5,700 ll Connections at Sta lOpfW 1 LS $10,00 $10,000 12,000 12,000 12,850 12,850 10,245 10,245 33,310 13,110 113 Connections at St 112,21 1 LS $4,000 $4,000 2,000 2,000 4,250 4,250 2,407 2,400 7,554 7,554 19 Connections at Sta 188,95 1 LS $5,000 $5,000 4,000 4,000 6,595 6,595 4,215 4,215 5,508 515118 20 Connections at Ste 213f69 1 IS $5,000 $S,WD 4,000 4,OW 6,595 6,595 5,251 5,251 7,554 7,554 210verex and Refill Allowance 300 CY $250 $75,000 46.00 14,400 10.00 3,000 3576 10,)28 34.20 10,260 12 Asphalt Removal-Replacement SOOW SF $3 $150,WD 3.00 150,000 1 2.94 147,000 2,46 123,000 3.31 J> 23 Site Champ and Resloraturi 1 LS $5,000 $5,000 2,500 2,500 2,000 2,000 10,174 10,174 11,400 11,400 �1 IDtal: 031700 > �. V I 2 Fn Page 1 of 4 z V\09790\13009390fsomales\2mep)-12 oW ect I cmm.l.e. N City of San Juan Capistrano Domestic Waterline improvenments E-13 E-14 Bid Summary I.DeSigio Construction Kennedy Pipeline Co. GCI Construction Paulus En ineering Atlas Allied Inc. Ertended Extended Extended Extended &tended Item/Description quantity Unit Unit Price Price Unit Price Price Unit Price Price Unit Price Price Unit Price Price 1 Mobilization and Pre 5%223) 1 LS 21,000 21,000 12,500 12,500 33,000 33,000 15,00 151000 30,000 30,000 lA Encroachment Permits Allowance 3 EA 51000 151000 1 5,000 15,000 S,000 15,000 5,000 15000 5,000 15,000 2 Traffic and Pedestrtan Control 1 IS 4,500 4,500 1,500 11500 5,600 5,600 5,000 5,000 10,000 10,00 3 Potholes and Report 4 EA 1 1,200 6,800 750 3,0001 1 220 2,880 1 850 3,400 1 500 2,000 4 Sheeting Shoring Bocin 1 IS 5,000 5,00 1,000 1,000 5,500 5,500 500 500 8,000 B4O00 5 Construct 10"LineStop1 EA 8,300 8,300 6,300 6,300 9,000 9,000 11,300 11,300 15,000 15,000 SA Construct 8"Line-Stop1 EA 7,200 7,200 5,400 5,400 7,700 7,700 12,100 12,10 15,000 15,000 6 Construct 12"Line Stop 1 EA 9,800 91800 2,500 2,500 10,000 10,000 12,900 12,900 18,000 18,000 2 fle lace 8"Gate Valve 29 EA 3,000 82,000 5,300 153,700 4,500 130,500 4,700 136,300 5,200 150,800 8 Replace 10"Cate Valve 3 EA 6,500 19,500 5,500 I6,500 5,800 37,400 6,000 18,000 6,000 24,000 9 Replace 12"Gate Valve 4 EA 8,000 32,0001 1 6,100 24,400 6,400 25,600 1 6,900 27,600 10,000 40,000 10 Replace 6"Hydrant Get,Valve 14 EA 6,200 93,800 4,200 58,890 1 3,200 44,100 4,100 52,400 1 4,000 56,000 11 24"Dia Caning Pipe Jack&Bore 70 LF 743 52,000 557 39,000 543 38,000 886 62,000 1 571 40,000 1312"Dia C900 PVC Waterline 2600 LF 50.00 130,000 50.00 130,000 71.00 184,600 6000 156,000 50100 130,000 13 Air Release Assembly 4 EA 3,800 15,200 3,500 14,000 2,900 11,600 3,500 14,000 11500 61000 14 RIcw-C)ffAssembIy 1 EA 6,500 6,500 9,500 9,500 9,700 9,700 7,000 7,000 7,000 7,000 15 Utility Over crossin Per Oet 2 EA 3,700 3,500 7,000 8,200 16,400 13,0110 26,000 5,000 10,000 16 Testing and Disinfection 1 IS 6,000 6,000 5,500 5,500 2,000 2,000 2,500 2,500 5,000 5,000 17 Connections at Sta 100+00 1 LS 8,200 8,200 B,SOD 8,500 18,000 18,000 10,500 10,500 10,000 10,000 18 Connections at Sta 112+21 1 IS 4,200 4,200 2,500 2,500 3,000 3,000 2,000 2,000 5,000 5,000 19Cnnnections at Sta 188+95 1 IS 5,100 5,100 3,900 3,900 4,200 4,300 4,200 4,200 5,000 5,000 20 Connections at Sto 213,69 1 IS 5,100 5,100 3,900 3,900 5,800 5,800 4,800 4,800 5,00 5,000 21 Overec and Refill Allowance 300 CY 5]00 12,100 12.00 3,600 25.00 2,500 12.00 5,100 45.00 13,500 22 As halt Removal-Replacement 50000 SF 2.50 125,000 3.60 180,000 2.20 110,000 2.35 117,500 2.30A115,WO23 Site Cleanup and Restoration 1 LS 10,00 10,000 1,500 1,500 4,000 4,000 2,500 2,500 12,400 221,760 729,100 1\1121r taa ei.,arA1,aimemnco.r[mman.Lzmo pn21 ow aye:11-,n.. Page 2 of 4 City of San Juan Capistrano Domestic Waterline improvenments E-13 E-14 Bid Summary Sandoval Pipeline Cedro Construction SC Valley Engineering Engineering Antolini&Son food Tmall4y Extended Extended Extended Extended Extended Item/Descri i quant) Unit Unit Price Price Unit Price Price Unit price puce unit pfrce Price Orin Price Price 1 Mobilization and Pre (5%2-23 1 LS 27,034 27,034 35,000 35,000 25,000 25,000 40,000 40,000 40,000 40,000 1A Encroachment Permits Allowance 3 EA 5,000 15,000 5,000 15,000 1 5,000 15,000 5.000 15,000 5,000 15,000 2 Traffic and Pedestrian Control 1 IS 10,506 10,506 5,000 5.000 1 8,000 8100) 101000 Iowa 3,000 31000 3 Potholes and Report 4 EA 762 3,048 1,500 6,000 2,000 8.0001 2,000 8,000 5,000 20,000 _L Sheeting Sharing Bracing 1 !S 9,533 9,533 51000 5,000 13,500 13,500 15,000 151000 4,000 4,000 5 Construct 10 Line-Stop 1 EA 9,020 9,020 10,800 10800 19,000 19,000 9,000 9,000 20,000 20,000 5A Construct 8"Line-Sto I EA 8,04fi 8,046 9,850 9,850 17,000 17,000 7,500 1,500 161 161000 6 Construct l2"Line-Stop 1 EA 10,250 10,250 11,500 11,500 11,000 11,000 10,000 10,000 20,000 20,000 7 Replace 8"Gate Valve 29 EA 4,181 0:149 2,930 84,970 5,000 145,000 61 174,000 4,200 121,800 8 Re lacelo-Gate Valve 3 EA 5,292 15,926 5,400 16,200 7,000 21,000 6,000 181000 51200 15,600 9 Replace l2"Gate Vdlve 4 EA 61151 24,600 6,000 24,000 8,000 32,000 7,000 28,000 6,500 26,000 10 Replace 6"H dram 00 Gate Valve 14 EA 4,653 65,142 3,750 52,500 4,0SEAM 3,500 49,000 3,000 42,000 11 24"Ola Casing Pipe Jack&Bore 70 LF 643)85 54,940 802 56,500 )49 52,400 451000 857 60000 1212'Dia C900 PV VIderfre 2600 LF 54.00 140,400 71.50 185,900 53.00 137,800 95.00 247,000 120.00 312,000 13 Air Release Assembly 4 EA 4,126 16,704 4,085 16,340 4,000 16,000 3,000 12,000 3,000 12,000 14 Blow Off Assembl 1 EA 2,783 7,783 12,600 12,600 4,000 0,000 6,000 6,000 1 9,000 9,000 15 Utility OvercrossingPer Det 2 EA 10,643 21,286 10,500 21,000 3,000 6,000 6,000 12,000 4,000 8,000 16 Testing and Disinfection 1 LS 10,585 10,585 12,250 12,250 51000 5,000 4,000 4,000 3,000 3,000 17 Connections at SIR 100+00 1 LS 13,681 13,681 10,490 IGA90 11'00 11,000 9,000 9,000 12,000 12,000 18 Connections at Sta 112+21 1 IS 4,689 4,689 4,200 4,200 4,000 4,000 3,000 31000 4,000 4,000 i9 Connetlione as Sta 188+95 1 IS 7,254 ),754 8,200 6,)00 6,500 &5004'00 4,000 6,000 6,000 20 Connections at Sta213+69 1 IS 7,754 2,754 10,000 10,01%1 10,000 10,000 4,000 4,000 Si GLOM 21 Overex and Refill Allowance 300 Cy 40.00 12,000 39.50 11,850 J5.00 22,500 30.00 91000 10.00 3,000 22 Asphalt Removal-Re lacement 50000 SF 272 136,000 3.33 166,500 3.00 150,000 2.50 125,00 2A0 120,000 23 Site Cleanup and Restoratmn 1 LS 8,789 8,789 6,500 6,500 8,000 &000 10,000 10,000 1,650 1,650 798,650 8D3,70D H23 902,050 F ncr nlwzao�ta4-oazeoasomlv.mmtmhmn¢nim,��:lzozomaz ow em:s.mmarv.l.. Page 3 of 4 City of San Juan Capistrano Domestic Waterline improvenments E-13 E-14 Bid Summary Damingues Geneol Engineering CCL Contracting vio Construction Savala Construct.. Analvsls of BW Items EvteMed Extended Extended Extended Item/Description Qu..tl U t Unit Price Price Unit Pro. Price Unit Pfue Price Unit Price Price Average Medan 1 Mc6i1,xati.n and Prep(S%2-23) 1 LS 30,000 30,000 38,000 38.001) 20,000 20,00[1 68,750 58,750 29,677 26,943 SA Encroachment PesmRS Allowance 3 EA 5,01)0 15,000 5,000 151000 5,000 15,000 5,000 1511100 5,000 51000 2 Traffo and Pedestrian Control I LS 10,000 10,000 825 825 8,000 81000 4,510 4,510 6,Wfi 5,300 3 Potholes and Report 4 EA 1,000 4,000 700 2,800 1,250 5,cxx 2,090 8,360 1,333 1,065 4 Sheehn85hod Bracin 1 CS 25,000 25,1100 1,100 1,100 10,000 10,000 29,306 29,306 8,704 5,600 5 Construct 10"Line-Stop 1 EA 10,000 10,000 15,800 15,800 11,000 11,000 11,880 11,880 11,1169 10,200 SA Construct 8"Line-Sto 1 EA H,000 8,000 15,700 15,700 10,000 10,000 10,890 10,890 9,994 8,781 6 Construct 12"boe-st.o 1 EA 12,000 12,000 17,200 17,200 12,000 12,000 13,200 13,200 11,788 11,250 -L Re lace a"Gate Valve 29 EA ioow 290,000 51825 168,925 6,593 191,197 7,810 22 AN 1 4,961 4,600 8 Replace 10-Gate Valve 3 EA 11,000 33,000 7,800 23,401) 9,988 29,964 6,985 20,955 6,409 5,900 9 Replace 12"Gate Valve 4 EA 12,000 08,000 8,750 35,000 11,066 44,264 9,460 37,840 7,386 6,700 30 Replace 6"H dram Gate Valve 14 EA 7,000 98,00 4,050 56,700 6,743 94,402 6,380 89,320 4,339 4,000 1124"Dm CasingPieJack&Bore 70 LF 643 45,000 1.386 97,000 852 60,000 864 60.500 775 746 12 12"Dia C900 PVC Waterline 2600 LF 48.00 124,800 6].00 174,200 49.00 127,400 10142 263,692 64 54 13 Air Release Assembl 4 EA 2,500 101000 3,375 13,500 4,000 16,000 361 1,443 3,090 3,288 14 fll.w-0tt Azsembl 1 1 EA I 12,000 12,0,00 7,201) 7,200 7,000 7,000 1 9,680 9,690 8,082 7,492 15 Urge,OvercrossingPer Dot 2 EA 2,000 4,000 8,250 16,500 91500 19,0008,143 16,287 7,415 8,172 16 Testi. and Dsmfection I LS 10,000 10,000 1,600 11600 8,000 8,000 25,620 26,620 8.200 5,850 17 Connections at Ste 100+00 1 L5 12,000 12,000 15,800 15,800 14,000 14,000 17,302 1],302 12,149 12,000 18 Connections at Sta 112+21 1 LS 4,000 4,000 4,500 4,500 7,000 7,000 2,750 2,750 1 3,94> 4,000 19 C.nnections at Sta 188+95 1 B 4,000 4,000 9,000 91000 9,500 9,500 5,192 5,192 5,770 5,146 20 Connections at Sta 213+69 1 LS 4000 4,000 9,000 91000 10,000 101000 5,192 5,192 6,441 5,525 I 21 Overex and Refill Allowance 300 CY low 3,000 11.00 3,300 20.00 6,000 2640 7,920 30.33 2&2p 22 Asphalt Removal-Replacement 50000 SF 2.40 120,000 6.00 300000 13.20 660,000 1320 60,000 4.08 283 23 Site Cleanup and Reiteration 1 L5 1,000 1,000 5,000 51000 15,675 15,675 15,615 15,675 7,153 ),250 936,8.01 1,047,050 1,410,400 1,628.754 e foLz9o11a4L9xaoasomlemp4e^•ncon e,nm.m:lxmoaz Page 4 of 4 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and KANA PIPELINE.INC. 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. 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 DOMESTIC WATERLINE IMPROVEMENTS E13 E14 (CIP 08803) in strict conformity with the Plans, Specifications and all other contract documents prepared by TETRA TECH,INC.dated July 19,2010,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, Five Hundred Dollars($500)per calendar day for each day delayed;provided that extensions oftime with waiver of liquidated damages,may be granted as provided in the Specifications. ATTACHMENT 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(1001/6)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. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. i SIXTH. GENERAL PREV AILINGRATE OF PER DIEM WAGES. Pursuant to the Labor Code of 1 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. I� i r 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. i 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 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 j 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 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 Oso, Mayor CONTRACTOR, LICENSE NO. AND CLASSIFICATION l(l!i✓s� �ip�uNc Lzr/C. &1214-7 -- ,,4 ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: mar an obal,Uty Attorney li r r r' This Is EXHIBIT A,consisting of two ft of th,md to AGREEMENT between the OWNER ands the CONTRACTOR CITY OF SAN JUAN CAPISTRANO 1 PROPOSAL FOR DOMESTIC WATERLINE IMPROVEMENTS �. E13 AND E-14 (CIP No.08803) 1 BID TO: CITY OF SAN JUAN CAPISTRANO 1 1 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: 1 DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 1 (CIP No. 08803) 1 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 I disposition of the Bid Security. I This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise 1 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, 1 Performance Bond, and all Permits required by the Contract Documents. i I Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): !r t Number i Date -1 1 �4 �2010 Number Z Date /let �'Lo la 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 independentinvestigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860,et seq., the undersigned confirms the following as its certification: Domestic Waterline Improvements E-13 and E-14 - PROPOSAL PAGE 1 a:wazsmixoszso-osooi�oratspe�,�spaa�omoe eia sou BID FORMS This is EXHIBIT B,consisting of one page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR. CITY OF SAN JUAN CAPISTRANO BID SCHEDULE FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) ID Description Estimated Unit Unit Price ExPnCeed Quant1 Mobilization and Preparatory Work 1 L5 $2,Oo0 _ 2? 000 Cannot exceed 5%of bid items 2-23 1A Allowance for Encroachment Permits 3 EA $5,000 $15,000 2 Traffic Control, Public Convenience, Safety 1 LS (o5oor�9 4 fgSOo 3 Pothole and Report 4 EA 9,(350t_10 42,600 4 Sheeting, Shoring, Bracing 1 LS gopp 0-%000 5 Construct 10" Line-Stop(Btue Sall) 1 EA b t♦pp SIO elpp ` 5A Construct 8"Line-Stop(Coral Reach St.) 1 EA 6 Construct 12"Line-Stop(Coral Reach St) 1 EA (1 pp 1) 7ppd 7 Replace 8"Gate Valve 29 EA 3700` 10'7,.SOD 8 Replace 10"Gate Valve 3 EA 9 Replace 12"Gate Valve 4 EACj 10 Replace 6" Hydrant Gate Valve 14 EA Q oeo 56IMP 11 Bore and Jack Ste 203+41.75 to 204+11.75 1 LS 3 000 3t3 rka� 12 12"AW WA C900 PVC Waterline 2600 LF ti0 Oci-o00 1 13 1"Air Release Assembly 4 EA say 11 X000 14 Blow-Off Assembly 1 EA % (.5061 S00n 15 Utility Overcrossing Per Det 5, Sht C-105 2 EA '2-S1oo0 16 Testing and Disinfection 1 LS (,p00 VP&000°` 17 Connection to Existing at Ste 100+00+/_ 1 LSppp°O 4[Z ppp 18 Connection to Existing at Ste 112+21 +/_ 1 LS 1404,000 c90— 2f000 00 19 Connection to Existing at Ste 199+95 +/_ 1 LSL)007X .{ gJp°a 20 Connection to Existing at Sta 213+69+/_ 1 LS 21 Allowance for Overex and Refill 300 CY 22 Asphalt Removal and Replacement 50,000 SF 23 Site Cleanup and Restoration 1 LS °j $p0 2 560 00 TOTAL ITEMS 1 THROUGH 23: 'PMe:ut4 IF-:4 x 0 G Name of Bidder or Firm Domestic Waterline Improvements E-13 and E-14 BID SCHEDULE P�W929 IM49290-09001W %Slec Wddend.m 2W9 BM Schedule Addendum 2.d.0 PAGE 1 —Addendum 2 This is EXHIBIT A,consisting of two pages,referred to in and made a partofthe AGREEMENT between the OWNER and the CONTRACTOR 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).J Dated: V LY 2� t -O�0 Bidder. KAQ& uor;. 1 w L By: V6.N16L t_ J (Signature) Title: T -cS1��TCr I i Domestic Waterline Improvements E-13 and E-14 PROPOSAL PAGE 2 a:werso�i3a-oea3o-osooinoalscecelspe,atoowa&d.d. BID FORMS 1 1 CITY OF SAN JUAN CAPISTRANO INFORMATION REQUIRED OF BIDDERS LIST OF SUBCONTRACTORS FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) r As required under Section 4100, et seq., of the Public Contract Code,Bidder shall list below the 1 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 fist the portion of the ' Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The 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. R F ID Work to Be Performed License Number Subcontractor Name and Address h�sP�vi� t 400 U;.b4. ST- cov-,3pA,Cie,01AII ( 2ti``r6. d bt 1= �t Seo b9 8 Sop (RIOW614 5 1� 2 eev"A&I 20�.,3 1E.C6vw 1 vt Ke�to co �(+'I61 � 12" Lahr= 5to? X2406 ° t�oca+ 5. 3 Its° LiN�` � 30234 \.aS M.(*Mt� pJP. g" LAi,� `sjbP INUY�1€CAi 01i1x 3 f 1 �..-OiL-�=s11N� Gly - 1623 (t11.1.1oP C-�EDTCZHNI 4 `7 Sr. S.Gr1Pt0tz9 III &o- , U9E U`Cee`�C 'I,S 45 Yv l�g E,t�ou� 5 i LA WML+ JF3 a -a78 I Domestic Waterline Improvements E-13 and E-14 LIST OF SUBCONTRACTORS Pwszso��3a-os2sa.osaono� s�sa�a u�ias,c.aoo. BID FORMS ► ► CITY OF SAN JUAN CAPISTRANO 1 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID FOR I I DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) i State of California ) as. Countyof 0V-A'0QgF ) I, bD Nt>GL l DGK� being first duly swom, deposes and says that he or she is {>✓ P� SY57E? Of__ IJh PIPGU* t I NG • ,the party, making the foregoing Bid,that the Bid is not made in the interest of, of 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 fa 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 there ,to effectuate a collusive or sham Bid. Bidder Nb 1QE111J 1 Byt\�L l c7 Title ids tt7 6� P Organization ��PORAhC3t� Address ��3� �. h'litz�ilOMA 4VIrNc1In �'MCI�I-tTl/y a_�' �2a7o Domestic Waterline Improvements E-13 and E-14 NON-COLLUSION AFFIDAVIT v:wsxsm+aa-osseoasao+�o��s��,�smi+ caiusion.eo« BID FORMS i i' i CITY OF SAN JUAN CAPISTRANO BIDDER'S GENERAL INFORMATION - FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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: Ifo'bq �. MIP--a4e�Wib. b.Nr�Nuti E pl.�cfil_crle �, g2s�o 2. CONTRACTOR'S Telephone Number: (—I It(- ) Cl G I40DC3 '• Facsimile Number: (-I t t+ Cl 86 (+t 7 E-mail address Me>w1-63k-it W&pirwu0& • ey M 3. CONTRACTOR'S License: Primary Classification pt State License Number(s) 4614V67 Supplemental License Classifications / 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety `FAV5\XC --( AND %V0,'UT CC1NA?a� Cyf—" to .J (I,pkAp Address Sol N40\2: l t'AZp- Ny 'DOU 1 Surety Company Agent ING 1 Telephone Numbers: Agent(C(49) Surety($Ig) 40G- 280f4 ' 5. Type of Firm(Individual, Partnership or Corporation): C0F=pO'g4,r10h-1 1 6. Corporation organized under the laws of the State of: Cn�\,A Fo1ZN\N 7. List the names and addresses of the principal members of the fine or names and titles of the principal officers of the corporation or firm: D4x1�1- t-�L-Kt= �"�iGC 9CVtuV't'L $�Gt'»R`C /GYzE,�li�bi.sT GkttF�Ft�r�w�a.rcra{� ot—>-1csf� I 163q '�. MtW�••i-oMd. AYpIJ$ j63q F.- HiY�i-oMA Atib'1.1U6 I F'i,�ctb N'n b ��l� 9 zQ'7 0 ,-rn,p, is A al'z2�•Z o 1 1 I Domestic Waterline Improvements E-13 and E-14 BIDDERS GENERAL INFORMATION 1 P:w9290%1 o-oezWo 001Zccsl3pec%SPP oNS eade dere[lnn . BID FORMS I BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 4 9. List at least three related projects of comparable size and complexity completed to date: 1�}y5 $OV(}F P.>c►J VIGW tSYENU$ C, 1. Owner t:iTY QI1ATAA-10 Address c>n.�taw-to 4eo what Contact RK6.0 (31511h5Ph{ Class of work lze `(Lu5 wtzlv12t.106' Phone( qA395- 69 4 contract amount 114-62 t 66g Project( R69(C&Ij7 WXV4M Date completed � I3�o2 N6u+kYbPc gT: 2. Owner t;Address GsaROgJ G+IbVG CA. o7be+12 Contact ("1YUt`14 CAWv4 Classofwork_ 1LlNa l'HAt'r-t � I� Phone(-JL+11+ 1 - 5C1-1l Contract amount Project(�tff%W bNG -GtU3EQi Date completed t1 f 1 t 2mo A SVwWL / (OW-VW4 612014c - f3tv9. �N(a'CGYL.t-ta1rJ 3. Owner W+�mw- 0 tl.snu M— Address �Rc.MtaEIKC�A �'1�JN GR Contact 3(nk,= $WM Class of work- ' 0WIttERC- L,,JXr +ziir�6 i Pfione(-IIc{-) j! (5- ®'L�(o Contract amount Tb Y' X00 Project( Sb6!9 126 WI.,SOP6 Date completed T_ OSr— 11 7AT I n 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 11. Is full-time supervisor an employee -%,�OR contract services 7 ` � '2-Afinanoial statement-or-other4nformationand referencessutficiently-comprehensive-to-permifan appraissiofyour -- current financial cond0ion may be required by the Engineer. P 4 I I I I I I I Domestic Waterline Improvements E-13 and E-14 BIDDERS GENERAL INFORMATION PW929G113499290-W9011D.aVSp&WSPec8 MBldd.r General lnfo.d.c BID FORMS CITY OF SAN JUAN CAPISTRANO ADDENDUM NO.1 TO CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF DOMESTIC WATER IMPROVEMENTS E-13 AND E-14 (CIP 08803) July 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 1 addition,the signed confirmation page for all addendums shall be included with Bid. This Addendum consists of 6-pages and the following attachments: 1. Bid Schedule— I-page 2. Section 15089—Air and Vacuum Valves—3-pages ! Approved by: lk6oDate: Joe Mankawich City of San Juan Capistrano Received by: INC-- Date: Bidder's Compa ty Bidder's Signature jBidder's Typed or Printed Name i CITY OF SAN SUAN CAPISTRANO ADDENDUMNO.2 TO CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF DOMESTIC WATER IMPROVEMENTS E-13 AND E-14 (CIP 08$03) I July 19,2010 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 Capistrarm 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 3-pages and the following attachments: 1.. Bid Schedule—1-page 2. Section 15160—Line Stop Devices 3. Revised Drawings(9 Sheets) / Approved by: c ! ... Date: UG [y I q Z o/c J edv ankawich City of San Juan Capistrano Received by: -UN�c tI NG- Date:-_0.7a Bidder's Co p y i Bidder's Signature Bidder's Typed or Printed Name CITY OF SAN JUAN CAPISTRANO BID BOND FOR DOMESTIC WATERLINE IMPROVEMENTS E43 AND E•14 (C1P No. 08803) �I KNOW ALL MEN BY THESE PRESENTS, That HANA PIPELINE. INC. as Principal,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as,Surety. are held and firmly bound unto The City of San Juan Capistrano,hlereinafber called the"Owner"in the sum of TEN PERCENT(102%)OF THE TOTAL AMOITNTr BID 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 severalty,firmly by time 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: DOMESTIC WATERLINE IMPROVEMENTS E•13 AND E•14 NOW THEREFORE, if said Principal is a(warded a Contract by said Owner, and within the time and in the manner required In the"Notice Inviting Bids" and the•instruction to Bidders"enters Into a written Agreement on the.Foran 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, sold Surety shall pay all oasts incurred by said Owner in such suif,including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED,this STH day of JULY 2010 KANA PIP .INC. (SEAL) (SEAL AND NOTARIAL BY (SEAL) ACKNOWLEDGMENT OF SURETY) '17,bt-ttF.i_WL(e-b l �F�ro�-(aFAL} (SEAL) { (Pt4xipsl) FIDELITY OSIT COMPANY OF MAR BY �a (spnawre) i JANE KEPNER, ATTORNEY-IN-FACT 'I (SigctaNre) it Domestic Waterline Improvements EAS and E-14 BID BOND(BID SECURITY FORM) rooma�aemlzo-reoonroc�sy,.�epyso',,z cue mama. BID FORMS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of rari } On �7' 20. 2ID15before me, plr101�l5V1'( tr� , �, aU�ijltC, Dere '(� I Here insert Name arM Tgb d Cw r personally appeared t/>fIIP,i L[ ckP. Namett)d&gner(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(p) Wft subscribed to the within instrument and acknowledged to me that he/OWthoy executed the same in hisl4jiajrltfst authorized capacity('(pQ, and that by his/beAWr signature(s) on the Instrument the GIMARSHKIND person(lp, or the entity upon behalf of which the Commission•1985237 z person@Q acted, executed the instrument. Notary Pubft-CoIifomia z Ormrpa County L 1 certify under PENALTY OF PERJURY under the Comm, ss- - - - - - laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signatur Place Notary Seal ardor SYemp Above Slgirefure of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document c T r� , Title or Type of Document:N({ band -&- JO 6-A��A 2H -QAC,W A' Document Date: 'T 21 - ;?D(® Number of Pages:..Pga Signer(s)Other Than Named Above: Jar,a.r Capacity(K Claimed by Signer( Signer's Name: (O� 0Ya42, Sig is Name: - €9.Corporate Officer—Titlejq)r-PreSl r OrY� ElCorpo t6 Officer—Title(s): ❑ Individual a ❑Individua ❑ Partner—O Limited ❑General T of thumb here ❑Partner— 'mited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee - ❑Trustee - ❑ Guardian or Conservator ❑Guardian or Conservato ❑ Other: ❑Other: Signet Is Representing: Signer fs flepresenting: I t?g2&n2- lnC 02W3 Natlonel Notary Assn Mon-9350 De Soto Aw.,P.O.Box 2a ,ChebwaM,CA 913132 ,v .NagoroW are .org Item#5997 aeorJer.CAToll-Ree1-a99-87f16927 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange H On JUL 0 8 2019 before me, K. Luu, Notary Public tHere.Wed mans and title of thaftleas) 12 personally appeared Jane Kepner who proved to me on the basis of satisfactory evidence to be the person(s)whose narn*)istare subscribed td the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(les),and that by his/her/their signatore(s)on the Instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct K Commission V 1778641 WITNESS my*d and official seal. Notary Public -Coliloinla 1:" orange County ...a thyCamm.FxhYes 1 '2011 404=12-111—1i SignatmenfliotsultPublie (Notary Seat) fy ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any ackburatkageont ompletaid In CoWnle asset contain verbiage exactly at DESCRIPTION OF THE ATTACHM DOCUMENT appears above in the notery sacirm or a saparim,acksmeledgeusnfins,must be properly coWleted and attached to that docusumt. The only majodon is if a docustwar As to be recorded outside-f CAVernfe In such ImArwer,any allarnatim R —los—Imignser verbiage as may be printed an such a assonant so long as the (Title or description of Arbsched document) varblar dm no require the nontry 0 A,somatiting thus ir Ilisgaijbr a notary in Colyhrmia(in certifying the authorked capactir of the itn").Please check the docunresit carridlyJor proper notarial wording and amach thkf�Y'required. (Title of description of attached document confirmed) Sure and county information must be the Stain and County wham the document Number of Pages Document signer(s)pessmudly appeared before the notary publioibrarlatowledgment. . Data of wharization man be the data thattlu; *am@)pecomally appeared which Must also be the same date the acknowledgment is completed. (Additional minumafiam) - The notary public moat print his or her name as it appease within his or her title(notary public). v Print the name(s)of document sigrar(s)who personally appear at the time of AsAfinnithlit, CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forces by cresting off incorrect forces(in basswum, 0 Individual(a) mfoomationmay,Ind torejeotion of 11 Co orate Officer The notary seal impression must he clear and photagniphicalty reproducible. Impression must not coves test or lines.If"A impression smudges,Moral if a (Title) sufficient area permits,othansisa complete a diffecont Acknowledgment form C) Partner(s) Sigmem,of the notary public most match the signature on file with the office of the county Cleric. C9 Attomey-m-Fact 4 Additional Womsation is net required but could help to =Jm= this 0 Trustee(s) acknowledgment is notmisand"attached 0 4 different document, 0 Other Indicate title artype of attached document,number of pages and data. Indicate the capacity claimed by the signs.If the claimed capacity is a corporate officer,indicate the title(1c.CEO,CFO,Secretary). e securely attach this document to the signed document Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dat by nominate,constitute j and appoint Jane KEPNEP,of Irvine;California, its true and lawful - make,execute,seal and deliver,for,and on its behalf as surety,and as its act and 0 ngs,and the execution of such bonds or undertakings in puts o s on said Company,as fully and amply,to all intents and purposes,as if xe t ged by the regularly elected officers of li the Company at its office in B r6 IT is power of attorney revokes that issued on behalf of Jane Kep ov The said Assistant the extract set forth on the reverse side hereof is a nue copy of Article VI, Section 2,of the By- y,and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of April, A.D.2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ' .pD otvof. 4 n. By: Eric D.Barnes Assistant Secretary William J.Mills Vice President State of Maryland1 ss: City of Baltimore f On this 26th day of April, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. iz ISI `Ihlppp0`` _ Consiance A-Dunn Notary Public My Commission Expires: July 14,2011 ' POA-F 072-5025A 32400 PASEO ADELANTO /� �t^y • MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493.1171 LLLliI lll::all SAM PLLEVATO mnuomR LAURA FREESE (949)493-1053 FAX • K1AItIfetl I 1961 THOMAS W.HRISAR www.sanjuancapistrano.org 1776 MARK NIELSEN • • DR.LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano at 7:00 p.m. on August 17, 2010, in the City Council Chamber in City Hall, will meet to consider: "Consideration of Award of Construction Contract for the Domestic Waterlines E13 and E14 Project (CIP 08803) (Kana Pipeline, Inc.)" If you have any 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 and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, August 16, 2010 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 or JMankawich(a.)sanivancapistrano.org with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.oro. Maria Morris City Clerk cc: Joe Mankawich, Associate Engineer }� San Juan Capistrano: Preserving the Past to Enhance the Future f•� Printecl on 100%recyclecl paper 32400 PASEO ADEL.ANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /�, SAM ALLEVATO (949)4931171 mm�mll LAURA FREESE (949)4931053 FAx • ISTIJUNII I 1961 THOMAS W,HRIBAR UWwsanjuancapistranao g 1776 MARK NIELSEN • • DR.LONDRES USO TRANSMITTAL TO: Kana Pipeline, Inc Attn: Daniel Locke, President 1639 E. Mialoma Avenue Placentia, CA 92870 DATE: August 24, 2010 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Contract— Domestic Waterline Improvements E13 E14 (CIP 08803) Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Keep in mind this documentation must remain current with our office during the term of this agreement. Please be aware, our office still needs to receive an E-verify certificate as outlined in your contract under Section 8. If you have questions related to insurance and E-verify 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 agreement is enclosed for your records. Cc: Joe Mankawich, Associate Engineer; Lindsey Mannan, Administrative Coordinator San Juan Capistrano: Preserving the Past to Enhance the Future PnnW on 100%racycletl paper AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) PROOF OF PUBLICATION I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter.I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California,on June 7, 1984, Case No. A-122949 in and for the City of rmeogk , awa San Juan Capistrano, County of Orange, State of Notlro®h—by given kat"Wed bkls for Coombe W. Wne ImPwemmtr E-13 end E-14C{fe�lkp No.all M will be JMethod tl CaINMW of 0. Cit LW Fnh wCi 11NSF California; that the notice, of which the annexed Za iowtlwm�nnn,.dbywlnbeq,m.d= is a true printed copy,has been published in each Pros Ne btldme ms Inwrod 10 mend a prebitl wok nxagh of the ProPnsd work a rM ext,," 1eckles which will be candntlmby theqy sl M ses m Jtiy T. regular and entire issue of said newspaper and Any bkklms who(vile c,' d kw ales wk 1uN porwibil lex eocaPtenca of wake�cwd: leans U.tl wa�ik)h.been eNdmt had s ales enpeclbn not in any supplement thereof on the following baso mme. be of the Pima end "on Ne tl Na dates,t0 wit: Cky 's once, CRY of am Jur, 32400 Puen eo Atleiento,SJum C pa"na. '=.0 may June 24 Jul 1,2010 be obmned tl leu nontehaidmie dwp of Wplus a Y FSM or m rdonior each voli Pivot �eAmorm nn pi.wJoe Mmkewkh,Aseocisle Ergkm tl lk4g)487w -4313. "I certify (or declare) under the penalty of oetm:Jane n,zoo perjury under the laws of the State of CaliforniaCffY OF SAN p�JUAN CAPWRANO ORANGE COUNTY,CALIFORNIA that the foregoing is true and correct": cw,mn,,,,Valley News Jorw24 July1 2 92525ee Executed at Santa Ana,Orange County, California, on Date: July 1,2010 = G N j625N. m M < rn relley Newsd Ave. A 92701 2209 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) )ss. County of Orange ) PROOF OF PUBLICATION I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter.I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange,State of California,on June 7, 1984, Case No. A-122949 in and for the City of FOR---- San OR90WSan Juan Capistrano, County of Orange, State of Nofioa is herebyH1r aeebd We fm Cmn,,W wa. Iwb1e 4nA b E�13 a E14/qP!b.OBB08)wip be reoeNed el the clWs of d1e Cfrk of .0 city of San California; that the notice, of which the annexed Jwn C.aonlie. i fhg0 rwa, ..7lfuwr re9d aloud. 90q al vihieh 6rt Ihy wa be o ered estl is a true printed copy,has been published in each w imW o+r«� w m. propaw.eaa ad. ea"d regular and entire issue of said newspaper and WhichWllb--.W d db�me 1o.,,,, My r, 29M bade.who W Ih.ppaepyad.ke wW .cwfe 1w axepWtce of SM sw mndi- not in any supplement thereof on the following 6--pt e1 wa` a ne.°Nc,, ,waem nw,WW rape been made. dates,to wit: copse of tte Plena aM SPetlficatlorw n an file 9t ne City Owk's CRea;Cay of Sen Jw CaapIetr 32400 June 24,July 1,2010 Paean Adebnlo,San JU Cepbtr ,('Mlortiiq e-W may be oblaawd a the rwnaeiurrtlable hwge of aro plus a ch?tBe of $20 for e W of Mb end speck ow" melad. F. more inbmwempa� canted Joe M-kawah,A mcbte Engmw a(999)437-4313. "T certify (or declare) under the penalty of Deed:June/T,2010 perjury under the laws of the State of California ►waefs c°�rYc — cfry of sAN JUAracApf9TNANo that the foregoing is true and correct": _ ORANGE COUNTY,rwuEawu Cepb YWey News June24,,V* 2m0 9252589 Executed at Santa Ana, Orange County, California,on Date: July 1,2010 w w z o Z7 cn c n Signature = W M C-)C, O Ca ' trano Valley News -0 5 N.Grand Ave. to Ana,CA 92701 tv (714)796-2209 N 0 ZO'd -itd101 -� oy- MOT001MY1MM0 ams FOR DOYESTIO MOTERYME IMMIOYEMEMTE 417 i E-ta(Oa Mm of ) Nolloe ia hereby Owen that sea of bldg for Domestie We- tedinp Imorowimems E-13 and E-14 QP NO.00803)velli be ra0atyed M the ,officeCo of the City,Cbrk bi the City of San Juan CapMrano, Calibres, until YrOO O.+rr• ae Thv► Y1p 15,EO1O a wNch time they will be opened and read&151. ProspectNe bidders are inured to Mord id a irM walk throuGn of the nro0osed work site and mdstiw facaftes Whbh will be conducted by the Cay a 10 mal on Juy 7, 2010. Any bidders who fa3s to atand the pmbid we.it ao.dft NII rasponaiblity for ecceotanp et all site condF OW Vona mud hive en beaydsm had a site imacaction been m been ade. Copies W the Plans and SanflJum, a are on foe at the Qty Clerk's Office, Ju of San Juen Ceolsbaa my be oO Acted at Sen Judi Canaherc California,sf$ and nay be Obtained a the each a of Plans ns wa of 550 des s Charge of E20 for each sm of Plans end contact ,S U mated. For more imanvekm please Contact Joe u Mankewich,Aaeabiae Enginwr d�f9a97 4e74313. Dated:Jude 17,2010 /sI&A Mord,City perk MARIA MIXiRI�,CITY CLERK Cr1Y OF SAN JUAN CAPISTRANO ORANGE COUNTY,CAL1rORNIA Caodatrano Valay News Juno 2I,July 1,2010 9252560 rn v m 1C v m N O ZO'd Z69296LVT2. 600 VT :ZT OTOz—LT—Nnf Christy Jakl From: Christy Jakl Sent: Thursday, June 17, 2010 9:38 AM To: 'Jennifer Chavez' Cc: Maria Morris Subject: Another Item for Publication - City of SJC Attachments: 100715 Domestic Waterline CIP 08803 SHORT.doc Importance: High Good Morning, Attached is an item for publication from the City Clerk's office of the City of San Juan Capistrano. Included in the attachment is the Notice of Transmittal with appropriate publication date(s) and account number as well as the publication. Please email or fax a proof to my attention at (949) 493- 1053 or gjakl0ftinjuancapistrano.org for review and approval. Sincerely, Christi JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949) 493-1053 fax i NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: 0041125000 FOR PUBLICATION ON: JUNE 24, 2010 JULY 1, 2010 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 & E-14 (CIP NO. 08803) PROOF OF PUBLICATION: Please fax to: City Clerk's Office, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 fax (949) 493-1053 telephone (949) 493-1171 AUTHORIZED BY: ari rri , City Cler DATE: June 17, 2010 Date of Bid Opening - 07/15/2010 Date(s) notice published - 06/24/2010 - 07/01/2010 Date affidavit received - I Date notice posted in - 06/24/2010 designated posting places NOTICE INVITING BIDS FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 & E-14 (CIP NO. 08803) Notice is hereby given that sealed bids for Domestic Waterline Improvements E-13 and E-14 (CIP No. 08803) will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2:00 p.m. on Thursday. July 15. 2010 at which time they will be opened and read aloud. 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 10 am on July 7, 2010. Any bidders 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. Copies of the Plans and Specifications are on file at the City Clerk's Office, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of $50 plus a charge of $20 for each set of Plans and Specifications mailed. For more information, please contact Joe Mankawich, Associate Engineer at (949) 48 4313. i Dated: June 17, 2010 i A RIS, Cl CLERK CI N JUAN C ISTRANO ORANGE COUNTY, A FORMA I CITY OF SAN JUAN CAPISTRANO NOTICE INVITING BIDS FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP NO. 08803) 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 July 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 domestic waterlines at the specified locations, in accordance with Contract Documents. The Work also includes bore and jack operations, concrete encasements and other pipeline appurtenances 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 and the City of Dana Point within public rights-of-way and easements, as illustrated on the Plans and described in the Specifications. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 120 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. 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 Domestic Waterline Improvements E-13 and E-14 NOTICE INVITING BIDS C:1Qo nnents and Settingsnca ens rnl al Settings\Temporary Internet FdeslConterR,0A k1KQFFSFQU105 NIB(2)da NIB-1 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 10:00 AM on July 7, 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: The Contractor's attention is directed to the provisions of Section 2-7, "Subsurface Data" of the Standard Specifications for Public Works Construction. Section 2-7 of the Standard Specifications for Public Works Construction is hereby amended in that a Geotechnical Report has been prepared specifically for the subject project entitled "Report of Geotechnical Investigation, Domestic Waterline Improvements, E-13 and E-14, CIP Project no. 08803, for the City of San Juan Capistrano, California" dated March 19, 2010 by GMU Geotechnical, Inc. A copy of the geotechnical report is available for review by bidders at the office of the City Engineer. 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 $50 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$20 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 Domestic Waterline Improvements E-13 and E-14" followed by the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF SAN JUAN CAPISTRANO Date co -Q2� CITY OF SAN t1ANttheoard NO By aria Clerk Domestic Waterline Improvements E-13 and E-14 NOTIC IN (TING BIDS C\Documents and Settingskswanson%%cal Settings\Temporary Internet Files\ContenLC W ook\KQFFSFW05 NIB(2)dmx NIB-2 CITY OF SAN JUAN CAPISTRANO ADDENDUM NO. 1 TO CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF DOMESTIC WATER IMPROVEMENTS E-13 AND E-14 (CIP 08803) July 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 949493-3955 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 6-pages and the following attachments: 1. Bid Schedule– I-page 2. Section 15089–Air and Vacuum Valves–3-pages Approved by: Date: —f-- -- Joe Mankawich 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 Domestic Water Improvements E-13 and E-14 -Addendum No.I Page 2 of 6 A. SPECIFICATIONS 1. Notice Inviting Bids,N-1,Change of Bid Opening time, Delete: 2:00 PM on July 15, 2010 Replace with: 2:00 PM on July 22, 2010 2. Bid Schedule Delete: Page 1 in its entirety. Replace with: Page 1 —Addendum 1, attached. 3. Section 01100-PART 1 Add: "1.15 JOBSITE SAFETY — Jobsite Safety is the responsibility of Contractor at all times. Contractor acknowledges responsibility for jobsite safety and acknowledges that Engineer will not have any such responsibility. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless Owner, Engineer, their present companies, subsidiaries, agents and employees, from and against all claims, damages, losses and expenses, including but not limited to attorney fees and claim costs, arising out of or resulting from performance of work by Contractor, its subcontractors or their agents and employees, which results in damage to persons or property, including wrongful death regardless of whether or not such claim, damage, loss or expense is caused in whole or in part by the negligence, active or passive, of Owner, Engineer, their parent and subsidiary companies, as well as their agents and employees, excepting only the sole negligence of Owner, Engineer, their parent or subsidiary companies and their agents and employees. 4. Section 01100-SURVEY,STAKING,LINES,GRADES AND MEASUREMENTS Add: "E. Contractor shall provide Owner with copies of all survey work, including but not limited to "cut sheets"and grade staking." 5. Section 01100-1.6 Add: "C. Allowance for Encroachment Permits: Contractor's bid shall include an allowance of$5,000 for each of the three encroachment permits (City of Dana Point, City of San Juan Capistrano and Orange County Flood Control) for a total of$15,000. This allowance may or may not be paid in full,depending on the actual fees paid by Contractor for the three encroachment permits identified herein. In the event that Contractor is required to pay in excess of$15,000 in non- refundable, non-penalty fees for these encroachment permits, then this pay item will be increased an amount equal to the difference between $15,000 and the actual eligible fees aid." Domestic Waterline Improvements E-13 and E-14 ADDENDUM 1 P:\09290\134-09290A9001\Docs\ pecs\Addendum01Q010-07-13-ADDENDUM-01 aAo City of San Juan Capistrano Domestic Water Improvements E-13 and E-14 -Addendum No.I Page 3 of 6 6. Section 01270-3.1-B.-Bid Item 2: Traffic Control,Public Convenience and Safety Add: "Work to be included in this bid item shall include,but not be limited to a recreation-path detour plan for work in the vicinity of the recreation-path located at approximate Station 106+75. The subject path shall be closed when obstructed or when adjacent work causes the path to be unsafe. The detour plan will be required as an attachment to the permit application for encroachment permits for the City of Dana Point and the County of Orange. Signs for the detour shall be installed as required by the City and County, and at least 7 calendar days prior to path closure. As a minimum, signage shall include a map indicating the location and route of detour,the anticipated start and end dates of the detour,and adequate signs to direct traffic around the work- area via the detour." 7. Section 02315-3.6 Add: "G. The annular space between the casing and product pipe shall be filled with air blown sand." 8. Section 02578-PART 3.1 Add: "E.LIMITS FOR PAVEMENT REPAIRS WITHIN THE CITY OF DANA POINT When pavement is cut within the limits of the City of Dana Point,the limits for repair shall extend 10-feet beyond the excavation limit(longitudinal to the street centerline),and from curb to curb(transverse to the street centerline). The full section of pavement shall be removed and replaced 12"beyond the excavation limit. The remaining repair area shall be ground to a depth of 2"below the existing surface and overlaid with 2"of asphalt pavement asspecified in Section 02578." 9. Section 02646-PART 2 MATERIALS Add: "2.6 PROTECTIVE COATING FOR DUCTILE IRON PIPE AND FITTINGS The exterior surface of all ductile iron pipe and fittings shall be protected with a minimum 30-mill dry film thickness of shop applied polyurethane coating. Polyurethane coatings shall be Futures Coatings,Protec II PW,or Madison Chemical,Corropipe 11 Abrasion,or approved equal. Polyurethane coating shall be applied in strict accordance with the coating manufacturer's written instructions,including recommendations for surface preparation and priming of the ductile iron." 10. Section 15109-2.1 GENERAL Add: "D. Valves shall be lined and coated with thermosetting powdered epoxy coating. Surface preparation shall be SSPC SP-5. Apply to a dry-film thickness of 12-mils in accordance with manufacture's recommendation. Epoxy coating shall be 3M Scotchkote 134 or Engineer approved equal." Domestic Waterline Improvements E-13 and E-14 ADDENDUM 1 P\09290\134-09290-09001\Docs\ pecs�dandum01@010-07-13-ADDENDUM-01a.docx City of San Juan Capistrano Domestic Water Improvements E-13 and E-14-Addendum No.l Page 4 of 6 B. PLANS4 �: 1. Sheet C-105 Detail 1: Change the two 45-degree vertical bends to two 22.5-degree vertical bends. 2. Sheet C-107: Delete the valve replacements on Goldenspring Drive,Eastwind Drive,Ironsides Drive and Sunridge Drive. This eliminates five(5)6"hydrant valves, six (6)8"line valves and three(3) 10"line valves. The 10"linestop on Goldenspring Drive is eliminated and a new 8"linestop is added in Coral Reach,slightly north of Eastwind Drive. A new Bid Schedule reflecting these changes is included in this Addendum. C. QUESTIONS ASKED BY BIDDERS AND ANSWERS 1. Question: The soils report showed that it was very corrosive and wanted to know if you could specify what specific coating needed to be with the valves,pipe, and fittings. Answer: Valves shall be epoxy lined and coated, as specified in Section 15109-2.1-D and in this addendum. Ductile iron pipe and fittings shall be coated with polyurethane,as specified in Section 02646-2.6 and in this addendum. 2. Question: There is not a bid item to abandon 8"ACP in place. There are two locations,one on sheet C-102 at Alipaz Street and the other on sheet C-106 at Coral Reach Street.Will there be a bid item added to cover the cost of abandonment? Answer: The cost to abandon existing ACP pipe shall be included in the price bid to make the connections,which is bid items 17 through 20. 3. Question: On Coral Reach street is the contractor to remove the existing tee and three gate valves and reconnect the existing 8"main with a forty five degree bend?If so,will there be a bid item added to cover the cost of the removal and connection? Answer: The cost for abandonment and related work at the intersection of Coral Reach Street and White Sands Street shall be included in the price bid to replace 8-inch gate valves,which is bid item 7. 4. Question: Are there any advertising requirements or subcontracting goals for DVBE,MBE etc. on this project? Answer: No. Domestic Waterline Improvements E-13 and E-14 ADDENDUM 1 P:\09290\134-09290-09001\Docs\SpecsW dendumOl@010-07-13-ADDENDUM-01 a.Eccv City of San Juan Capistrano Domestic Water Improvements E-13 and E-14 -Addendum No.I Page 5 of 6 5. Question: What are the liquidated damages on the project? Answer: Liquidated damages are$500 per calendar day, as specified in 01100-1.9-C. 6. Question: Are all of the valve replacements located in the City of Dana Point? Answer: All of the work illustrated on Sheets C-106 and C-107 is located within the City of Dana Point. 7. Question: Are the backfill requirements in Dana Point the same as in San Juan Capistrano? Answer: The backfill requirements specified in Section 02223 are for both Cities. 8. Question: Will the shutdown be coordinated by the City? Are there fees associated with the shutdown? Answer: Contractor shall be responsible to schedule and coordinate all shutdowns with the City. Bidder's attention is directed to Section 01100-1.7 -Service Shutdowns and Public Notification. There are no City fees associated with the water shutdowns described in Section 01100-1.7. 9. Question: Is night or weekend work allowed? Answer: Night and weekend work is not allowed,as specified in Section 01100-1.10—Work Restrictions and Site Constraints. 10. Question: Will the addendum clearly state the paving requirements? Answer: Paving requirements and limits shall be asspecified in Section 02578 and this Addendum. 11. Question: Do the valves have adapters on them? Answer: The new valves shall have MJ ends where it connects to pipe, or for flanged valves, a ductile iron flange xpush-on adapter shall be installed to facilitate the pipe-to-valve connection. Domestic Waterline Improvements E-13 and E-14 ADDENDUM 1 RM290\134-09290-09001\Docs\Speca derdum P2010-07-13-ADDENDUM-01 a,do x City of San Juan Capistrano Domestic Water Improvements E-13 and E-14 -Addendum No.l Page 6 of 6 12. Question: Are the additional removals going to be paid per foot? Answer: Removal and disposal of existing ACP pipe shall be included in the price bid to make connections,which is bid items 17 through 20. 13. Question: Can pipes be snapped into place using a transition coupling? Answer: As an alternative to connecting to ACP at the next existing joint,the ACP may be scored and snapped,as long as the work is done in accordance with OSHA requirements. 14. Question: What is the projected start date? Answer: The tentative start date will be immediately following the Labor Day Holiday of September 6, 2010. 15. Question: What are the testing requirements? Answer: See Section 02666—WATER PIPELINE TESTING AND DISINFECTION. 16. Question: Who will conduct compaction and survey testing and bacterial sampling? Answer: Contractor shall be responsible for compaction testing, survey and staking, and bacteria testing. All test results shall be submitted to Engineer for review. 17. Question: How much do they City of Dana Pont permits cost and who is supposed to pay them. Will there be an allowance for permits? Answer: As specified in Section 01100-1.6-PERMITS,Contractor is responsible for obtaining all permits and paying all permit fees. An allowance for encroachment permits is identified in this Addendum. * END OF ADDENDUM#1 Domestic Waterline Improvements E-13 and E-14 ADDENDUM 1 P:W9290\130.09290-09001\DocsV poms dendum l\2010-07-13-ADDENDUM-01a.Locx This is EXHIBIT B, consisting of one page, referred to in and made apart of the AGREEMENT between OW NER and CONTRACTOR. CITY OF SAN JUAN CAPISTRANO BID SCHEDULE FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) Estimated Extended ID Description Unit Unit Price Quantity Price 1 Mobilization and Preparatory Work 1 LS Cannot exceed 5%of bid items 2-23 2 Traffic Control, Public Convenience, Safety 1 LS 3 Pothole and Report 4 EA 4 Sheeting, Shoring, Bracing 1 LS 5 Construct 10" Line-Stop (Blue Sail) 1 EA 5A Construct 8" Line-Stop(Coral Reach St.) 1 EA 6 Construct 12" Line-Stop(coral Reach St.) 1 EA 7 Replace 8" Gate Valve 29 EA 8 Replace 10" Gate Valve 3 EA 9 Replace 12"Gate Valve 4 EA 10 Replace 6" Hydrant Gate Valve 14 EA 11 Bore and Jack Sta 203+41.75 to 204+11.75 1 LS 12 12"AWWA C900 PVC Waterline 2600 LF 13 1"Air Release Assembly 4 EA 14 Blow-Off Assembly 1 EA 15 Utility Overcrossing Per Det 5, Sht C-105 2 EA 16 Testing and Disinfection 1 LS 17 Connection to Existing at Sta 100+00 +/- 1 LS 18 Connection to Existing at Ste 112+21 +/- 1 LS 19 Connection to Existing at Sta 199+91 +/- 1 LS 20 Connection to Existing at Sta 213+69 +/- 1 LS 21 Allowance for Overex and Refill 300 CY 22 Asphalt Removal and Replacement 100,000 SF 23 Site Cleanup and Restoration 1 LS TOTAL ITEMS 1 THROUGH 23: Name of Bidder or Firm Domestic Waterline Improvements E-13 and E-14 BID SCHEDULE P:09290�134-09290-ID004�WordprooraflsWEdendum0l\09 Bid schedule Addend i.docx PAGE 1 —Addendum 1 SECTION 15089-AIR-RELEASE AND VACUUM RELIEF VALVE ASSEMBLY PART 1 -GENERAL A. Description This section includes materials and installation of combination air and vacuum valves. Air release and vacuum relief assemblies to be provide and installed per AWWA C 512, unless noted otherwise in this section. B. Application 1. Air release and vacuum relief valves shall be installed at high points in continuous lines 10- inches and larger or as shown on the plans. 2. If the profile changes during construction from that shown on the drawings, the air and vacuum release valves shall be installed at the high points in lines as constructed. 3. The installation shall be complete as shown on Standard Drawing W-16. C. Approved Manufacturers 1. APCO Model 143C,and 145C 2. Val-Matic 3. Pipeline Products Company. PART 2-MATERIALS A. Combination Air and Vacuum Relief 1. Materials of construction for combination air and vacuum relief valves shall be as described below: Item Material Specification Body and Cover Cast iron ASTM A126,Class B Float,Lever,Poppet Stainless Steel ANSI Type 316,ASTM A240or 276 Seat EPDM 2. Coat exterior of valves with one coat of primer and two coats of finish paint at the place of manufacture. 3. Coat interior of valves with epoxy at the place of manufacture. B. Steel Vented Pipe Vertical Cover 1. The steel vented pipe cover shall be manufactured from 12-gauge steel or approved equal. Domestic Waterline Improvements E-13 and E-14 15089-1 P�09290\134-09290-090011 stSpomV dendumOriZ5_15089Airvalves.docx AIR RELEASE AND VACUUM VALVES C. Copner Pipe,Tubing.Fittings and Solder Copper pipe and tubing utilized for the installation of the combination air and vacuum relief valves shall conform to ASTM B88, Type K. Copper fittings shall conform to ASTM B75 and ANSI B 16.22. Solder shall be fin-silver conforming to ASTM B32 Grade SBS. PART 3 -EXECUTION A. Location 1. Air release valve assemblies and combination air and vacuum valves shall be installed at each point in the pipeline as shown on the Drawings. 2. The tap for the air valves shall be made in a level section of pipe no closer than 18 inches to a bell,coupling,joint,or fitting. 3. The center of the PVC sleeve shall be, located as shown on Standard Drawing W-16 as described below: a. Where concrete curb or asphalt concrete (AC) berm exists or is to be constructed, and the sidewalk is next to the property line; 2 feet 1 inch back of the face of the curb. b. Where 6-foot wide or narrower sidewalk is to be installed or exist next to the curb; 10 inches back of sidewalk edge. Where there is insufficient Public Right-of-Way behind of the sidewalk,an easement will be required. C. Where there is no curb or berm,the location shall be designated by Engineer. B. Installation 1. Air release assemblies and combination air and vacuum valves shall be installed in accordance with Standard Drawing W-16. 2. Clean threaded joints by wire brushing or swabbing. Apply Teflon joint compound or Teflon tape to pipe threads before installing threaded valves.Joints shall be watertight. 3. The air and vacuum relief valve and the steel vented pipe cover shall be shop primed and painted. The final coat of paint shall be applied immediately prior to the final inspection. 4. A bronze ball valve with handle shall be installed on the copper service line above the concrete slab. 5. A PVC nipple shall be installed between the shutoff valve and the air release valve. Domestic Waterline Improvements E-13 and E-14 15089-2 PW9290\1 4.09290-09001\Docs4Specs deudum lP 5_15069Air VaNes.docx AIR RELEASE AND VACUUM VALVES C. Valve Pressure Testine 1. Test valves at the same time that the connecting pipelines are pressure tested. 2. Protect or isolate any parts with a pressure rating is less than the test pressure. ** END OF SECTION** Domestic Waterline Improvements E-13 and E-14 15089-3 P:\09290\134-09290-09001\Docs\SDecsWtltlendurnOP25_15009 Air Valves.0ocz AIR RELEASE AND VACUUM VALVES CITY OF SAN JUAN CAPISTRANO ADDENDUM NO.2 TO CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF DOMESTIC WATER IMPROVEMENTS E-13 AND E-14 (CIP 08803) July 19,2010 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 3-pages and the following attachments: 1. Bid Schedule— I-page 2. Section 15160—Line Stop Devices 3. Revised Drawings(9 Sheets) Approved by: ` Date: Fib [-s J 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 Domestic Water Improvements E-13 and E-14 -Addendum No.2 Page 2 of 3 J� ov Vfti A. `9PEcwpdA Ns 1. Notice Inviting Bids Delete: "All work must be completed within 120 calendar days after the date specified in the Notice to Proceed." Replace with: "All work must be completed within 150 calendar days after the date specified in the Notice to Proceed." 2. Bid Schedule Delete: Page I in its entirety. Replace with: Page I —Addendum 2,attached. ILANS; p 77,17 1 77 1. Delete: All Drawings (9 sheets) Replace with: The attached drawings(9 sheets),which illustrate the changes made in Addendums I and 2, along with additional clarifications. The revised drawings indicate"Mark I" revisions. C. QUESTIONS 4i&D BY BIDDERS:AND AMWEPV�'� 1. Question: Please clarify which bid item should contain the encroachment permits allowance. Answer: The Bid Schedule revised under this Addendum includes bid item ID#1A,which is for three encroachment permits at$5,000 each. 2. Question: Can we)cave the spoils"graded loader smooth"on-site within the dirt areas of the project limits? Answer: All excess material must be removed and disposed off-site asspecified in Section 02223. 3. Question: The Notice Inviting Bids indicates that the contract time is 120 days. Section 01100-1.9B indicates that the contract time in 150 days. Which is correct? Answer: All work must be completed within 150 calendar days after the date specified in the Notice to Proceed. Domestic Waterline Improvements E-13 and E-14 ADDENDUM 2 P W9290kiU-09290-0900100ca�SpemVddwdumO2VOI�07-19 ADDENDUM02 d= City of San Juan Capistrano Domestic Water Improvements E-13 and E-14 -Addendum No.2 Page 3 of 3 4. Question: Can trench dewatering be discharge to San Juan Creek? Answer: No discharges to San Juan Creek are allowed. When dewatering the existing pipelines for the purpose of making tie-ins,the water may be discharged into a City of San Juan Capistrano(City) sewer manhole. When dewatering the new pipelines after disinfection and hydrostatic testing, the water shall be dechlorinated and then it may be discharged to a City sewer manhole. If groundwater is encountered during excavations,the groundwater may be discharged to a City sewer manhole. In any case, Contractor shall be responsible for all necessary, piping, pumps, tanks,valves and related equipment to collect and transfer the subject water to the City sewage collections stem,all in accordance with the Contract Documents. 5. Question: The soils report does not indicate any buried dumpsites for concrete,asphalt or rock in the alignment of the proposed waterline. If these types of buried fill areas are encountered,can the contractor expect to be compensated for the extra costs for excavation and disposal and if so, how? Answer: No additional compensation will be made for subsurface conditions consisting of buried dump sites, concrete, asphalt or rock. 6. Question: Does the exterior of the casing need the same coating as the DI fittings? Answer: The interior and exterior of the steel casing pipe shall be shop-primed prior to shipment and no additional coating is required. 7. Question: Where can we place removed equipment? Is there a yard available? Answer: Contractor is responsible for identifying and obtaining suitable areas for staging as well as material and equipment storage. In no case shall equipment or materials be left on public streets overnight. The City does not have a yard available for Contractor's use. * END OF ADDENDUM #2 Domestic Waterline Improvements E-13 and E-14 ADDENDUM 2 P:W9290\134-09290-0 00lomslspoms dpmOurrA212010-07-19ADD NDUM02.do This is EXHIBIT B,consisting of one page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR. CITY OF SAN JUAN CAPISTRANO BID SCHEDULE FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) ID Description Estimated Unit Unit Price Extended QuantityPrice 1 Mobilization and Preparatory Work 1 LS Cannot exceed 5%of bid items 2-23 1A Allowance for Encroachment Permits 3 EA $5,000 $15,000 2 Traffic Control, Public Convenience, Safety 1 LS 3 Pothole and Report 4 EA 4 Sheeting, Shoring, Bracing 1 LS 5 Construct 10" Line-Stop (Blue Sail) 1 EA 5A Construct 8" Line-Stop(Coral Reach St.) 1 EA 6 Construct 12" Line-Stop (Coral Reach St.) 1 EA 7 Replace 8" Gate Valve 29 EA 8 Replace 10" Gate Valve 3 EA 9 Replace 12" Gate Valve 4 EA 10 Replace 6" Hydrant Gate Valve 14 EA 11 Bore and Jack Sta 203+41.75 to 204+11.75 1 LS 12 12"AWWA C900 PVC Waterline 2600 LF 13 1"Air Release Assembly 4 EA 14 Blow-Off Assembly 1 EA 15 Utility Overcrossing Per Det 5, Sht C-105 2 EA 16 Testing and Disinfection 1 LS 17 Connection to Existing at Sta 100+00 +/- 1 LS 18 Connection to Existing at Sta 112+21 +/- 1 LS 19 Connection to Existing at Sta 199+95 +/- 1 LS 20 Connection to Existing at Sta 213+69 +/- 1 LS 21 Allowance for Overex and Refill 300 CY 22 Asphalt Removal and Replacement 50,000 SF 23 Site Cleanup and Restoration 1 LS TOTAL ITEMS 1 THROUGH 23: Name of Bidder or Firm Domestic Waterline Improvements E-13 and E-14 BID SCHEDULE P.�9290\13409290-0900100caVSMMce ddwdum02\09 Bid SMiedule Addendum 2dou PAGE 1 —Addendum 2 SECTION 15160-TEMPORARY LINE STOP DEVICES PART1 - GENERAL 1.1 DESCRIPTION A. This section includes materials and installation of temporary line stop devices in existing waterlines in order to isolate portions of the existing water distribution while lines valves are replaced. 1.2 SUBMITTAL A. Work Plan: Submit details of the work plan, including set up, layout equipment, procedures, testing and details of the design to provide a temporary line stop and thrust restraints for the existing water system. PART 2 -MATERIALS 2.1 GENERAL A. Provide manually operated temporary line stop devices complete with tapping sleeve,temporary tapping valve, and line stopping device,as required for installation and operation. 2.2 LINE STOP DEVICE A. Provide line stop devices that are specifically designed as a means of plugging a pressurized domestic waterline without disrupting pressure of service upstream of the line stop. Line stop devices shall provide a watertight seal in fragile, out of round, or asbestos cement and ductile iron mortar lined pipes. Design line stop devices to mount on the tapping valve of a tapped waterline and to operate by inserting a stopping head through the opened tapping valve and install the head in the waterline until the pipe has been sealed tightly shut. Line stop devices shall be as manufactured by International Flow Technologies, or approved equal. 2.3 LINE STOP MACHINERY A. The equipment shall be a non folding type assembly utilizing a full size cut. The head shall have a sealing element which is machined to fit the inside diameter of the pipe and uses the pressure to seal the edge of the cup to the main while work is being performed. This equipment must be rated at 150 psi. working pressure. 2.4 LINE STOP FITTING AND ACCESSORIES A. Fitting shall be a weld type split tee. It shall consist of steel weldments; an upper line stop flange with a line stop nozzle and two full wrapper plates. B. Line Stop Flange: The outlet of each fitting shall be machined from a 150 Ib. forged steel flange (ASTM A181 or A105) or from pressure vessel quality steel plate(ASTM A285, Grade C); flat faced and drilled per ANSI B16.5. Suitable independently operated locking devices shall be provided in the flange to secure the completion plug. Domestic Waterline Improvements E-13 and E-14 TEMPORARY LINE STOP DEVICES P^09290\134-09290-09001\Dm5s Specs ddwdum02\2515160 Line Stopa.tloa 15160-1 C. Line Stop Nozzle: The nozzle,which lies between the saddle and the flange, shall be fabricated from steel pipe(ASTM A234). After welding and stress relief, the nozzle shall be accurately bored to accommodate the line stop plugging head. D. Full wrapper plates: The plates shall consist of steel plate(ASTM A234)rolled to encircle the outside diameter of the pipe. The plate must meet design strength to support and protect the existing pipe and support the welded line stop fitting. 2.5 DRAIN-NOZZLE A. Drain fitting shall be a welded steel nozzle. Tapping sleeve shall be epoxy-coated. The sleeve shall be lined with NSF 61 approved epoxy. Tapping sleeves shall be weld-on type IFT 525 or approved equal. 2.6 LINE STOP VALVES A. Install temporary tapping gate valves. Temporary Line stop valves shall meet working pressure of the existing pipelines PART 3—EXECUTION 3.1 EXTENT OF SHUTDOWN A. The shutdown will be accomplished by using a line stop. Because of possible internal corrosion, missing mortar lining, or deposits in the main, "bubble-tight"shutdowns may not occur. A satisfactory shutdown is one which; allows the work to be accomplished(i.e.valve installation) using drainage pumps to dewater if needed. 3.2 LINE STOP INSTALLATION A. Prior to ordering material: Excavate, if necessary, dewater and expose at the location of the line stop in order to measure the outside diameter of the existing pipe. If main is deteriorated; or if utilities will interfere with fittings, support/thrust blocking,or equipment; move location up or downstream to structurally sound pipe. 1. The caliper O.D. of all mains shall be used to determine ovality. 2. Measure outside diameter of line. 3. Verify wall thickness and interior condition by hot tapping techniques at drain nozzle location. 4. Restore as requested by Owner. B. Weld line stop fitting(s)and wrapper plates around the main. Install permanent drain nozzle(s)/equalization fittings to the main. Two fittings are usually required for each line stop. I. Permanent Drain Fittings -Because some amount of leakage may pass line stops,Two(2) drain taps of 2"or greater shall be added to the line to determine the quality of the shut down. Two(2)2 92' line stop type drain fittings will be used so that the temporary valves can be removed after the operation. This will allow no valve to be left at this location for added security to the system. Domestic Waterline Improvements E-13 and E-14 TEMPORARY LINE STOP DEVICES P909290113 09290-09001\DocsZpecsUEdendunn=5_15160 Line Stops dao¢ 15160-2 2. Drain Fittine-The outlet,completion plug and cap of each fitting shall be machined from a 150 lb.forged steel flange(ASTM A181 or Al 05). C. Pressure test welds with 110%to 120%of the working pressure. Spray soapy solution around all welds and permanent materials to confirm pressure containment. D. Pour concrete support and thrust blocking. Contractor shall m-coat existing pipe by hand prior to pouring concrete thrust block. E. Install temporary tapping valve(s)to line stop fitting(s). F. Mount tapping machine; open valve; pressure tap; retract cutter with coupon; close temporary valve; remove tapping machine. G. Mount high pressure line stop machine, open temporary valve, insert line stop plugging head into main. H. Test for shutdown at drain/equalization fitting. I. Install required piping, fitting(s)and valve(s). J. Equalize section of pipe through drain/equalization fitting. K. Remove line stop equipment. L. Install completion machine; remove temporary valve(s); install blind flange(s)and complete project as needed. 3.3 CUTTING OPERATION A. Drilling equipment shall be in good condition and equipped with power drive to ensure smooth cutting, and to minimize shock and vibration. Cutting equipment shall be tungsten tipped and have a coupon retention device drill suitable for retaining the size of the coupon to be cut. 3.4 TAPPING SLEEVE INSTALLATION A. Tapping sleeves shall be installed in conformance with the manufacturer's recommendations. Thoroughly clean the pipe barrel with a wire brush to provide a smooth, hard surface for the sleeve. Support the sleeve independently of the pipe during the tapping operation. The sleeve shall be pressure-tested. Provide thrust block at the tapping sleeve. 3.5 TAPPING VALVE INSTALLATION A. Tapping valves shall be installed in conformance with the manufacturer's recommendations. 3.6 THRUST RESTRAINT A. Provide adequate thrust restraint for tapping valve and line stop to prevent movement and leakage of valve or line stop or connections with valve or line stop in open or closed position. Thrust Domestic Waterline Improvements E-13 and E-14 TEMPORARY LINE STOP DEVICES P'.\09290\134-09290-09001\D..e peoa dd n0.m U5_15160 Llne Stops d.. 15160-3 restraint shall be constructed of concrete. Install, maintain, and remove thrust restraint for valve for the duration that the valve and line stop is in place. 3.7 VALVE AND LINE STOP LEAKAGE TESTING A. Visually observe valve and line stop for leakage following installation. 3.8 TEMPORARY LINE STOP DEVICE REMOVAL A. Following completion of the work; disinfect, install,test, and place into service the new valves, remove all tapping valves, fittings, line stop device, thrust restraint and connection hardware used for installation of the temporary line stop device. Backfill,repair surfaces, and restore pavement as specified. 3.9 TRAFFIC CONTROL AND ACCESS A. Provide and maintain traffic control and access at the location of each line stop. Contractor shall submit traffic control plans to the City for review and approval. Bury the line stop following installation. ** END OF SECTION 15160 ** Domestic Waterline Improvements E-13 and E-14 TEMPORARY LINE STOP DEVICES P]09290\13 -0 290-0900111)ocs1 pets ddOndum02@5 15160 Line Stops.doc 15160-4 Domestic WatedimfmpmemnIE-13and E14(CIPNo.08803) Bid Opening Date&Time: July 22,2010 2:00 p.m. PrcUect Manager Joe Marikawich,Lhj)jtws Eng,neer Pre-Bid Mewing: July 7,2010 10:00 a.m. Telephone Contact. (949)4874313 Addendum No.I-sent July 14,2010 Engineers Estimate:$90000 Charge Per Set: $50.00 Mailing Cost: $20.00 Contact Fees Payed By Addendum Sent I Issue Date Connoarry Name&Address Last i First Phone Fax Email Plan M a it Check Cash Credit 1 1 2 3 4 5 MeWIM Compliance McGraw Hill Constructori ce Doran. Vard.hec1,.,OMcGM w-HM corn � 2150 TOwn Center Place Sude 100 xmhlfh cmzOMcGrsw- Na 1 Na Anaheim,CA 92808 C. Adnarana (714)07-Ml "714)9374917Hill [AGC Plan Room R,ffin Road San No 1 No 7bietio,CA 92123 Martinez Elan (8511)874-8560 jes.a&gcod, L Convauchori Bidt,card,Inc 14420 Hotel Circle Ct.,Ste 215 No 1 Na San Nep,CA 9210113423 Schafer Mike (BW)4795314 (619)688-0585 Southern Caldforne Builders Association ]7Painter Avenue K05 Cindy0S.C.lBuildem om 1 We we 40 Whinier,CA 90602 Reac., Cindy ((562)3203600 (562)nG-3603 schhMSoC.lBuiId,ns oro BidAmenca 41065 El.Street we I weMurneto,CA 92562 Dayton Shannon (775)4738900 (775)473mq ShannoniftBaAmenca con, Reac!Construchon Data W TechnolNy Pky South,Ste.500 No I Na Norcross,3A 30092 Shuler Shell (800)424-3996 (800)3028629 curn San Diego Daily Tmnscnpt 2131 Third!Avenue No 1 No San Diego,CA 92101 Goodall �Allison (619)232438 1(619)2398625 Allison,GTadaI105DDT,00 ow w CCL C.tmb,,Inc 1938 Don Los,Place Bryan (760)7�22U (760)7�5-7251 bluskycdOstooglobal hot 711=0 1 711=0 Escondido,CA 92029 Lusky $50 Sieve Greck C.,otruct. 8026 E.Karma St 7/12010 1 111/2010 Lon,Beach,CA 90808 Dorea Steve (562)60134532 (562)4314818 ccorecoftea4, $50,00 Pacifflic Pipeline Supply 235 S.Pacific St 7MO10 1 =010 San Marcos.CA 92078 Mowry Braft (7W)471-7473 (7W)471-0e50P--ftjMPAmft I $WW $20,00 Paulus Encinearing Inc 2871 E Coronado St etwqzen�Wuw neenn 7122010 1 7212010 Anatman,CA 92806 raw. Eric (714)632-9792 211 E50.00 E20.001 Pro-Craft Plumbing Cornpany,Inc 752010 1 .31597 Older H"10 Stag (W91 7�5222 iSoe)7�790 tonn. phocraftplunnirni.com 7/62010 Redlands,CA 92373 (Burton Travis J Do Sigio Construction,Inc $50 du� ,5�Blaealker Street 77612010 1 7/62010 (Baldwin Park,CA 917M be Sigio III Julian �(626)4803900 $50 00 M*9 Bubalo Construction Co,Inc 61W Gayunst Ave. 7512010 1 7162010 BaldtonhParl,CA 91706 butalo Mike (626)980.77137 (626)9607897 IML�con, $%w Hosuppy 3132 Westminster Ave. Santa An,CA W703 (7`14)2654I951�,effre nes�hlu corn 71WO10 1 7WO11 Jones Jeffrey (714)265-8905 Vido ArtuomIn&Son Inc 11155 Rush Smost 7W010 I 752DI0 El Monte'CA (15")�42 Donelo Co 601 S Hamor BW 75 10 1 752010 LaHebra CAeW31 Hhng. ch— (562)1590-1" (552)5908700, $5000� $20 00 Domeslk Watedine Improvement E-13 and E14(CIP No.08803) �JohnT MeW,,Inc. 7 /72010 1 702010 Los Angeles CA 904)234510 (323)]80-0941 (323)26&2396 E60.00� r Basila Constrction,Inc. 7952 Armour Sl 71]/2010 1 7O201p San Diego,CA 92111-3718 Francose (Ryan (856)586-7800 (B58)586-0809 nanODOasiledio com fW 00 Kana Pipe ,Inc 1639 E Miraloma Ave. 702010 1 702010 Placentia,CA 92870 Saul �Me* 1(714)399-2229 (714)986-1417Imhsu10kan.pwhne com $W.D0� v GCI Ccnst con,inc. 245 Futter Ave.,OB-3 v 71712010 1 1 7012010 (Costa Mesa,CA 92626-4535 Tm Richard L. x(714)957-0233 (714)5 10.1148iOckt®aciconsWction com ESO.00 Atlas Allied,Inc. 1210 N,Las Baas St. 702010 1 702010 Anaheim,CA 92806 ISiclliani (Melissa 11(714)630-0633 1 (714)630-0445!missv®atesa8ied com $50 DD + r TTS5Algonnnn Inc. v 16835 Algorpuin Sl.,(1453 1 7/12/2010 1 ]!1212010 Huntington Beach,CA 92649 MCNutty Gregory 1(714)840634(5 (714)1111 ftyt% t 560001 Garcia Juarez Conduction PO Box 309 71122010 1 7/12/2010 (Brea,CA 9282241309 JaoksonJlm (951)6673535 (%11657-3956 Wnalc®amal com 550-00 1Zondbos Coryoration 1833 Diamond 51,Suite 102 7/122010 1 1 7/12/2010 San Marcos,CA 92069 Be" Crag (]80)510b747 (760)5105627 cralc®zondaos com E50.pp r VCI Consducdon 1 v 1921 West 11th 7/162010 1 7/152010 LolaM,CA 91766 Cod" �Vemnica (908)996-0905 (909)946-0941—d-OvcM cOm $W mi i i CITY OF SAN JUAN CAPISTRANO 17885 VON KARMAN AVE,SUITE 500 j DOMESTIC WATERLINE IMPROVEMENTS IRVINE,CA(9926" PHONE:(949)8095000 FAX:(949)8095010 E-13 AND E-14 (CIP 08803) www.letralech.com PROJECT LOCATION: CLIENT INFORMATION: CITY OF DANA POINT CITY OF SAN JUAN CAPISTRANO CITY OF SAN JUAN CAPISTRANO 32400 PASEO APELANTO SAN JUAN CAPISTRANO,CA 92895 Tt PROJECT No.: CLIENT PROJECT No.: 134-09290-09001 CIP 08803 PROJECT DESCRIPTION!NOTES: E-13 APPROX 1000-FT 12-IN DIA PVC WATERLINE E-14 APPROX 1300-FT 12-IN DIA PVC WATERLINE ISSUED: 30%SUBMITTAL 03/12/10 JUNE 2010 90%SUBMITTAL 05128110 100%SUBMITTAL 06/10/10 BID SUBMITTAL 06123!10 MEMBERS OF THE CITY COUNCIL ADDENDUM 2 07115110 DR.LONDRES USO,MAYOR LAURA FREESE SAM ALLEVATO THOMAS HRIBAR MARK NIELSEN JOE TAIT,CITY MANAGER VICINITY MAP: 6 6 HAAT -14 I C MMLfV1pN PROJECT LOCATION E-13 / PROJECT LOCATION , m DIUMM o�`m E,,, CITY OF SAN JUAN CAPISTRANO DIAL TOLL FREE - - 1-800-422-4133 'T!£ABT TVq MY9 4ronni f w rve 3 aeroia rau ow ?a c,L�r VICINITY MAP u ueer4uuaervnuar6sanrtiauuawr vaLvrcunv wis kr s. j .mr.v.sunn owa�w iS � g w z00 W e e e e : mmx e C x Q 31� a d Milli �i��s� �_ � � QJ o u7 € 8a 6 $88g @t� mAtlgA �R66 � sp ¢ � _ ` W g 99 gni yy �� o g =o gYg _ a gg3 it > • o g a a a = spa 3 g € tl g 4 Ytl�ma � o ~ LLIm y e tl= i �1 tlp 8 yy wM_ tg B o W 6L� a6 Q �p}5t{ BE/ C .5 jp jaj� Psy� asy a$f �Y qZ1 t F 8 _ d_ ss 8 0 _ i i _ A � 3Qrv3 SIMI ic tl € 1H Ill s ii Him 4 4 g 11 u gR 3 i E 41 ROM Wigt i E ¢RR tl tag tls g ; � � tl= fig Z CL �! s U. PI Is Ila 11 H s� w w o u m < AW3/3B'MM'JN3' IMYI'43ICWLM.W4LCOJ�5311i133HSgYJ14U09UU929UKLID2W4tl-Wtl04H.O40ZNl/t 1 2 a 1 5 8 T SII CONSTRUCT 17 PVC.CU 150 DR 18,AWWA C" - 35 35 Al_ ._ __ O . _ O -- . . FULLY $ N� + 25 LLJ lr; 15 $$3 � 15 SWC p Ae� 0 _ 100+00 101+00 102+00 103+00 104+00 � O CONSTRUCTION NOTES � � y. �• (( �i �Y E/%lyai a P� '�-•.�� / O �1 FURNISH ANOINSTALI tY MC.CL/3a 1511 IXtt8.ANM1VACa00 / �� Q� C r, w4� O a _-- — _ + OO CUNSTRUCTHIXtR iHR1A4T BLOCI(PEN STt1 N0.W-te E%19iFERCP�_� REMOVE �CUNSTRII ARTTHRIJVUfJ( SIDNC.W-15 INTFAFERMN3 PeWI-� I, v / ONp REIMSTILL INMINO VTYCFpMNPUa1TRNY U � . J __ T..i i �� E• T I 101100 lozao 1 y 1a3wo 1 Q W c' 1m.W fn W "- -- V2 ( 1 ;ll; Atawao.ao ANPRE EI I WAPFR Z (n p p SIp- 9 J W 21 A _ arss _ REc Tl oN pI I—� tom' 4T, j-7f-2a s 4rb -�d-`L�r9a ' rl� 4!Y -;T--�a-il --zzss �rss crtv ov new,vaurn�.v (j (n DANA POINT _ 2155 2155 (- QAl%STRANB T-7p55-- r _ ErIBI G CCFCD _— _ gSPM _ _ I _ _ _ nsvH SAN JUAN CREEK 0 0 p a p $ O + o � U Q F � W LuW Z t/1 J W X Lu H N A 0 w W �' A 1MRK MTE pESCAPIION Br CY[GIr C£SYiAMN CM1a1RNq Rgotl lb.. 131p1MOZU1 a �gfF35/p�._ 1 7015910 MLB 2 NB RW.lrc.:gllES Ci SW J1YH CMISTRNq NO MW.PoIM �� FFPROVEp: ® TETRA TECH DOMESTIC wE-13 UNE II7& CITY OF SAN JUAN CAPISTRANO E-13 MD E-14 - A E-13- 12" DOMESTIC WATER ww.1F0FYtl�mm M 1 1 � wEuuz CUW1Y +Te�vaH FArovw�vE,9007E 5po axil PLAN AND PROFILE (j-101 F'r A896TANT UTWTIES pMMM '"E'"am1' STA. 100+00.00 TO STA. 104+00.00 PIgNE:ISWI e0a50W FA%:191YI%=14 Cm h'TM. i 2 3 5 6 7 CONSTRUCT 12'PVC. LASS ISO DR 18.AW WA C900 - - - - I FULLY $ i F REMOVEAarvECEBSARYAro - - S 3aNrs I _ 45 REEINIaTm - - - EA6TIrvc suREncE ________ __ ___�OJEIt 0 O OVERC%)86MG.9EE O i - S�Af O2 OETSIX18M Gf05 ` - + ` _ Q 35 ~ 35 w -- s��m E _ r 25 'R 25 la �l8 HOR¢a'=b D 104+00 105+00 108+00 107+00 108+00 109+00 110+00 111+00 11_2+00 113+00 VA of V `A" ABANDMINx EAPPROA. & O VCl1FYBNL GWRT \ / ��1A-i / V '��T� V '4(Ap L5 �/� YW t£C WA1ER IINE 1 O _ VVV t �.�/ r� srA nz.zutm q29 �` �uovE wrewNG PGRTar° 0w E%IST W CONNELTTO E%16i 12'MP T '�-1Yy OF RPE.CLOSE VALVE,INSTALL Q + / / --OY$IiYM(FENM WATER PER OETAI� �$� r fir- —� -1 /� Y PROPOSED I2'C-900PVC( �'AZSTRW '��ss 2 euNO FL.wGEAr EncH ENP t2 PLts1. 1 f OOIRMCTOR RESPCR5BlE FOR DEWATERING ABVDCNm PIPE \ RINI a wCRV OF D,AKA FOIM RIW )vI �K1PA3STRM� p�N10 w 10N00 106rp3 10EfW 10Bgp N11'1 E lUK0 -AST REWE 2 w msTC CURB 1231.Y E%IST CHAIFLIN(FENCE i2Wv--MID PM1 - y - U Z Lu Zi _ 20W — - '__ a"s— may_- DANR €Ip KIND ERING PoR �PORIN)NE9NIO RERACE NNIIW 12 0.9PH C wZ OF OMU POIMPOIM PWf� V I �/ KIP BT 20'W 1 —2➢W —p•W — _ __pW -p.yy 20 r�� _2P W-�bc. U) U 3o G _. .— _ _ 30 G- - S31' Ti IST 4255 4255 _.. _ G P65 �1 AL/`' -i 2 s 4� .T�.- --n - 1-'`—�S zrssssL�Au ass s-Fwjioww ss _ cAR — ANO CIWNiYR(fENCE OCFfA RM1Y m SAN AIAN CREEK� I � O CONSTRUCTION NOTES B O �fUpN1$H AND NSTKLtYPVC,CLA55150IX218,AWNA COW O + 2 FURNISH AND NSTKL V NR-VAC ASSY PER STP NO.W-16 O3 CONSTRUCTHOpIZ THRUST BLOCK PER STD NO.W-ta U O CgIBTRUCT VERT THRUST K"PER STD NO.W-15 w W y$ U 6 N cF A ` AS R 4/JY( DATE CESCNPTICM BY CYt IX1Y0FSWAVNGWSTI4VU R w- 131-0B2NIWNI %# RpplfflT/ 1 I11Y10 IYCEXOUM2 NB R4.16:IXIIESCEBAII ANX GPIBIMNONp ONM WINT _ pyyRO BY A�RaEP: ® TETRA TECH TI -- DAB DOMESTIC WATERLINE IMPROVEMENTS a CITY OF SAN JUAN CAPISTRANO , fi E-13 AND E-14 I-H f CMWEBy 1H M E-13- 12" DOMESTIC WATER +TfIBS VON NARMNT AVE,suRE Soo ara.,l PLAN AND PROFILE C-102 a s.TAM`u uTlEs wracTGR "N"'BG®1` STA. 104+00.00 TO STA. 112+21.13 RIC.E:I➢°BI9W SW3 FAX,PhV) W®f0 GpAlplt,iam Tem Y i D / 5 It CONSTRU 12'PVC.CLASS 150 DR ISA NWACOW - - - - - - - �gi�S EXISTCONC DPAIN $� OY£R�Of NPE - 50 s 5 `950 __ --------------------------------------__ __ - 1 i O 9a.0.01Z1 5 .0000 - 5=00000 &X TS C> N 40 40 SLBE00 g W S 3 � a 30 4 30 a a. FULLY . FFF6 REST6 NORQ.1'aq MINTS Y£RT:T= D 200+00 201+00 202+00 203+00 204+00 205+00 206+00 207+00 EXIST Co UNSD f EXIST vM1(rrrl I CONSTRUCTION NOTES � fY/ Oi PROPOSED 77 C-900 PVC \ oRury /srn m»zB.i .q ry E O1 FURMSN nN ClKX +r wc.clASS 150 EXIST 9DEWALK E%ISTLgIL.IINED DRNN xr Y RECPOSE0 F1fNRE DRIB,AINNACB'JD (�BrLomErtt) I I Q WW-14 rrvowz TReusT eLocK PER STD Eusr PIL / � cm CF\ BC sra 206�V[J11 I I ND.w-1a Z \ EASTCURB&CUTTER a O I SK R/w n IXIBT FENCE Oj CgiBTRUCT VEPTTNRUST BLOLM PER T\\)\\X O �f EXtR Bio NO.W-ts /- }O 4 \� �• Lm OF SAN NYN O OS LLRSTRUCT BI_Wt-0FF PER DET S SNT STA1941.'l1 B%I DIR1 N N j BB•51 ` O Oa yyy rrsomcrwruee xe.• ,.? m .� �1 y�, n.v \ �cnvoe sw/ww 7i} NMPwATERfERDETaE —,, '11y- Q y - — -1a _._--x j4 � SICL- C-iar E%IBTFERCE �.� \ 2064z35B ROP6SE�IC-900 PVCtEU... REMOVEnSNECESWiY ST ROCXSNE Qj 1/2SS _AIIDMPN10fiBaMEp P OLATE AS NECESSARYZ $B sDREugaAxiq a — W 255�. 2G.. _ _— _-2t Ss -_ 2t•sST4 DF3AI�JUAts'— 2l'SS _� �- __ _ _ 0 _ LARSTRw RN/ -xS —'�? Zi$y^-- -- '�2 i, O � o. . ,. Azo+.zJ O _ -__ i4 slenw/�TewRE Z _ <'ss \ r-L — D R J W T .20.1___ --_.pw _- Lu 1 _ `_--= 2ow_' 3TP .1sW 21Ms <\ U > D.C.FGD Pm J/ --- JUAN CH 2v sJBAwniERUNE J REEK SAN JUAN CREEK SAN wRVE DATA e p A 19.15'Sr z1a0.ar 8)LST 1t-.w O n r $ Z o N m O � ^ O O N U W W Qh ? W A U p 2 0) F73 w � U � 0 w q NY ca MMK wTE DESCAPIIR/ BY GLIL cm of BANJWW CMIBIMMJ C Play No.: 151�C9IIOIXW1A{yESS/q,. 1 1/15'10 MOFH%1M3 NB OW.lac:C?£S Ci SW AMNGNBIPINONID DAHn POMI ppp"y By BE AGFIIMED: O TETRA TECH 'Y DOMESTIC WATER UNE IMPROVEMENTS 6-1 IED CITY OF SAN JUAN CAPISTRANO E-19 ANDE-u Z-, Bi — p Y E-14- 12"DOMESTIC WATER ""°°"°m a<.15d+ PLAN AND PROFILE C-103 WILLLW CIIIYK 1]865 V1Y1NMWNnVE.SUITE 50l ASSISTun UTUTES DRECIOR 'RY"'E'Lffla STA. 199+91.11 TO STA. 207+00.00 R GIKMEIB591 B0%'A]D FA%:(Bw)9oo-5010 I Lmmtl"-Tr.TM 1 -1 i R 3 d 5 e CONSTRU 12-PVC.CLASS 150 OR 18, MINA 0900 E`Mnw IlUlli'm E FILL AND DV ERCROSSING. E%4TAL'PAVEIENT 55 ,E.PORPRV RISBLE STOd�I OVER OFPME Lp.PACi 2 DELSp1311I G105 RE40JEAND REPLACE ' IN KIND. 55 F O _ 3=1.0000. - ._ ____ getCWO - �- I O - O N 3 Q OOTB- - 45 a 45 z � a Za as 35 a a 35 0 MINIS' VERT 1•=q' D 207+00 208+00 209+00 210+00 211+00 212+00 213+00 214+00 I1 'b\ E%ISI BIOEW'AIl( /' BT CO 1 ' EXIST WgflO RM L / VERIFYCONNECTKINZ K I REMQJEAID 1 CYtt OF 9AN JUMI REMOVE INI£IiFEPoNG \ E%ISTMIN ADYDACPPIPE. F INIERFERINO CONSTRUCTION NOTES RB.gVE AND OISF Z PCRTOl60i EXIST 1O FURNIBN ND INSTALL IR'PVC,CLASS 150 1 � 1 CAPISIMNO(LW I PCIKIONSWID RE0.ACE IN NMIO \ O ACA PIPE Z 1Q DRIa.AW WA OM EXIST CHMNLW FENCEI 10+. _ O3 FURNISH AND RISTALL I-MWVAC p95V PER STD NO,W-16 1� 1 1 --' y TRAIL®>' ERS) T OPROPOSED 4P SiJO PVC �\ ' ( ! �',_y -CYT X-- _ _ _ O3 CONSTRUOTHOR THRU TBLOCKPERSTONO.W-ta j A /f � W \ O CONSTRUCTVERTTHRUSTBLOCKPER 1w- 7 Y Ener dtNEwAr,wo oArE - STONO.W4S zewBD -ass 1 ENO CONSIWICipN m 1 12w' FJ]STAIR-VAf. 3ti ltl.1G ,L� G F}yrNIICTTOE%I CURVE DATA C (n ST TtEEBAFffPU EIN MM —uE ___.3(I'G�'- /" PA2 ST / _` wA'fERPERPETALL i�AM1 _ __—aL3-LMftS 2(n w _ _ p G _ y55 — R m (n N _ G dY55�" _ \ —2 55 _i .- -1 �`--�-- o�see�.Iw •- �20w - 3 _ B m� � N 18'1"r 21M m y A \D d w O 0 w O NNtl( WTE DESCRPTgN BV ORt CRYOF SW JUNI CIMIPINO NopUM.. 1Ndn2WORN1 I[OF 2 Ip Rq.tAc':GIIE40F SW JUNlCM19TMIq ANO DHH GOIHI �BY BE APvaovEa ® TETRA TECH DOMESTIC WATER LINE IMPROVEMENTS, LLG e CITY OF SAN JUAN CAPISTRANO - E-13 AND E-14 s1-ncn.ei.a Br: NB E-14- 12"DOMESTIC WATER ,]BB6VCN I(MWNAVE.SUITE 5R1 '�'LP�..1pd`*� PLAN AND PROFILE C-104 "a9T 1fFSD/EDTtl " '�° STA 200+00.00 TO STA 213+68.9 Plgre�(aq eoosBm FNC rodFl Bocwlo CcpynBlP Tete TSA 1 2 3 6 /I Id / `�� REMWEENISTPIf£ ��EXIST IY WC WATER AILD INSTALL � _ VALVIE FLG X MU—' TMRVST BLCC! I EXIST DATE VALVE PER GID ND,IK FURNISH AL N$TLF E%ISTB' A / — TC/ FVC Z WRMSHNOINSf11L ROGW 501 II __ __ _ $ /� gIEIXMLTRlWBITDN COUPLNG NQ � T I CCMECT TO ACP ATNEAflESI IXIST ••. 20 / 'LMI0YP'2) ' \. T ACP WATER. AdFPEEXIST FUFMISH MD INSTALL III EXIST B'AWW VI2 ACPW X�EV�� E%IST TEE rxwXwm EE SAME ALIGNMENT �y GE s FtAdIGH AND E6IALL FLGXFLGXFLG A THRUST BLOCK -SGVWXKG2 Xs•vERr eEID wRH (¢ MARINER WAY rt 11 12GATE VKVE sj WVERT EIBDWTLINGG N 1 WARD E%ISI B'GV Ft%YNISN MNINGTALL �7 m EQU I AND INSTKL RAMC BID 12 GWO PlC sSs E {\ OR EpLLL TRNISRWNCWFLHG f W / ` CCNNECITO E%IST tr ACP WATER AT -- t8'VERT BEND WRH FUflI•BH ML INSTALL NEAREST E%IST.DWIANO flEYOVE Q ___I__ i I � vert reflusrawcrc 1r cBoo Pvc IIIIEPiERWp voRTaN /T �//]y � l y FURNISHIMIDINSTALLI CGVFLGXFLG, NIXIVALVE yp J J fP 1r XTREdICEA 0.G%FLG 1f yFRTBD FURNISH AND INSTALL I E%IST I2ACPW E%IGT iTGV CONNECT M MST FLANGE O - l� / R.GxWwr THRusT eEacK 1res90 cvc ___ ousTTHRusr aLocK canNEcrro Ewsr TEE 1 VIA MONTEREY�� i FURNISHSEDEMIOINSTALL CC900P LENGTH .. 1 PoBEDEfOiMINED IN FIELD J I N mP 1 REMOVE E%IGT CAP / ^\ Y ND E%18T THRUST BLOCK E%ISTITAWWATER N I /% 4IXIST 8'ACP 1 rill ALIPAZ.ST / I z F O / 12"DW AT STONEHILL DR 12"DW AT CALLE JARDIN 12"DW AT MARINER DR 12"DW AT VIA MONTEREY CONNECTION DETAIL CONNECTION DETAIL CONNECTION DETAIL s CONNECTION DETAIL (a\ SCALE:PSS G101 SCALE1 •3 C102 SCALE 1'•F C-tDt SCALE:1-6 C-tOt 21?BRpi4 FIRE NOGE 24'M.H.RINGAN)GOVERMARXED ILlIlE WfIH CMBCHAW BLOWOFF,MIN.FRAME WEIGHT B WW MO' FULLY RESTMFBIED gINT$ •I9' FISURFACE g• COVER WEIGHT:==BS. MMMDLE MBI HT04'GRADERINGS GRACE RINGS —BRASS HOSE ADAPTER VALVE SOX PERCITY SIO RAN W-13 rPOTTERRCEMER2830 C AIRMID VACUOM RELEASE ORAFPROVED EQUAL — 1T%IT%g'DI TEE B'MIN I E%ST 911RFME ASSY PE114TD NO.W-i8 1 6 8'TYP MOM TYTYP ________________ 8. ?VIc10'CONLiETE GAGE 1r oW CL 359KVE WELL TYP T BLIND VWLE W/T IM CONCRETE SUPPORT PM GFAVEL 1Y DI J5'FFfTNG, 1mP) CL 350 8-DIPSPNL 8-WREDTEE W%MJ WIM)WT RESTMINTS(TYPI N 3 y � CONCRETE GUI'PORT 5bCd252 TVPEV W X W WI.LIM 1Y M 8'-BD'ELBOW RESTRANT9(TVP) g-BLWOFIG B 2l'NW. EXIST,UTU." RPE SLIPI b MP AS pOy{ON XFLNICE ADAPTER LENGTH AS REWIRED CER L WDIP LENGTH AS REQUIRED ITFl WATER 12'PVCWATER : — • �� I& trzlrxa I I coNc.vSRTTMDGI WIFE g FLANGE% SECTION A-A BIOC<PERSTONO.W-15(FYP21 Q ^_ 911TTERFLY A A K� NOM. L J I. INGTEM IDENTIFICATIONPPRC,JETAPE ONRPING + SYSTEM PER PROTECT7AFE ION RPIN. I I I 1 A PLAN TYPICAL OVERCROSSING DETAIL @) MANUAL DRAIN BLOW-OFF �1 g NOT TO SONE MOTTO SCALE 5� Y MMK DATE DEGCNWRCN BY CWt cm CF SW JII.W CARSIRML P�gN9 W.: 1JfCBrJJOILI 9N AyfE55/ 1 7HB10 ADCENWM2 A91¢'CGIFSpFSµA1.W CAPl41tUFL M'OOAIM PqM _ D"gMBY BE PPPROVED' ® TETRA TECH ^ DOMESTIC WATER LINE IMPROVEMENTS plwn ST. LEG CITY OF SAN JUAN CAPISTRANO .1® — E-13 AND E-14 DRN. NB !: CONNECTION AND MISCELLANEOUS .Pi WIILMM CLPRY t)BB6VW XAflIMNAVE.5lRE5T m M ET CAL\ER` DETAILSC-105 a_ ASSISTANT UIRRIES OXiE mANNE.CAe81• FIICtE:(ING)&X'SX0 FAX:SW)WB010 Cop,N:TM TNT 7 Iii 4 NE IT I le I I t 092 flil. J,, 1DE �- 3LUE FIN IN 4 It ---—--- E 31 2EL7' NOTES 12 I REMOVE AND REPLACE(QTY)GATE _1 O VALVE(S)PER SPECS. 1 2- .12 �.52 256 2 2D52 2'o�2�57�r TRAFFIC CONTROL PLANS 1z' SHALL BE PREPARED By K L 4 CONTRACTOR AND SUBMITTED 11 2 X1, TO CITY WITH ENCROACHMENT _PERMIT APPLICATION. 2 1 f"I t 33212 g, yi. I ALL SHUI r'bOWN SHALL BE OCOORDINATED WITH CITY 4 24/ I OPERATIONS AND ONLY CITY 71 STAFF ARE ALLOWED TO 2V 1 lea I - 14 I— TURN EXISTING VALVES. uI, CZ ---I 1332ai h I VI 52 MAXIMUM SHUTDOWN DURATION 21 1 SHALL BE 4 HOURS. 2"r t i CONTRACTOR SHALL BE f �,fJ RESPONSIBLE FOR CUSTOMER L a 41 NOTjpcX`nONS PER SPECIFICATIONS. WIWI -Ii- 21IF' 2' -06 REMOVE AND REPLACE 6' • 11",4 1 1"'o 2 firIV -W-6. HYDRANT GATE VALVE PER STD NO. ' "w, 1 N STALL TEMPORARY LINE-STOP 2 r1. P PER SPECIFICATIONS. 13.'Il 6 CI-10, P1 2' --�AO DO - 6 IIS- LACE 333Iil 7 3Tl3l1_w, 33&53a -7 ,33" 34 11 IL71 37 E 3 VA I A w LL FIT T G NQ'/ —_ j I E 2 ST IRR EASI-foo :2 111 1h 81 SE��SHEETIIO- T. �TCYU�il§`4 0,11 'IMA 0; 11d401111011 1110 C.— C,Ixiny 111,Y) h. wm OFSC PIIM ay g DIY 1 711&10 N%IE .2 e NPRWED: ® TETRA TECH 3 DOMESTIC WATERLINE IMPROVEMENTS eB CITY OF SAN JUAN CAPISTRANOE-13 AND E-14 VALVE REPLACEMENTS �E, M14 ATLAS B14 ceyyrgM ir.T. P 3 3'4 Z MAt LPN HEET/P, 065i� 12C Iq IS If NOTES (2-10', 8") (61 2io 7 F REMOVE AND REPLACE(QTY)GATE 6 VALVE(S)PER SPECS. 049', 1-8') (2 It I'Ilr e 1-t, TRAFFIC CONTROL PLANS -1 SHALL BE PREPARED BY CONTRACTOR AND SUBMITTED klu p jr TO CITY WITH ENCROACHMENT I A I itIw PERMIT APPLICATION. 1 6 , Z 6 ALL SHUT DOWN SHALL BE COORDINATED WITH CITY ,Ikk os�, ITi. Id ","t?f 4 OPERATIONS AND ONLY CITY k, STAFF ARE ALLOWED TO (24) TURN EXISTING VALVES.N I c 7 (8 1) G) MAXIMUM SHUTDOWN DURATION 5 6 �l SHALL BE 4 HOURS. EAS_ CONTRACTOR SHALL BE RESPONSIBLE FOR CUSTOMER (3-8') a f NOTIFICATIONS PER SPECIFICATIONS. l , 31 27nn 1 34 _ I O REMOVE AND REPLACE 6' Q4 HYDRANT GATE VALVE PER STD NO.W16. I. IT, (2-8% —10 7M INSTALL TEMPORARY LINE-STOP 7 PER SPECIFICATIONS. STO k I FI 1 Pit YI III IT m 13 wr ic7 c 17 1 20 c- 0 42 A; Is 2' If c It'Cr 110 02 ids 4, 1 q qcr In T �BegC.P4 21 & I r ZP 1 21 77 89 2 OR 2 - — — ——— —— —— — — - — — — — —— — — — —— — — - I C,,, I, zI4R-l—I. I.,-IT- L'iL Ill— I I:- I'LlIll—1 .1 Ill 11.1. l�Ill l U ILIT—IIIII, I II I Cll,fl I 111.k- 11 "I I—I I.IJ Ol It. 1.1, —.1- IU �he GlS ClIm-1 flIl5ln1i .1 '1 rfl—I EW CE9fRP1roNBYIlIt 'IWO �"2 w O, w PPPBOVED: O TETRA TECH DOMESTIC WATER LINE IMPROVEMENTS ft, LIM CITY OF SAN JUAN CAPISTRANO E-13 AND E,14 8,,. 41 17M��,to,N AVE.SUM 50Da uaVALVE REPLACEMENTS C-107 ASSISTNJ,UITILMES UIRXITI)ItPIICNEI�,IA512514 ATLAS B15 Tin T. Bid Opening Report Page 1 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement El and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder Bid Amount n Bid Bond/Addenda? 1. Savala Construction Co. $ V �'1© �� / D� 2. Stephen Doreck Equipment Rentals, Inc. 3. Cedro Construction Inc 4. Kana Pipeline Inc _� > e4co 5. J. De Sigio Construction, Inc 6. Sandoval Pipeline Eng. 7. Kennedy Pipeline Company $ $ 2 J�7��Wv� 8. Vido Artukovich & Son, Inc c)-r3, *5 Sign Date T1d�l� 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. Bid Opening Report Page 2 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement El and El CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder Bid Amount Bi��dBoond/Add�-end�a?�" 9. SC Valley Engineering Inc $ (, y� / µ rx-�' 10. TTS Engineering 11. Dominguez General Engineering Inc $ / O 12. Basile Construction, Inc 13. VCI Telcom, Inc $ T � �w / $ cad 14. CCL Contracting, Inc 15. John T. Malloy, Inc $ ` �w / 16. Atlas-Allied, Inc Sign Date e:J dd 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. Bid Opening Report Page 3 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement E13 and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder /Bid Amount Bid Bond/Addenda? 17. GCI Construction, Inc $ t 1-)h 18. Paulus Engineering Inc 19. 20. 21. $ / FI–72—] 22. / LI—I 23. L17 2 24. Sign --( Date �f�ILA� 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. ' Bid Opening Report Page 1 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement E13 and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder Bid Amount BidnBond/Addenda? 1. Savala Construction Co. 2. Stephen Doreck Equipment Rentals, Inc. c 3. Cedro Construction Inc 4. Kana Pipeline Inc 5. J. De Sigio Construction, Inc $ W $ Cq� 6. Sandoval Pipeline Eng. � ( 7. Kennedy Pipeline Company $ I4sw uJ $ UJ 8. Vido Artukovich & Son, Inc 3. 5- , J Sign 0 Date 'f t 0 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. Bid Opening Report Page 2 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement E13 and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder �Biid�Amount !—. Biid�pBoond/Addenda? 9. SC Valley Engineering Inc $ "I �Q V y� / 10. TTS Engineering $ 11. Dominguez General Engineering Inc(')2 $ / /�1 12. Basile Construction, Inc 13. VCI Telcom, Inc $_ "� PC s S / 14. CCL Contracting, Inc ICQ q / } 15. John T. Malloy, Inc $ 16. Atlas-Allied, Inc Sign Date 'f Idd 6o 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. Bid Opening Report Page 2 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement E13 and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder Bid Amount Bid Bond/Addenda? 9. SC Valley Engineering Inc $ � 0 e / f 10. TTS Engineering $ 3 S3 / 11. Dominguez General Engineering Inc 12. Basile Construction, Inc uJ p` 13. VCI Telcom, Inc $ 1 , 14. CCL Contracting, Inc $ 15. John T. Malloy, Inc L� 16. Atlas-Allied, Inc i Sign "Uj� Date 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. Bid Opening Report Page 3 ora Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement El and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder Bid Amou/ntt Bid�Boond/Addenda? 17. GCI Construction, Inc $ rc7l 0__5 1 / 18. Paulus Engineering, Inc $ � 19. $ I 1 2 $ 20. / F1__T 21. $ / 1 z 22. / F,__F2_1 23. / 1 2 24. / F1_721 Sign -A DAD L 0 Sin Date 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. Bid Opening Report Page 1 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement E13 and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder Bid Amount Bid Bond/Addenda?Q 1. Savala Construction Co. $ 1 U - . 2. Stephen Doreck Equipment Rentals Inc. 3. Cedro Construction Inc $ al �� / � 4. Kana Pipeline Inc 5. J. De Sigio Construction Inc 0N / 6. Sandoval Pipeline Eng. 7. Kennedy Pipeline Company $ �W $ vD 8. Vido Artukovich &Son, Inc Sign I Date 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. Bid Opening Report Page 2 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement E13 and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder Bid Amount Bid Bond/Addenda? 9. SC Valley Engineering Inc ED, � � / 10. TTS Engineering 03 F 11. Dominguez General Engineering Inc $ ) --�-�/ r� O $ 12. Basile Construction, Inc 13. VCI Telcom, Inc $ QCs 14. CCL Contracting, Inc 15. John T. Malloy IncJW LP 16. Atlas-Allied, Inc Sign Date �rl 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. Bid Opening Report Page 3 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement El and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder Bid Amount Bid Bond/Addenda? 17. GCI Construction, Inc $ 1/�f Z Uvi / 18. Paulus Engineering Inc $ 19. $ 20. F1__J 2 21. $ / 1 2 22. 23. 24. Sign --� Date 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. Bid Opening Report Page 1 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement E13 and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder Bid Amount Bid/Bond/Addenda? 1. Savala Construction Co. $ � �&qo $ D� 'O /) 2. Stephen Doreck Equipment Rentals Inc. � Q�� ► �� ` � / �J/�gam--' 3. Cedro Construction Inc I \ / 4. Kana Pipeline Inc 5. J. De Sigio Construction Inc 6. Sandoval Pipeline Eng. 7. Kennedy Pipeline Company $ ��`-[ ► 5 �yL`J / Liter $ v� 8. Vido Artukovich & Son, Inc \ (e, JW J Sign 1J� Date 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. Bid Opening Report Page 2 of Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement E13 and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder Bid Amount Bid Bond/Addenda? 9. SC Valley Engineering Inc $ �O � / 10. TTS Engineering $ (Iq3, ✓� �� L � / 11. Dominguez General Engineering Inc $$ / 12. Basile Construction, Inc $ 07 L{W / 13. VCI Telcom, Inc $ I ceq, l PCs / $ u� 14. CCL Contracting Ince / 15. John T. Malloy, Inc $ ` LQ 400 0, LeD / �f l�lc>7 16. Atlas-Allied, Inc $ �I w Sign Date �/d t V 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. Bid Opening Report Page 3 of 3 Bids Opened June 22, 2010 at 2:00 p.m. Project Title Domestic Waterline Improvement El and E14 CIP 08803 Project Engineer Joe Mankawich, Assoc Eng. Pre Bid Estimate $800,000 Bidder Bid A�m-ouuJntt Bid Bond/Addenda? 17. GCI Construction, Inc $ �� t �Jv� / 18. Paulus Engineering, Inc $ � too q / 19. $ 20. 21. $ / Fl-_T2-] 22. / 1 _2 $ 23. / Fl-7-2 -1 24. / _ 1 2_ Date Sign ( f �to 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, I 6/1/2010 AGENDA REPORT pg TO: Joe Tait, City Manage�t FROM: West Curry, Assistant Utilities Director SUBJECT: Consideration of Approval of Plans and Specifications - Domestic Waterlines E13-E14 (CIP 08803) (Tetra Tech, Inc.) RECOMMENDATION: By motion, 1. Approve the Plans and Specifications for the Domestic Waterlines E13-E14 Project (CIP 08803), prepared by Tetra Tech, Inc. and, 2. Direct the City Clerk to advertise the Project for competitive bids. SITUATION: Summary and Recommendation: The City's 2004 Domestic Water Master Plan recommended two pipeline projects that would complete the looping of the water systems that serve the Goldenspring, Stratford by the Pacific, and Casitas Del Rio neighborhoods. Designated Pipelines E13 and E14, these lines will provide these systems with the ability to serve water during shutdowns for maintenance or repairs. Currently, valve replacements or water main repairs require shutdowns that leave many homes without water for extended periods. Environmental Review: The City's Environmental Administrator has reviewed the project and 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 May 25, 2010, meeting. FINANCIAL CONSIDERATIONS: The FY 2009/2010 budget for Domestic Waterlines E13-E14 Project (CIP 08803) includes $703,100 for this project. The remaining fund balance as of April 30, 2010, is $652,037. This is within the engineer's estimate for the project. Staff will return with final funding recommendations at the time of bid award. Agenda Report June 1, 2010 Page 2 NOTIFICATION: Tetra Tech, Inc. RECOMMENDATION: By motion, 1. Approve the Plans and Specifications for the Domestic Waterlines E13 E14 Project (CIP 08803), prepared by Tetra Tech, Inc. and, 2. Direct the City Clerk to advertise the Project for competitive bid. Respectfully Submitted, Prepared By, West Curry a e Mankawich Assistant Director of Utilities Associate Engineer Attachment: 1. Location Map 2. Plans and Specifications 3. Notice of Exemption .,' � �� •% Jnr,_, �1 � � . � � MI ��- A� .� � T - -- - / ,, ;� , i� i ) � E ` � = � � 1 KC 1 � �. e �. I �r y M !y�. � , �_,, :�y�� it � '1 �� I � _ 1 � 4� ��' �. � ''�o, �� . . � 1 � � --� =.\ ,. �. . .� � . �� . _ , . --� -- ��;.. � � A �. ,��•• . 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 Attachment 2 (above for use by County Clerk-Recorder's Office only) NOTICE OF EXEMPTION City of San Juan Capistrano, California 1, APPLICANT: City of San Juan Capistrano; Utilities Department 2. ADDRESS: 32400 Paseo Adeianto, San Juan Capistrano, CA, 92675 3. PHONE NUMBER: (949) 487-4313 4. LEAD AGENCY: City of San Juan Capistrano 5. PROJECT MGR.: Joe Mankawich,Associate Engineer, Utilities Department 6. PROJECT TITLE: Capital Improvement Program (CIP) 08803, Domestic Water Lines Projects E13 and E14 7. DESCRIPTION: In May 2004, the City Council adopted the updated Domestic Water Master Plan and Rehabilitation Program which included recommended capital improvement projects to maintain and/or improve the City's potable water storage and distribution system. Two of the capital improvement projects identified by the Master Plan were the construction of 12-inch potable water pipelines, designated E13 and E14 in the Master Plan, were to be generally located along the west side of the San Juan Creek levee between Stonehill Drive and the southerly terminus of Alipaz Street. The proposed project includes the installation of these two segments of 12-inch potable waterline within the existing Alipaz Street right-of-way within previously disturbed areas including a portion of the existing "Dana Point Dog Park." Construction phasing will be coordinated with the City of Dana Point so as to minimize construction impacts to the "dog park." These proposed water lines will provide the ability to maintain water service to the Stratford-on-the-Pack and the Casitas del Rio neighborhoods during temporary water system shutdowns needed for maintenance and/or repairs. Currently, valve replacements andlor water main repairs require water system shutdowns that can leave many homes in the area without water for extended periods. The proposed projects will significantly reduce the number of homes affected by needed temporary shutdowns. ADMINISTRATIVE DETERMINATION: City staff have completed a preliminary review of this project in accordance with the City of San Juan Capistrano's Environmental Review Guidelines and with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines. Based on that review, the Environmental Administrator finds that the proposed project constitutes "the minor alteration of existing public facilities involving no expansion of use beyond that existing at the time of the lead agency's determination including public utility services. Therefore, the Environmental Administrator has determined that further environmental evaluation is not required because: [] "The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA" (Section 15061(b)(3)); or, Attachment 3 Notice of Exemption(NOE) City of San Juan Capistrano CIP 08803 Domestic Waterlines Projects E13 and E14 page 2 [J The project is statutorily exempt, Section <name> (Sections 15260-15277); or, [x] The project is categorically exempt, Class 1, (Sections 15301), repair and minor alteration of existing public facilities involving no expansion of use beyond that existing at the time of the lead agency's determination including existing, publicly-owned utilities used to provide potable water services; or, (J The project does not constitute a "project'as defined by CEQA (Section 15378). Wi jam A. Ramsey, AICP, Environ me dministrator cc: [J project file [] C A fl [] County Clerk 32400 PASW AOFLANTO .+ Y9 OF THE tYfY COUNCIL $AN JUAN CAP#WM&NO,CA 926716 �, aAMALL@VATO i949Y 493-1171 40 ua LAURAFRME (g4l�4g3.168'B FAX OWMI 1961 THOM18 W.NPOM wwwsanfuancaptstrano"g j VARK WMN • r ors.I.ONOREB 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, May 18, 2010, in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Plans and Specifications - Domestic Waterlines E13-E14 (CIP 08803) (Tetra Tech, Inc.)" — Item No. D9. 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 12:00 p.m. on Tuesday, June 1, 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.sanivancapistrano.oro. 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: citvclerka-sani uancapistrano.org. Maria Morris, CMC City Clerk cc: Tetra Tech, Inc. San Juan Capistrano: Preserving the Past to Enhance the Future CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA 1JAN J � tv6t 1776 •c'gLIFpR��e' SPECIFICATIONS AND CONTRACT DOCUMENTS Domestic Waterline Improvements E-13 and E-14 (CIP 08803) 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 May 19, 2010 Domestic Waterline Improvements E-13 and E-14 Attachment 2 6/1/2010 P W9290\130.09290-09001�oce poes1 pe o9 01 Cover.Goex D9 Domestic Waterline Improvements E-13 and E-14 (CIP 08803) 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 Domestic Waterline Improvements E-13 and E-14 SIGNATURE PAGE P W9290\130-09290-090011D=Zpecs\pec90\02 Signature Pagedocx CITY OF SAN JUAN CAPISTRANO DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 1 — GENERAL REQUIREMENTS 01000 - GENERAL REQUIREMENTS DIVISION 2— SITE CONSTRUCTION 02223—TRENCHING, BACKFILLING AND COMPACTING 02315—JACKED CASING 02578— PAVEMENT REMOVAL AND REPLACEMENT DIVISION 3— CONCRETE — NOT USED DIVISION 4— MASONRY— NOT USED DIVISION 5— METALS— NOT USED DIVISION 6—WOOD AND PLASTICS— NOT USED DIVISION 7—THERMAL AND MOISTURE PROTECTION— NOT USED Domestic Waterline Improvements E-13 and E-14 TABLE OF CONTENTS P:\09290\134-09290-0gooloms\Spec Spep \03 MCA= TOC- 1 DIVISION 8- DOORS AND WINDOWS- NOT USED DIVISION 9- FINISHES - NOT USED DIVISION 10-SPECIALTIES - NOT USED DIVISION 11 - EQUIPMENT- NOT USED DIVISION 12- FURNISHINGS- NOT USED DIVISION 13-SPECIAL CONSTRUCTION-NOT USED DIVISION 14-CONVEYING SYSTEMS - NOT USED DIVISION 15- MECHANICAL 15064- PVC PRESSURE PIPE AND DI FITTINGS DIVISION 16 - ELECTRICAL- NOT USED Domestic Waterline Improvements E-13 and E-14 TABLE OF CONTENTS P:W9290\134-09290-09001\Doc pecs\Spec90\03 TOC.dmx TOC-2 CITY OF SAN JUAN CAPISTRANO DOMESTIC WATERLINE IMPROVEMENTS E-13 and E-14 (CIP NO. 08803) 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 Domestic Waterline Improvements E-13 and E-14 PART I P,\09290\134-09290-09001\Docs\Specs\Spec90W4 Pan I Gorden%rev.dmx CITY OF SAN JUAN CAPISTRANO NOTICE INVITING BIDS FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP NO. 08803) 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 Xxxx XX, 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 domestic waterlines at the specified locations, in accordance with Contract Documents. The Work also includes bore and jack operations, concrete encasements and other pipeline appurtenances 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 and the City of Dana Point within public rights-of-way and easements, as illustrated on the Plans and described in the Specifications. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 120 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. 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 Domestic Waterline Improvements E-13 and E-14 NOTICE INVITING BIDS P:MNMIs 929049001�swpecs�oecs005Hie.doc. NIB-1 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 Xxxx XX, 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: The Contractor's attention is directed to the provisions of Section 2-7, "Subsurface Data" of the Standard Specifications for Public Works Construction. Section 2-7 of the Standard Specifications for Public Works Construction is hereby amended in that a Geotechnical Report has been prepared specifically for the subject project entitled "Report of Geotechnical Investigation, Domestic Waterline Improvements, E-13 and E-14, CIP Project no. 08803, for the City of San Juan Capistrano, California" dated March 19, 2010 by GMU Geotechnical, Inc. A copy of the geotechnical report is available for review by bidders at the office of the City Engineer. 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 $50 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$20 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 Domestic Waterline Improvements E-13 and E-14" followed by the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF SAN JUAN CAPISTRANO Date CITY OF SAN JUAN CAPISTRANO By Maria Morris Clerk of the Board Domestic Waterline Improvements E-13 and E-14 NOTICE INVITING BIDS P:\09290\134-09290-09001\Docs\Specs\Spec90\05 NIB.Eocx NIB-2 CITY OF SAN JUAN CAPISTRANO INSTRUCTIONS TO BIDDERS FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 Domestic Waterline Improvements E-13 and E-14 INSTRUCTIONS TO BIDDERS P:W9290\134-09290-09001\Docs\Specs\Spey \06lmtuct.ns.Eocx I- 1 Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Specifications and Supplementary Geeral Conditions. (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance 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 Domestic Waterline Improvements E-13 and E-14 INSTRUCTIONS TO BIDDERS P109290\134-09290-09001\Docs\specs\Spec90\06 lnsncbons.tlocx 1 -2 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 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 Domestic Waterline Improvements E-13 and E-14 INSTRUCTIONS TO BIDDERS P909290\134-09290-0900110MSs pec 4pec90\O61nsWc6onsdocx 1 -3 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. 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 SECTION Domestic Waterline Improvements E-13 and E-14 INSTRUCTIONS TO BIDDERS P W9290\130.09290-0 Ml0 ow pecs\pec90\061nstuctons.docx 1 -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. Domestic Waterline Improvements E-13 and E-14 COVER SHEET P:\09290\134-09290-09001\Docs\Specs\Spec 0\0790 Coverd= 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 CITY OF SAN JUAN CAPISTRANO PROPOSAL FOR DOMESTIC WATERLINE IMPROVEMENTS E13 AND E-14 (CIP No. 08803) 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: DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 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, et seq., the undersigned confirms the following as its certification: Domestic Waterline Improvements E-13 and E-14 PROPOSAL PAGE 1 P509290\134-0929049001\ s\Spe s\Spe 0\08 NdAOCX 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 I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: Bidder: By: (Signature) Title: Domestic Waterline Improvements E-13 and E-14 PROPOSAL PAGE 2 Ptl09290\134-09290-09001\Docs%Spew pep9 08&C.dmx BID FORMS This is EXHIBIT B,consisting of one page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR. CITY OF SAN JUAN CAPISTRANO BID SCHEDULE FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) Estimated Extended ID Description Quantity Unit Unit Price Price 1 Mobilization and Preparatory Work 1 LS Cannot exceed 5%of bid items 2-11 2 Remove and Replace 8" Butterfly Valves 19 EA 3 12" PVC Waterline 2600 LF 4 12" Butterfly Valve 6 EA 5 2"Combination Air-Vac 6 EA 6 Bore and Jack Sta 203+25 to 204+25 1 LS 7 Connection to Existing 4 EA 8 Hydrostatic Testing 1 LS 9 Disinfection 1 LS 10 Foundation Stabilization 500 CY 11 Traffic Control, Public Convenience and 1 LS Safety TOTAL ITEMS 1 THROUGH 11: Name of Bidder or Firm Domestic Waterline Improvements E-13 and E-14 BID SCHEDULE P:w990\lUa 9290u9001NDxs�specs�peps 09 ad scnedme.do PAGE 1 CITY OF SAN JUAN CAPISTRANO INFORMATION REQUIRED OF BIDDERS LIST OF SUBCONTRACTORS FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 1 2 3 4 5 Domestic Waterline Improvements E-13 and E-14 LIST OF SUBCONTRACTORS P'\0929o\l4-09290-09001\Doos\Specs\pec \10 List d Subs.docz BID FORMS CITY OF SAN JUAN CAPISTRANO NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 Domestic Waterline Improvements E-13 and E-14 NON-COLLUSION AFFIDAVIT P90929W\ 4929049001 s\pe ZpecwllNon Colluson.Eocx BID FORMS CITY OF SAN JUAN CAPISTRANO BID BOND FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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: DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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) Domestic Waterline Improvements E-13 and E-14 BID BOND(BID SECURITY FORM) P:W9290\134-09290-09001\D..SPOCS\SPBc90\12&da d.Eocx BID FORMS CITY OF SAN JUAN CAPISTRANO BIDDER'S GENERAL INFORMATION FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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: Domestic Waterline Improvements E-13 and E-14 BIDDERS GENERAL INFORMATION P:\09290\134-09290-09001\Docs\Spec\Spec90\13 Ddder General lft.docx 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( ) 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: 11. Is full-time supervisor an employee OR contract services I? 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. Domestic Waterline Improvements E-13 and E-14 BIDDERS GENERAL INFORMATION P:\09290\134-09290-09001\ s\.Spece\Spec9O\13&tlaer General Infod.. BID FORMS CITY OF SAN JUAN CAPISTRANO WORKERS COMPENSATION CERTIFICATE FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (SPEC No. 08803) (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 Domestic Waterline Improvements E-13 and E-14 WORKERS COMPENSATION CERTIFICATE P:\09290\134-09290-09001\Das pees\ Peo90\15 Workers CoM.dwx AGREEMENT AND BONDS CITY OF SAN JUAN CAPISTRANO PERFORMANCE BOND FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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: DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No.08803) 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 Domestic Waterline Improvements E-13 and E-14 PERFORMANCE BOND P109290hl64 9290-09001� pecs\pec90\16 Pedormence B nd.docx AGREEMENT AND BONDS CITY OF SAN JUAN CAPISTRANO PAYMENT BOND FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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: DOMESTIC WATERLINE IMPROVEMENTS E13 AND E-14 (CIP No. 08803) 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 Domestic Waterline Improvements E-13 and E-14 PAYMENT BOND P:\09290\l34 9290-09001\Dor pe \Spec90\17 Payment Bond dtl x AGREEMENT AND BONDS 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) Domestic Waterline Improvements E-13 and E-14 PAYMENT BOND P:we2e0\1544929049001�Dow Specs\Spe O9 17 Paymnt m„d.docx AGREEMENT AND BONDS CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNER/AGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME.AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION POLICY LIMITS OF LIABILITY IN THOUSANDS x1000) TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL LIABILITY xo1)Rr wnmv Including' 5 E ❑ nwvlsxsry nrvu rullnlrcl EFAIDRIY1)Aavm1 S E ❑ urvrnaraotmnnvnnul. . ❑ PRIIIIINI1'11MPI}'I11'11R'RATIOPOS ElIMIInt Y 1NI11RY AND PBOPERIY ❑ RBrIM FORM MOM RIP pAM A(il ❑ .11TI1INNI IFIBIR.RIRG VFRYnNAI 1WIRY S ❑ MRSOAMLIN1nRY COMPREHENSIVE AUTOMOBILE vwoaY LIABILITY tuura..Iry S Including: ❑ Oxman mal nrrvxwl S ❑ Brall1) PROPERTYD/MMA S ❑ NON,(Aysa ll )Iln Y M1lIRY AN1)PROMAIY UAMMECOMtlWWI g EXCESS LIABILITY ..Y..y Including: nnMwiR'wmwOl ❑ I )YLKsDnlaRnv S WORKER'SCOMPENSATION It nrnunY and EMPLOYER'S LIABILITY Including: 1I $ IIMIIK1'RNN11 ❑ 11.13NIORIFORNN.ANU Ni1XgAS OTHER ADDITIONAL INSURED ENDORSEMENT—CITY OF SAN JUAN CAPISTRANO The undersigned eenifies that he Pride is the r presearative of the aEoveramed insurance companies,than he or she hes the authonty to execute and issue this certificate to Certificate Holdm,and ceordmgly,does hereby certify on behalfofsaid insurance companies that policies ofinsuranse listed shove lave been issued to the insured tamed above and are in more st this time. Notwithstanding any requirement,term,or condition of any contract or other document with respect to which this certlficitte may he issued or may pertain,the insurance afforded by the policies deserted herein is subjeclm athetmns.exdusions.aM conditions ofsuch policies. Copesofthepolicies shown will be fumishMmthe Catificam Holder uponraWeu. This CanOcate does nor amend,satirist,or aher the coverage afiorded by be Policies listed. Cancellation: Should any of the above dess ribM policies be cancelled before the mpimtlon date rhmcof.the issuing cowry will mad 30 days written notice to the below-named cenificate hold¢ NAME AND ADDRFSS OF ADDITIONAL INSURED DATE ISSUED BY Domestic Waterline Improvements E-13 and E-14 CERTIFICATE OF INSURANCE P:\09290\136-09290-09001\Docs\Spec\Spec90\18 Can of 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 Domestic Waterline Improvements E-13 and E-14 INSURANCE ENDORSEMENT—AUTO P:\09290\134-09290-0 001\ sVSpep Spec \19 Endmem nt Eocx 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 II)is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Domestic Waterline Improvements E-13 and E-14 INSURANCE ENDORSEMENT—LIABILITY P909290U34-092900001�sVpec Spec90Q0 Endorsement Comm Gen Uab.do" AGREEMENT AND BONDS CITY OF SAN JUAN CAPISTRANO PART II - CONDITIONS OF THE CONTRACT FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) General Conditions of the Contract Supplementary General Conditions Domestic Waterline Improvements E-13 and E-14 CONDITIONS OF THE CONTRACT P5092901100-09290-09001� pecs\pec90�1 Pah II-Gondidonsdo GENERAL CONDITIONS CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS OF THE CONTRACT FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY......................................................................................5 1.01 Defined Terms.................................................................................................................... 5 1.02 Terminology....................................................................................................................... 8 ARTICLE 2 - PRELIMINARY MATTERS..................................................................................................... 9 2.01 Delivery of Bonds............................................................................................................... 9 2.02 Copies of Documents......................................................................................................... 9 2.03 Commencement of Contract Times;Notice to Proceed.................................................... 9 2.04 Starting the Work............................................................................................................... 9 2.05 Before Starting Construction.............................................................................................. 9 2.06 Preconstruction Conference............................................................................................ 10 2.07 Initial Acceptance of Schedules....................................................................................... 10 ARTICLE 3-CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE.............................................. 10 3.01 Intent................................................................................................................................ 10 3.02 Reference Standards ...................................................................................................... 11 3.03 Reporting and Resolving Discrepancies.......................................................................... 11 3.04 Amending and Supplementing Contract Documents....................................................... 11 3.05 Reuse of Documents.........................................................................................................12 ARTICLE 4- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS..................................................................................................... 12 4.01 Availability of Lands......................................................................................................... 12 4.02 Subsurface and Physical Conditions............................................................................... 12 4.03 Differing Subsurface or Physical Conditions.................................................................... 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 Liability Insurance........................................................................................... 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:�09290�134n9290-09001�0 s�SpecsZpec9 1a Conditions of Contractaocc GENERAL CONDITIONS— PAGE 1 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P 09290\134-09290A90010-c Pecs\SPec90\218 Conditions of Cantract.doa GENERAL CONDITIONS- PAGE 2 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\139-09290-09001\D=c Specs\Spec90\21 a Conditions&DontractEoce GENERAL CONDITIONS- PAGE 3 ARTICLE 17-CALIFORNIA LEGAL REQUIREMENTS.......................................................................... 50 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\13409290-09001\Doca\3pecsZpec90\21 a Con0tons of Cwn ad,dGENERAL 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P.\09290\134-09290-09001\Docs\Specs\SpecWT1 a Condi4ons of ConVactdocx 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 fumished 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 fumish 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT Pk09290\134-09290-090011Doc pecs\Soac90t21 a Conditions of Contnaddocx 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 ofAward--Thewritten 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 at 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT PW9.>90\13409290-09001\Das pecs\ pec90\21 a Con4i0ons of ConVad.Oocx 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--Work 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT Pww9290nsaos2eMsooi\Doc pecs\Spec9OT1a Conditions or comraccdoc. . 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:W92901l34 9290-09001\DocsGpecs\pec90121a Conditions ofContracLda GENERAL CONDITIONS—PAGE 9 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 2.05.6, 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- ted in accordance with paragraph 2.05.6. CONTRACTOR shall have an additional ten days to make Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P09290\13409290-090010ocs\Specs\Spec90\21 a Condihons of Contac.doca GENERAL CONDITIONS—PAGE 10 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 ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\Oats\specs\spec9o\21 a ContlNons of Conhactmx GENERAL CONDITIONS—PAGE 11 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; REFERENCE POINTS Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P 109290\134-09290-09001 Doc Specs\Spec90121a Condi4ons of Contraftdca GENERAL CONDITIONS—PAGE 12 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 OWNER'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 suoh 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 3. differs materially from that shown or indicated in the Contract Documents; or Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT Pi09290\13-09290-09001�Ddw pecsZpec Oo la Conditionsof Dont.Md. GENERAL CONDITIONS—PAGE 13 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 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 such information or data; and Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\DmsZpeC Spec9O\ 1 a Conditns a Contractdocx GENERAL CONDITIONS—PAGE 14 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: Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\p s\Specs\Spec90\21 a Condihons of Contraa.docx 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 confine 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' 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 claims, costs, losses, and damages(including but not limited to all fees and charges of ENGINEERS, Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\Docs\Specs\Spec90\ 1 a Conditions of Contracttlou GENERAL CONDITIONS—PAGE 16 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P\09290\134-09290-09001\Docs\Specs\Spec90\21 a Conditions NContactdocx 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, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water dam- Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:W9290\134-09290-09001\Docs\pe \Spec9 1 a Condibons M Contract docx GENERAL CONDITIONS—PAGE 18 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, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplemen- Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-0 0011Docs\SpecsVSpec9D121 a Conditions of Contrad.do GENERAL CONDITIONS—PAGE 19 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 OWNER'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.B 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.B. 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P909290\134-09290-09001\DO sZpecs\SpecO1 a Conditions of Contractdocx 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 required tests)as to the source, kind, and quality of materials and equipment. All materials and Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134.09290-09001\Da ZpecsZpecWT1a Condibons of Cwtractdocx GENERAL CONDITIONS—PAGE 21 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 the circumstances. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\Docs\Specs\Spec90\ 1 a Conditions of Contractdocx GENERAL CONDITIONS—PAGE 22 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.B. 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 6.05.6 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 6.06.6), 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 date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P'.\09290\134-09290-09001\ s\9pecs\9pec90\21 a Conditions of Cootsa.docx GENERAL CONDITIONS—PAGE 23 accordance with the Supplementary Conditions, OW NER'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 and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P.\09290vl U-9290-09001wa �pacsw pea O�1a conditions of convact.docx GENERAL CONDITIONS—PAGE 24 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, employees, agents, and other consultants of each and any of them from and against all claims, costs, Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P1 9290\134-09290-09001Z=c SpecsVSpec90�21aCondibonsofConeacl.Eocx GENERAL CONDITIONS—PAGE 25 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 individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\DocsZpecsZpec90R1 a Conditions of Ccotract.dc GENERAL CONDITIONS—PAGE 26 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 14.07.13 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; Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\Dops\3pecs\ pec9o\21 a Conditions of ConVaddocx 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. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\ s\Specs\Spec90� 1 a Conditions of Contiad.dp GENERAL CONDITIONS—PAGE 28 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. 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:109290�134�929M90011DocslSpeoe\Spec9D�1a Conditions of Coneact.docx GENERAL CONDITIONS—PAGE 29 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 ENG INEERing 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. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. i Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\Doc Specs\Spec90Q1 a Conditions of ConVad.d. GENERAL CONDITIONS—PAGE 30 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:t09290\134-09290-09001�DocsGSpecslSpec90121 a Conditions of Cootractdocx GENERAL CONDITIONS- PAGE 31 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001Doc pecs\9pec90\21 a Conditions of Contrad.docx GENERAL CONDITIONS—PAGE 32 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. 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.B. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P\09290\134-09290-09001\Docs\Spew\ pecWTi a Condibons&Co tmctdocx GENERAL CONDITIONS—PAGE 33 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 12.01.13. 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 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P: 9290�134-09290-09001\Doc pecsGSpec90QIaConditions ofcontractdoca GENERAL CONDITIONS—PAGE 34 C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.6, 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. 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT Pwws2s0\foaos2eaoe00f�oocs\sspece\specgoQi a condluons of convad.docx GENERAL CONDITIONS—PAGE 35 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 OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:09290�134a9290-o9oonnocsvSpeoe\speo OU1 a condibons or comractdocx GENERAL CONDITIONS— PAGE 36 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 losses 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: 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\DOce\Specs\Spep9=1 a Condifions of Conhad,dou GENERAL CONDITIONS—PAGE 37 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 11.01.13. 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.B, 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- 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P109290v34-09290-09001\DocslSpecslSOec90� 1 a Conditions&Cmtract.docx GENERAL CONDITIONS—PAGE 38 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 cost 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 11.046(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 11.048(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 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\Docs\Specs\Spec90\21 a Condibons of Contad.Eocx GENERAL CONDITIONS—PAGE 39 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. 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P.109290U34-092900090010D s\Spe \Spec9p@1 a Conditons of Contaad= GENERAL CONDITIONS—PAGE 40 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 11.04B, 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. rofit: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 11.04B, 11.04C, and 11.04D, herein including extended overhead and home office 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\Docs\Specs\SpecO0 1 a Conditions of Contractdocx GENERAL CONDITIONS—PAGE 41 Materials 15 percent Equipment 15 percent Subcontracts(151 tier) 5 percent B. It is understood that labor, materials, and equipment maybe 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 12.01.8.2, 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT PoOB290\134-09290-09001\Docs\Specs\Spec90\21a Condibonsof ConVaadocx GENERAL CONDITIONS—PAGE 42 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.B shall be paid as provided in said paragraph 13.04.B; 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 beat 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 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, Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P909290\134-09290-09001\Docs\Specs\Spec90\21 a CDndibons of ConVaa.docx GENERAL CONDITIONS—PAGE 43 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P 109290\134-09290-09001IDoc pecs\pec90121a Conditions of Contract.docx GENERAL CONDITIONS—PAGE 44 the provisions of any applicable statute of limitation or repose. 13.05 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 Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times(or Milestones)because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT RW9290\1 a 9290-09001 swpecsGpec9oQ1 a Conaibons of Cootraclaou GENERAL CONDITIONS—PAGE 45 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 10 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: 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:kD929DNlU49290-09o01\Dms�Spec Spe DV1 a condiuons of conaaa.do GENERAL CONDITIONS—PAGE 46 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 Written 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: 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.a through 14.02.B.5.c or paragraph 15.02.A. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\Docs\Specs\Spec90\21 a Conditions of Contract.dom GENERAL CONDITIONS—PAGE 47 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 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 anytime may request CONTRACTOR in writing to permit OWNER to use any Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P'.\09290034-09290-09001 s\Specs\Sped9 21 a Conditions of Contract.docx GENERAL CONDITIONS— PAGE 48 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 5.03.13.7; (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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134.09290-09001\Doc pees\ pec T1 a Conditions of Contactdocx GENERAL CONDITIONS— PAGE 49 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: 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:w9290v34-09290- 0oi\D��pecs\specsoQiaConditions ofconnaaaocx GENERAL CONDITIONS—PAGE 50 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 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: Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P.09290\134-09290-09001\Docs\$pace\Spec90Q1 a Conaibons of Contracteoa GENERAL CONDITIONS—PAGE 51 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 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P W9290\130.09290-09001 s\Pecs\pec 0\21a Conditions ofConVad,docx GENERAL CONDITIONS—PAGE 52 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P 9290N34-09290-09D01\Docs\Specs pec90\21aConditions&ConVactaocx GENERAL CONDITIONS—PAGE 53 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 17.11 A, 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 17.11 B(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 17.11 A, 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 17.11A, 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\Dxs\Spec\Spec90\21 a Conditions of Cwtract.docx GENERAL CONDITIONS— PAGE 54 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 or 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, 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P�0929ovsa-09290-9001uo syspecs\spec9O�1 a co�itons of cono-aa.d= GENERAL CONDITIONS—PAGE 55 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT 8/09290113 9290- 9001lDmslSpeu'SpecWo 1.C.nd,Wi sof Cmtract.d« GENERAL CONDITIONS—PAGE 56 CITY OF SAN JUAN CAPISTRANO CONDITIONS OF THE CONTRACT FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 "DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14(CIP No, 08803)," 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: 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 Domestic Waterline Improvements E-13 and E-14 SUPPLEMENTAL GENERAL CONDITIONS P309290\l Ua 9290A001\Docs\Specs\Spec90\23 Supp Gen Cono.aocx PAGE1 be performed by subcontract and the amount of any such "Specialty Items"so performed may be deducted from the original total Contract Price before computing the amount of work required to be performed by the Contractor with its own forces.When items of work in the Bid Schedule are preceded by the letter"S," such items are designated as "specialty Items." Where an entire item is subcontracted,the value of the work subcontracted will be based upon the contract item bid price. When a portion of an item is subcontracted, the value of the work subcontracted will be the estimated percentage of the contract item bid price , determined from the information submitted by the Contractor, subject to approval of the Engineer. The 20 percent requirement shall be understood to refer to the Work,the value of which totals not less than the full Contract Price contract price. 6.08 Permits: Add the following paragraphs B, C and D to Article 6.08 of the General Conditions: B Business License and Permits: All permits issued by the Owner shall be obtained by the Contractor, but will be paid by the Owner; provided, that prior to beginning the Work hereunder, the Contractor shall obtain and pay for a City of San Juan Capistrano business license. Except as otherwise provided herein, all permits issued by other agencies and authorities having jurisdiction shall be obtained and paid for by the Contractor. C Building Permits:The Contractor shall obtain all licenses and shall assist in obtaining permits required to perform the Work of this project. The general Building Permit and Plan Check Fee will be paid for by the Owner. Other permit fees, including encroachment fees and electrical, mechanical, and plumbing permit fees will be paid directly by the Owner. No separate payment therefor will be allowed under the Contract for any of the permits or fees under this Article. D Utility Fees: Utility connection fees, lateral fees, utility structure changes and tariffs, inspection fees, and similar utility-related fees will be paid for directly by the City. Annexation fees, flood control fees, pollution district fees, and similar fees will also be paid by the Owner. No separate payment therefor will be allowed under the Contract for any of the fees under this Article. ARTICLE 11 - PAYMENTS TO CONTRACTOR AND COMPLETION; CHANGE OF CONTRACT PRICE 11.04 Cost of Work (Based on Time, Materials, and Equipment and Contractor's Overhead and Profit). 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. Domestic Waterline Improvements E-13 and E-14 SUPPLEMENTAL GENERAL CONDITIONS P:\09290\130.09290-09001\Dx pecs\Spec90\Y3 Supp Gen GonE Eocx PAGE 2 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: 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 Domestic Waterline Improvements E-13 and E-14 SUPPLEMENTAL GENERAL CONDITIONS P09290\13a09290-09001\Docs\Specs\Spec90\23 Supp Gen Gmd.dma PAGE 3 CITY OF SAN JUAN CAPISTRANO DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) PART III - TECHNICAL SPECIFICATIONS Domestic Waterline Improvements E-13 and E-14 TECHNICAL SPECIFICATIONS P109290\l3 9290-0001�\SpecsVspec9ou5 Part III-Te Spe ,dmx SECTION 01000—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 S. 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 Contractor Domestic Waterline Improvements E-13 and E-14 01000- 1 P909290\136-09290-09001\Docs\Spece\Spec9 5_01000GENER REQUIREMENTSAOcx GENERAL REQUIREMENTS 18. Permits and Easements Obtained by 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 Contractor. D. Engineer: Owner's Chief Engineer or other person of legal entity designated by Owner, either directly or through authorized agents. E. Owner or City: The City of San Juan Capistrano Domestic Waterline Improvements E-13 and E-14 01000 -2 RW290\130-09290-09001\D.c Gp.c.Zp.c OQ5 01000 GENERAL REQUIREMENTSA.. GENERAL REQUIREMENTS F. Owner's Representative: The Engineer,Consultant, Inspector,Construction Manager or other professional that the City has delegated certain responsibilities. G. Plans or Drawings: That part of the Contract Documents prepared by Engineer,which graphically and/or schematically shows the scope,extent,and character or the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. H. Record Drawings: The set of Drawings which shows the facilities in their"as-constructed" state,including all revisions to the original Contract Documents. I. 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. J. State: The State of California. K. 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. L. 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 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 Owner will define said boundaries in the field. 1.4 PROJECT INFORMATION A. Project Identification: Domestic Waterline Improvements E-13 and E-14 (CIP No. 08803) B. Project Location: City of San Juan Capistrano and City of Dana Point,County of Orange, State of California C. Owner Contact: City of San Juan Capistrano,Joe Mankawich,Project Manager D. Engineer Contact: Neil Bamsdale,Tetra Tech, 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; Domestic Waterline Improvements E-13 and E-14 01000-3 P:\09290\134-09290-09001\D s6Pe %SPOa9 5_01000GENER REQUIREMEWSAtl x GENERAL REQUIREMENTS 2, Agreement and Bonds; 3, Proposal and Bid Schedule; 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),2006 Edition, shall supplement,to the extent referenced,the requirements specified herein,and are referenced herein as"Greenbook"or"SSPWC." 1.6 CONTRACT"DRAWINGS" A. The location of the work,its general nature and extent,and general dimensions of the project and appurtenant works are shown on the Drawings and are hereby made a part of these Specifications as listed herein,all bearing the common title: "DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14(CIP 08803)." B. LIST OF DRAWINGS 1. COVER SHEET 2, G-001 SHEET INDEX,GENERAL NOTES,ABBREVIATIONS AND LEGEND 3, C-101 PLAN AND PROFILE STA 105+16.59 to STA 108+90.01 4. C-102 PLAN AND PROFILE STA 108+90.01 to STA 117+37.62 5. C-103 PLAN AND PROFILE STA 200+00.00 to STA 207+28.24 6. C-104 PLAN AND PROFILE STA 207+28.24 to STA 213+66.64 Domestic Waterline Improvements E-13 and E-14 01000-4 P:\09290\134-09290-0900 1Doc pacsGpec90\25_01000 GENERAL REOUIREMEWSAE x GENERAL REQUIREMENTS 7. C-105 CONNECTION DETAILS 8. C-106 MISCELLANEOUS DETAILS 1.7 CRITICAL NATURE OF THE FACILITIES - It is hereby brought to Contractor's attention that the proposed waterlines will connect to existing critical water distribution pipelines that makeup the backbone of the City's water distribution system. It is therefore imperative that Contractor maintain continuous operation of the existing facilities at all times throughout the construction of the proposed improvements,other than the scheduled shutdowns that have been approved by the City. Taking the existing water distribution facilities out of service for even a short period of time could result in loss of water service and fire protection to significant portions of the City,which could lead to severe damages to a variety of parties. It shall be Contractor's responsibility to ensure that it has adequate and redundant materials,equipment and labor to complete tie-ins within the specified time-frames. 1.8 PRECONSTRUCTION MEETING -Within fifteen(15) calendar days after execution of the contract,Contractor shall schedule,coordinate and attend a preconstruction meeting with Owner,Engineer, and other interested parties to review the scope of work and schedule. Contractor shall also provide Owner with at least one local,24-hour telephone number where 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, Contractor shall prepare and submit to Owner for review,a progress schedule showing the order in which 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 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 Owner may readily evaluate 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 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: Contractor shall maintain an updated schedule at all times. When so requested by Owner,an updated schedule shall be forwarded to 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. Owner's receipt and acceptance of the updated schedule shall be a condition precedent to the issuance of any portion of progress payments. Domestic Waterline Improvements E-13 and E-14 01000 -5 P:\09290\134-09290-09001\Docs\Specs\Spec U501000 GENERAL REGUIREMENTSEocx GENERAL REQUIREMENTS D. Schedule Changes Directed by Owner: In the event that 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 Owner, the work is being inadequately or improperly prosecuted in any respect, Owner may demand that Contractor submit new schedules and improve or change the prosecution of the work in such manner as to assure proper and timely execution. 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 -Contractor's work schedule shall take into account the following sequence of work items: 1. All submittals for review and approval. 2. Ordering and delivery of materials. 3. Waterline construction,bore and jack operations and tie-ins to existing facilities. 1.11 EXISTING SITE CONDITIONS A. Site Visit: 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 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 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 Contractor to be acquainted with the existing and anticipated site conditions will not relieve Contractor from the responsibility for properly estimating the difficulty or cost for successfully performing all of the work under the Contract. 1.12 EMERGENCY CONTACT-Arrangements shall be made by Contractor to insure that a response, in person or by telephone, by a duly authorized and competent representative of Contractor, will be made within one hour of any emergency calls made by Owner to the telephone number provided by Contractor during any hour of the day or night. If Contractor is unable to respond to an emergency call,Owner may take any necessary actions to remedy the emergency conditions,at Contractor's expense,in all cases where Contractor is obligated or responsible under these conditions. Domestic Waterline Improvements E-13 and E-14 01000 -6 P'.\09290\134-0929049001\ .p Zpeca\Spec Q5_01000 GENERAL R QUREMENTS.Eocx GENERAL REQUIREMENTS 1.13 SERVICES DURING AN EMERGENCY A. Contractor shall be obligated to assist Owner in the event of an emergency condition as determined by Owner in accordance with the requirements of this section. B. Contractor shall make available to Owner all mobilized equipment and personnel active on Owner's project and shall provide supervision of such personnel under the direction of Owner in order to perform required work to properly respond to the emergency condition. C. Contractor shall be compensated for such assistance in accordance with Section 3-3 of the Greenbook. GC-12,cost plus basis of GC-12d. 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,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 in accordance with the permit requirements. B. Hours: Work is limited to the hours of 7:00 A.M.to 4:00 P.M.,Monday through Friday. Work on Saturdays or Sundays is not permitted. No work of any nature shall commence before 7:00 A.M. including but not limited to: loading,unloading, starting and moving of construction equipment. Tie-ins to existing facilities shall be at night as specified. 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 Owner 24-hours prior to any Saturday or Sunday work. D. Holidays: 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 25h) and New Years Eve(December 31�`). 1.16 LIQUIDATED DAMAGES -Failure of Contractor to complete the work within the time allowed will result in damages being sustained by 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 Contractor. 1.17 SHOP DRAWINGS, SUBMITTALS AND SAMPLES A. Contractor is required to prepare and submit Shop Drawing submittals to Engineer for review and approval. Shop Drawings are required for all materials and equipment proposed to be Domestic Waterline Improvements E-13 and E-14 01000-7 P:\09290\13409290-09001\D..Spe.Zpec90\25_01000 GENERAL RECIUIREMENTS.d.. GENERAL REQUIREMENTS incorporated into the Work. Shop Drawings shall be submitted by Contractor in accordance with these specifications. B. The data shown on 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 Contractor proposes to provide and to enable Engineer to review the information for the limited purposes described herein. C. Contractor shall also submit material samples to 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, 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. Contractor shall also provide a notation of each such variation on each Shop Drawing and sample submitted to Engineer for review and approval. E. Engineer will review the Shop Drawings and samples. 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. 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. 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. No portion of the Work requiring a Shop Drawing submittal shall be started until the submittal has been reviewed by and returned to 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. 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 Engineer. H. 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 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. Engineer will review the initial submittal of Shop Drawings and sample submission and one resubmittal without cost to Contractor. The cost of Engineer's review of multiple resubmittals will be billed to Contractor at the hourly rate of$275 per hour. Multiple resubmittal costs as provided to Owner by Engineer,will be deducted from any monies due or which become due to Contractor. Shop Drawing and Sample Submission Procedures: Before submitting each Shop Drawing or sample, Contractor shall have done the following: Domestic Waterline Improvements E-13 and E-14 01000-8 P W290\134-092904)9001\Docs\SPecsftec90\25_01000 GENERAL REQUIREMENTS.Oocx GENERAL REQUIREMENTS 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 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 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 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: 03300-008-13; This example indicates Section 03300 Concrete—eighth submittal for Section 03300— frrst resubmittal. M. Failure of Contractor to comply with all of the requirements of this section will result in the shop drawings being returned to Contractor marked"REJECTED." N. Within 14 calendar days of receipt of properly submitted said Shop Drawings, Engineer will return 2 copies of each drawing to Contractor with comments noted thereon. Shop Drawings will be returned to Contractor with one of the following conditions: 1. NO EXCEPTIONS TAKEN- If the drawing is returned to Contractor marked "NO EXCEPTIONS TAKEN" a revision of said drawing will not be required. When the submittal is returned to Contractor under this condition,Contractor may release the equipment and/or material for manufacture. Domestic Waterline Improvements E-13 and E-14 01000-9 P:W9290\154 9290- 0011Uocs\Specs\pec90125_01000GENER REGUIREMENTS.docx GENERAL REQUIREMENTS 2. MAKE CORRECTIONS NOTED- If the drawing is returned to Contractor marked "MAKE CORRECTIONS NOTED" a resubmittal of said drawing will not be required, but Contractor shall comply with the comments and notations provided by Engineer. When the submittal is returned to Contractor under this condition,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 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 Contractor under this condition,Contractor shall revise said Shop Drawing and resubmit five(5)copies of said revised drawing to Engineer. 4. REJECTED- If the drawing is returned to Contractor marked"REJECTED" then the submittal was not properly submitted or it does not meet the intent of the Contract Documents and Contractor shall revise said drawing and shall resubmit five(5)copies of said revised drawing to Engineer, as in the case of an original submittal. O. If so indicated, Contractor shall make corrections requested by Engineer,and shall resubmit the corrected copies of the Shop Drawings and samples for review and approval. In the case of resubmittals,Contractor shall direct specific written attention to revisions other than the corrections specifically called for by Engineer. 1.18 MAINTENANCE AND GUARANTY A. 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 Contractor. B. Contractor hereby agrees to make at Contractor's own expense any repair or replacement made necessary by defects in materials or workmanship supplied by 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,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. Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from Owner. If Contractor fails to make repairs and replacements within 30 calendar days, Owner may contract with others for performance of the work and Contractor and Contractor's surety shall be liable to Owner for the cost thereof. 1.19 PERMITS AND EASEMENTS OBTAINED BY 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. Domestic Waterline Improvements E-13 and E-14 01000- 10 P:109290\136-09290-09001\Docs\Specs\Spec90\25_01000 GENERAL REOUIREMENTS.Cocx GENERAL REQUIREMENTS 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 Contractor. C. 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 CONTRACTOR-All other permits and licenses for construction of the project shall be met solely and fully by Contractor. Contractor is also responsible for ensuring that permits obtained by 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. City of Dana Point 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 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. 1.23 DISPOSAL OF CONSTRUCTION WASTE AND EXCESS MATERIAL -Excess excavated soil material shall be removed and disposed of by Contractor off the project site at Contractor's expense. Excess soil material shall be routed and disposed of in accordance with all applicable regulations. 1.24 TEMPORARY POWER A. Contractor shall provide, at 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. Domestic Waterline Improvements E-13 and E-14 01000- 11 P:\09290\134-09290-09001\Docs\Specs\Spep9 5_01000 GENERAL REOUIREMENTSdmx GENERAL REQUIREMENTS B. All temporary connections for electricity shall be subject to the approval of Owner and the power company representative,and shall be removed in like manner at 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. 1.27 NOISE CRITERIA-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-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. 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. 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-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 4:00 P.M. on any normal working day,or all Saturdays, Sundays and Holidays,for work by Contractor which is allowed solely for the convenience of Contractor Domestic Waterline Improvements E-13 and E-14 01000 - 12 P.W9290g34 9290-09001\Dpc pecsl pec90125_01000GENER REGUIREMENTSAd x GENERAL REQUIREMENTS shall be borne by 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 Contractor. 1.31 SURVEY, STAKING, LINES,GRADES,AND MEASUREMENTS A. Reference lines and grades for the proposed improvements shall be provided by Contractor. Contractor shall preserve all benchmarks,monuments, survey marks, and stakes,and,in case of their removal or destruction by Contractor or Contractor's employees, Contractor shall be liable for the cost of their replacement. B. Contractor shall keep Owner informed,48 hours in advance, of the times and places at which Contractor intends to do work, in order that inspection may be made with the minimum of inconvenience to Owner or delay to Contractor. C. Whenever Owner finds it necessary to carry on operations outside of regular working hours or at other times when the work of Contractor is not in progress,Contractor shall fumish all necessary service and assistance. No direct payment shall be made for the cost to Contractor of any work or delay occasioned by making necessary measurements, or by inspections. D. Field survey and construction staking shall be done by Contractor. Owner reserves the right to conduct any of their own surveys at Owner's convenience to verify constructed lines and grades. 1.32 RECORD DRAWINGS A. Contractor shall provide and maintain a complete and accurate set of Record Drawings. Such Drawings shall be updated by 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. Materials installed,including manufacturer and model; 2. Location of existing exposed utilities; 3. Existing and new piping sizes and materials; 4. Other relevant information,as specified by Owner. Domestic Waterline Improvements E-13 and E-14 01000 - 13 P.Q9290\104-09290-09001\Docs\Spece\Spec90Q5_01000 GENER REQUIREMENTS.Eocx GENERAL REQUIREMENTS C. All conceptual or major design changes shall be approved by 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 Owner. Failure to comply may result in termination of the Contract. D. 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 Contractor encounters on the site materials that Contractor reasonably believes to be asbestos or any hazardous substance, and the asbestos or hazardous substance has not been rendered harmless,Contractor shall immediately cease work on the area affected and report the condition to 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. Contractor shall coordinate construction activities with others and notify affected agencies at least five (5)working days prior to beginning work. Contractor, under this contract shall schedule work and coordinate operations with others so as to minimize conflicts and interference between Contractor's operations and those of other workers,in strict accordance with Section 7-7 of the Standard Specifications for Public Works Construction. Contractor shall schedule all work activities to avoid any conflicts with others. No additional compensation will be provided by 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 Domestic Waterline Improvements E-13 and E-14 01000 - 14 P009290\134-09290-09001\ s\pe \Sped 0025-01000 GENERAL REQUIREMENTS.dmx GENERAL REQUIREMENTS 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. Contractor expressly waives any and all rights to make claim or be entitled to receive any compensation or damages for failure of 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. Contractor shall protect in place or remove and replace existing improvements which may be damaged by 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. 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 Owner,unless otherwise shown. 1.36 MEASUREMENT AND PAYMENT OF BID ITEMS PART 2-PRODUCTS-Not Used PART 3 -EXECUTION—Not Used * END OF SECTION 010000 Domestic Waterline Improvements E-13 and E-14 01000- 15 Pd09290U34-09290-09001\Oars\Spat Spec90\25_01WOGENER REQUIREMENTS.docx GENERAL REQUIREMENTS SECTION 02223—TRENCHING,BACKFILLING AND COMPACTING PART 1 -GENERAL 1.1 GENERAL - This section describes materials, testing, and performance of trench excavation, backfilling and compacting. 1.2 PROTECTION OF EXISTING UTILITIES AND FACILITIES A. General_The Contractor shall be responsible for the care and protection of all existing sewer pipelines, water pipelines, gas mains, storm drains, culverts, or other facilities and structures that may be encountered in or near the area of work. B. Notification: It shall be the duty of the Contractor to notify each agency of jurisdiction and make arrangements for locating each agency's facilities prior to beginning construction. C. Damaee: In the event of damage to any existing facilities during the progress of the work due to the failure of the Contractor to exercise the proper precautions, the Contractor shall be responsible for the cost of all repairs and protection to said facilities. The Contractor's work may be stopped until repair operations are complete. 1.3 PROTECTION OF LANDSCAPING A. General: The Contractor shall be responsible for the protection of all the trees, shrubs, fences, and other landscape items adjacent to or within the work area, unless directed otherwise on the plans. In the event of damage to landscape items, the Contractor shall replace the damaged items in a manner satisfactory to the City Representative. B. Restoration: After the completion of work in planted or improved areas within public or private easements, the Contractor shall restore such areas to original condition. Restoration shall include regrading,placement of 5-inches of topsoil,reseeding, and replacement of landscaping. 1.4 DEFINITION OF ZONES A. Pavement Zone: The pavement zone shall include the asphaltic concrete and aggregate base pavement section placed above the trench zone. This zone is commonly referred to as the "structural section" of the street or highway. The pavement zone section shall be as shown on the Drawings and as required in the applicable permit(s). B. Trench Zone: The trench zone extends the full-width of the trench and is bounded by a horizontal level 12-inches above the top of the pipe to the pavement zone in paved areas or to the existing surface in unpaved areas. C. Pipe Zone: The pipe zone extends the full-width of the trench and is bounded by the bottom of the pipe to a horizontal level 12-inches above the top of the pipe. Where multiple pipes or Domestic Waterline Improvements E-13 and E-14 02223-1 P:W9290\136-09290-09001\D s\ pema pec90@5_02223 Trenching Bac"lling,docx TRENCHING, BACKFILLING AND COMPACTING conduits are placed in the same trench, the pipe zone shall extend from the bottom of the lowest pipes to a horizontal level 12-inches above the top of the highest pipe. D. Pipe Base: The pipe base extends the full-width of the trench and is bounded by the bottom of the pipe and extending below the pipe 4-to 6-inches,as indicated on the Drawings. 1.5 TESTING FOR COMPACTION A. Methods: The density of soil shall be determined in place by the sand cone method, ASTM D 1556, or by the nuclear method, ASTM D 2922 or D 3017. Materials testing will be conducted by the Owner. B. Soil Moisture-Density Relationship: The laboratory moisture-density relations of soils shall be determined per ASTM D 1557. C. Cohesionless Materials: The relative density of cohesionless materials shall be determined by ASTM D 4253 and D 4254. D. Sampling: Backfill materials shall be sampled per ASTM D 75. E. Relative Compaction: 'Relative compaction" shall be expressed as the ratio, expressed as a percentage,of the in place dry density to the laboratory maximum dry density. F. Compaction Compliance: Compaction shall be deemed to comply with the specifications when none of the tests falls below the specified relative compaction. Although testing will be done by the Owner, the Contractor shall notify the Owner 24-hours in advance of when backfill lifts will be ready for testing. G. Testing Intervals: Unless noted otherwise, compaction tests shall be performed at random depths and at 200-foot intervals (maximum),and as directed by the Owner. H. The presence of marginal materials, poor soil conditions or a prevalence of failed test results will be cause for substantially increasing the frequency and intervals of required testing. Contractor shall pay the costs of any retesting of work not conforming to the specifications. PART 2-MATERIALS 2.1 Pavement Zone - Pavement zone materials shall be as specified in the Drawings and other related sections of these Specifications. 2.2 Trench Zone - Native or imported backfill shall be excavated, fine-grained non-organic materials free from peat, roots, debris, and rocks larger than 3-inches, and which can be compacted to the specified relative compaction. 2.3 Pipe Zone and Pipe Base - Unless otherwise specified or shown on the plans, the pipe base and pipe zone and pipe base backfill material shall be: Domestic Waterline Improvements E-13 and E-14 02223-2 P:W9290klU-09290-09001�O $c pec Spec90@5_02223Trenching BactNiing.dmx TRENCHING, BACKFILLING AND COMPACTING A. Imported sand of a gradation and composition as specified herein,or B. 3/4-inch crushed aggregate base rock,or C. Crushed miscellaneous of a gradation and composition as specified herein,or D. Imported Sand for Pipe Zone and Pipe Base conform to the Greenbook, Section 200-1.5.1 and shall meet the following gradation: Imported Sand Gradation for Pipe Zone and Pipe Base Sieve Size Percent Passing by Weight 3/8-inch 100 No. 4 75 - 100 No. 30 12-50 No. 100 2-20 No. 200 0- 11 E. Minimum sand equivalent shall be 30 for natural imported material and shall be 40 for screened recycled materials per ASTM D 2419. 2.4 Crushed Rock for Pipe Zone and Pine Base shall be crushed aggregate base material and shall conform to the Greenbook, Section 200-1.2 and shall meet the following gradations: Crushed Rock Gradation for Pipe Zone and Pipe Base Sieve Size 1 92-inch I-inch '/<-inch F 3/8-inch Domestic Waterline Improvements E-13 and E-14 02223-3 P:W9290Fl3 09290-09001\Doc pets pec9 5_02223 Th nching BacKiling.Cocx TRENCHING, BACKFILLING AND COMPACTING 2-inches 100 - 1 '/2-inches 90- 100 100 1-inch 20-55 90- 100 100 /<-inch 0- 15 30-60 90- 100 /2-inch - 0-20 30-60 100 3/8-inch 0 -5 - 0-20 90- 100 No.4 0-5 0-5 30-60 No. 8 0- 10 A. Crushed aggregate base materials used for pipe bedding shall be '/4 - inch unless otherwise called for by the project plans and specifications or as directed by the Owner. B. Crushed miscellaneous base materials may be substituted for crushed aggregate base materials. In such cases, materials shall conform to the requirements of the Greenbook, Section 200-2.4, except that gradation of the materials shall still comply with the percentages by weight on the table above. 2.5 Refill Material for Foundation Stabilization A. Refill material below the pipe shall be either material conforming to the '/2-inch size requirement for gravel or crushed rock, or naturally occurring rock having the following gradation: Refill Material Gradation for Foundation Stabilization Sieve Size Percent Passing by Weight Domestic Waterline Improvements E-13 and E-14 02223-4 P109290\130.09290-09001\Docs\Specs\Spec \25_02223 benching Bac"Iling.docx TRENCHING, BACKFILLING AND COMPACTING 3-inches 100 1 92—inches 70- 100 '/<-inch 60- 100 No.4 5-55 No. 30 0-30 No. 200 0- 10 2.6 Sand-Cement Slurry Refill Material for Foundation Stabilization in Pipe Base & Pipe Zone — When called for, sand-cement slurry shall consist of one sack (94 pounds) of Portland cement per cubic yard of sand and sufficient moisture for workability. 2.7 Water for Compaction-Water used in compaction shall have a maximum chloride concentration of 500 mg/L, a maximum sulfate concentration of 500 mg/L, and shall have a pH of 7.0 to 9.0. Water shall be free of acid,alkali,or organic materials injurious to the pipe coatings or the environment. PART 3-EXECUTION 3.1 Compaction Requirements-Unless otherwise shown on the drawings or otherwise described in the specifications for the particular type of pipe installed,relative compaction in pipe trenches shall be as follows: A. Material Testing: All imported or native materials shall be tested before the start of compaction operations to determine the moisture density relationship for materials with cohesive components, and the maximum density for cohesionless materials. Variations in imported or native earth materials may require a number of base curves of the moisture-density relationship. Contractor shall take this testing requirement into consideration when scheduling project work. B. Trench Zone: Backfill in trench zone greater than 18 inches below the pavement zone shall be compacted to not less than 90% relative compaction. Backfill less than or equal to 18 inches below the pavement zone shall be compacted to not less than 95%relative compaction. C. Pipe Base and Pine Zone: Materials placed as pipe bedding material in the pipe base and pipe zone shall be consolidated to 90% relative optimum compaction. Note that 95% relative optimum compaction shall be required in additional specific areas called for on the Drawings. Domestic Waterline Improvements E-13 and E-14 02223-5 P:W9290\134 9290-09001\Das pecs\ pecN\25_02223 Trenching Bacxfi1hhg.dccx TRENCHING, BACKFILLING AND COMPACTING D. Foundation Stabilization: Rock refill material for foundation stabilization, where required shall be placed and consolidated to 90%relative optimum density. E. Over-excavation: Rock refill for over-excavation shall be placed and consolidated to 90% relative optimum density. 3.2 Material Replacement - Trenching and backfilling material, which does not meet the specifications, shall be removed and replaced at no additional expense to the City. 3.3 Sheeting, Shoring and Bracing of Trenches - Trenches shall have sheeting, shoring and bracing conforming to CAL/OSHA requirements arid General Provisions. Lateral pressures for design of trench sheeting, shoring, and bracing shall be based on type of soil exposed in the trench, groundwater conditions, surcharge loads adjacent to the trench, and type of shoring that will be used in the trench. 3.4 Sidewalk, Pavement and Curb Removal - Bituminous and concrete pavements regardless of the thickness and curbs and sidewalks shall be cut prior to excavation of the trenches in accord with Section 02578, Pavement Removal and Replacement. Pavement and concrete materials shall be removed from the site and shall not be used for trench backfill. 3.5 Trench Widths A. Trench Width Limits: Unless shown otherwise on the drawings, trench widths in the pipe zone shall be as shown on the Drawings. Trench width at the top of the trench shall not be limited except where width of excavation would undercut adjacent structures and footings. In such cases, width of trench shall be such that there is at least 18-inches between the top edge of the trench and the structure or footing. B. Excavation and trenching shall be true to line so that a clear space is provided in the pipe zone on each side of the largest outside diameter of the pipe. The largest outside diameter shall be the outside diameter of the bell on bell and spigot pipe. C. Over-width Trench: Where the trench width in the pipe zone, is wider than the maximum set forth above, the trench area around the pipe shall be backfilled in accord with the directive of the Engineer and at the discretion oftheCity Representative. 3.6 Grade: Trenches shall be excavated to the lines and grades shown on the drawings with allowance for the thickness of the pipe and for pipe base. If the trench is excavated below the required grade,the portion of the trench excavated below the grade shall be refilled with refill material at no additional cost to the City. Refill material shall be placed over the full width of trench in compacted layers not exceeding 6-inches deep to the required grade with allowance for the pipe base. Hard spots that would prevent a uniform thickness of pipe base shall be removed. Before laying pipe sections, the grade shall be checked and any irregularities corrected.The trench bottom shall form a continuous and uniform bearing and support for the pipe at every point. Domestic Waterline Improvements E-13 and E-14 02223-6 P'.W9290\130-09290-0 001\ s\Specs\Spec90\25_02223 Tmncfiin9 a ckfillin9,docx TRENCHING, BACKFILLING AND COMPACTING 3.7 Pine Base Thickness-Thickness of the pipe base shall be as shown on the drawings or as otherwise described in the specifications for the particular type of pipe installed,but in no cases shall the thickness be less than 4-inches. 3.8 Dewaterine A. Means and Devices: Suitable means and devices shall be provided and maintained to continuously remove and dispose of all water entering the trench excavation during the time the trench is being prepared for the pipe laying, during the laying of the pipe, and until the backfill at the pipe zone has been completed. Water shall be disposed of in a manner to prevent damage to adjacent property. Trench water shall not be drained through the pipeline under construction. Groundwater shall not be allowed to rise around the pipe until jointing compound has firmly set. B. Notification:—The City shall be notified 48 hours prior to commencement of dewatering. Methods employed shall be in conformance with the Citys existing NPDES permit. For ' contracts between City and Contractor, a copy of the permit is included in the Appendix of the Specifications. 3.9 Storaee of Excavated Material-During trench excavation,excavated material shall be stored only within the working area. Roadways or streets shall not be obstructed.The safe loading of trenches with excavated material shall conform to federal,state,and local codes. 3.10 Length of Oven Trench - The length of open trench shall be limited to 600 feet in advance of pipe laying or amount off pipe installed in one working day. Backfilling and temporary or first layer paving shall be completed so that not more than 500 feet of trench is open in the rear of pipe laying. Sidewalks, driveways and other traveled ways shall be backfilled or adequately bridged to provide safe access and egress at the completion of each day's work. 3.11 Foundation Stabilization-After the required excavation has been completed,the City Representative shall inspect the exposed trench subgrade to determine the need for any additional excavation. It is the intent that additional excavation shall be conducted in all areas within the influence of the pipeline where unacceptable materials exist at the exposed subgrade. Overexcavation shall include the removal of all such unacceptable material that exists directly beneath the pipe base and to the depth required.The presence of unacceptable material may require excavating a wider trench. The width and depth of known areas to be overexcavated shall be shown on the drawings. The overexcavated portion of the trench shall be backfilled to the subgrade of the pipe base with refill material for foundation stabilization. Foundation stabilization material shall be placed over the full width of the excavation and compacted in layers not exceeding 6-inches in depth,to the required grade. 3.12 Trench Backfrlline and Compaction A. General_Trench backfill shall conform to requirements of the detailed piping specification for the particular type of pipe and following. Domestic Waterline Improvements E-13 and E-14 02223-7 P\OA290\130.09290-09001\Das\.Spacs\Spec90¢5_02223 Trenching Backflling Eocx TRENCHING, BACKFILLING AND COMPACTING B. Pine Base: The specified thickness of pipe base material shall be placed over the full width of trench.The top of the pipe base shall be graded ahead of the pipe laying to provide firm, uniform support along the full length of pipe. C. Bell Holes: Bell holes shall be excavated at each joint to permit proper assembly and inspection of the entire joint. D. Pie Zone: After the pipe has been bedded,pipe zone material shall be placed simultaneously on both sides of the pipe,keeping the level of backfill the same on each side.Material shall be carefully placed around the pipe so that the pipe barrel is completely supported and that no voids or uncompacted areas are left beneath the pipe. Particular care shall be taken in placing material on the underside of the pipe to prevent lateral movement during subsequent backfilling. Material placed within the pipe zone shall be compacted by hand tamping only. E. Trench Zone: Backfill material shall be carefully deposited onto the backfill previously placed in the pipe zone. Free fall of the material shall not be permitted until at least 2 feet of cover is provided over the top of the pipe. Sharp,heavy pieces of material shall not be dropped directly onto the pipe or the tamped material around the pipe. F. Trench Backfill: Trench backfill shall be compacted to the specified relative compaction. Compaction shall be performed by using mechanical compaction or hand tamping equipment. Unless specified otherwise,consolidation by jetting or flooding shall not be permitted. High impact hammer-type equipment shall not be used except where the pipe manufacturer warrants in writing that such use will not damage the pipe. G. Equipment: Axle-driven or tractor-drawn compaction equipment shall not be used within 5 feet of walls and structures. H. Street Zone Backfill: Street zone backfill shall be done in accord with the requirements and to the satisfaction of the County or City agency having jurisdiction. 3.13 Import or Export of Backfill Material A. Excess Material: Excess excavated soil material shall be removed and disposed of off the project site at no additional expense to the City. Excess soil material shall be disposed of in accord with local regulations. B. Imported Material_Any additional backfill material necessary to return all grades to plus or minus 0.2 feet from the grade encountered at the beginning of construction or as shown on the contract drawings shall be imported,placed, and compacted at no additional expense to the City. 3.14 Moisture Content of Backfill Material-During the compacting operations,optimum practicable moisture content required for compaction purposes shall be maintained in each lift of the backfill material.Moisture content throughout the lift shall be maintained at a uniform level. If placement is discontinued and proper moisture content not maintained,the upper layer shall be brought back to proper moisture content by sprinkling,cultivating and rolling the backfill material before placing new material. At the time of compaction,the water content of the material shall be at optimum water content plus or minus two percentage points. Material which Domestic Waterline Improvements E-13 and E-14 02223-8 P:W9290\134-09290-09001\DMSSpec Zpec90\25_02223 benching Backfillingdo TRENCHING, BACKFILLING AND COMPACTING contains excessive moisture shall not be worked to obtain the required compaction. Material having excessive moisture content may be dried by blading,discing,or harrowing to hasten the drying process. * END OF SECTION Domestic Waterline Improvements E-13 and E-14 02223-9 RW9290113 920-0 I10oatSpecslSpec9025_On23 Trenching BackGltlng.docx TRENCHING, BACKFILLING AND COMPACTING SECTION 02315—JACKED CASING PART 1 -GENERAL 1.1 GENERAL A. Description-This section describes tunneling using jacked steel casing for highway and culvert crossings and other shallow depth tunnels less than 500 feet in length. This section also describes carrier pipe installation within the steel casing. B. Submittals 1. Shop drawings shall be submitted in accordance with the General Requirements and the following. 2. Submit manufacturer's mill specification sheet listing diameter,thickness,and class of steel used in making the casing, and the mill certification. 3. Submit drawings showing the location of approach trench,jacking pit,tunnel and receiving pit,and joint type for both casing and carrier pipe. 4. Submit a tunnel construction schedule which includes casing installation,carrier pipe installation,approach trench backfill,and receiving pit backfill. 5. Submit an engineered shoring plan for the bore-pit and receiving-pit. Shoring submittals shall be wet-signed and stamped by a California-licensed Civil or Structural Engineer. C. Permits-All work shall conform to the specifications and requirements of the State of California Department of Transportation,the Orange County Planning& Development Services Department,the City,or the railroad company involved. The Contractor shall secure all required permits for construction of casing pipe installation. D. Scheduling- If the pipeline is not installed within the casing as a continuous operation following completion of the jacking of the casing, the casing portals shall be bulkheaded and the approach trenches backfilled and later reopened for pipe installation. E. Line and Grade-Contractor shall continuously survey jacked casing for conformance with design line and grade. Survey data shall be taken at a maximum of 40-foot intervals. PART 2 -MATERIALS 2.1 Steel Casing A. Materials: Steel casing shall be ASTM A 283, Grade C,ASTM A 570 Grade 30, 33, and ASTM A-36 unless noted otherwise. The minimum inside diameter and wall thickness of the casing shall be as follows,or shall be as shown on the drawings. Greater casing thickness and diameter Domestic Waterline Improvements E-13 and E-14 02315-1 a.w929D�lUa 9290-0 OOI noes pecsG pec OQ5_02315 Jacxea casina.d« JACKED CASING may be used as convenient for the method of work and loadings involved,as suitable for the site and as limited by possible interferences,but at no additional cost to City. B. The Contractor shall choose a size of casing at or above the minimum specified,in order that the jacking may be done with a sufficient degree of accuracy to permit installation of the carrier pipe to the grades shown on the plans. C. Joints &Welding: Casing sections shall be joined by full circumference welding. Field welds shall be full-penetration bevel welds in accord with the standards of quality as set forth in the specifications of the American Welding Society. All welding shall be performed by skilled welders qualified under the provisions of ANSI AWS D1.1.Welder qualifications shall be certified by an independent local,approved testing agency not more than 6 months prior to commencing work. Prepare ends of casings for proper bevel weld by providing a 45-degree bevel on the end of one of the two casing pieces being joined. D. Wall Thickness: Minimum size and thickness of casing pipes for insertion of various sizes of carrier pipes shall be as shown on Standard Drawing W-21 "Steel Casing for Water Pipe" or S- 7, "Steel casing for Sewer Pipe",unless a larger or heavier wall casing pipe is required by the agency having jurisdiction over the road or railroad crossing. 2.2 Casing Seals-Casing seals shall be 118-inch-thick synthetic,rubber,designed to fit snugly around pipe and casing. Casing seals may be one piece with no field seams or the wrap-around style to facilitate installation after the casing and carrier pipe are already installed. Seamless style are preferred. Bands and hardware for attachment to pipe and casing OD shall be stainless steel. 2.3 Grout A. Grout shall consist of one part Portland cement,four parts sand,2%bentonite by weight of the cement,and sufficient water to produce a workable mixture. B. Portland cement,sand shall be of such fineness that 100% will pass a standard No.8 sieve and at least 45%,by weight,will pass a standard No. 40 sieve. C. Bentonite shall be a commercially-processed powdered bentonite,Wyoming type, Black Hills, or approved equal. 2.4 Grout Connections-The contractor shall provide 1-inch diameter threaded steel half-couplings on the inside of the casing pipe. Unless noted otherwise in the plans or specifications, grout connections on the casing pipe shall be provided near the top of the casing. Longitudinal spacing between grout connections along the axis of the casing pipe shall be 60 inches. This spacing may be decreased to provide more frequent grouting,but in no case shall the spacings shown on the drawings or specifications be exceeded. PART 3 -EXECUTION Domestic Waterline Improvements E-13 and E-14 02315-2 P\09290\l3 9290-09001\Dcc pecc\5pec90V5_02315 J80W Dasing.dmx JACKED CASING 3.1 Safety-The boring and jacking work shall be done in conformance with the State of California's requirements. It shall be the Contractor's responsibility to call the required safety meeting with representatives from the State Division of Industrial Safety prior to beginning of construction of each bore. 3.2 Jacking Pit A. Excavation Protection: The approach trench for jacking or boring operations shall be adequately shored to safeguard existing substructures and surface improvements and to ensure against ground movement in the vicinity of the casing portal. 13. Structural Support for Jacking Equipment: Heavy guide timbers, structural steel,or concrete cradle of sufficient length shall be placed in the approach trench of the jacking pit and firmly bedded on the required line and grade to provide accurate control of jacking alignment. Adequate space shall be provided to permit the insertion of the lengths of casing to be jacked. The structure of timbers and structural steel sections shall be anchored to ensure action of the jacks in line with the axis of the casing. A bearing block consisting of a timber or structural steel framework shall be inserted between the jacks and the end of the casing to provide uniform end bearing over the perimeter of the casing and distribute the jacking pressure evenly. 3.3 Sectional Shield or Jacking Head A. Equipment: A sectional shield or steel jacking head shall be attached to the leading section of the casing to extend around the outer surface of the upper two-thirds of the casing and to project at least 18 inches beyond the driving end of the casing. The sectional shield or jacking head shall not protrude more than 1/2-inch outside of the outer casing surface.The head shall be anchored to prevent any wobble or alignment variation during the jacking operation. 13. Removal of Excavated Material: To avoid loss of ground outside the casing,excavation shall be restricted to the least clearance necessary to prevent binding and shall be carried out entirely within the jacking head and not in advance of the head. Excavated material shall be removed from the casing as jacking progresses and no accumulation of excavated material within the casing will be permitted. 3.4 Control of Alignment and Grade-Application of jacking pressure and excavation of material ahead of the casing as it advances shall be controlled to prevent the casing from becoming earthbound or deviating from the required line and grade shown on the Plans.Allowable grade deviations in horizontal and vertical alignments shall be no greater than 0.2 feet per 100-feet in any direction over the length of the jacking and boring operation. A maximum cumulative deviation shall not exceed 0.5 feet overall. Do not encroach upon the minimum annular space detailed. The City will check line and grade at intervals not exceeding 40-feet to ensure compliance with plans. 3.5 Grouting Exterior of Casing- Immediately after completion of the jacking or boring operation, grout shall be injected through the grout connections in such a manner as to completely fill all voids outside the casing pipe resulting from the jacking or boring operation. Where loss of ground outside the casing is suspected, additional grout connections shall be welded to the Domestic Waterline Improvements E-13 and E-14 02315-3 P:W9290\134-0929049001\Docs\Specs\SVec90\25_02315Jacke Casing.Joce JACKED CASING casing. Grout pressure shall be controlled so as to avoid deformation of the casing and/or avoid movement of the surrounding ground. After completion of grouting,the grout connections shall be closed with extra heavy black steel threaded plugs. 3.6 Installation of Carrier Pipe A. Insertion of Carver Pipe: After grouting the exterior of the casing pipe, the interior shall be cleaned and the carrier pipe installed. The carrier pipe shall be installed on two (2) skids of sufficient dimension to prevent the pipe bells from touching the casing pipe and to allow for proper alignment of the tamer pipe to meet the specified grade. B. Securement: The top of the carver pipe shall be blocked to prevent flotation. The carrier pipe shall be secured in a manner satisfactory to the City's Representative to prevent floating and subsequent change of grade. C. Pipe Skids and Blocking: Skids and blocking shall be redwood, bevel cut to prevent bending during installation of the carrier pipe, and notched so that the securing bands will be recessed within the wood. Skids and blocking shall be secured to the carrier pipe with stainless steel bands at each end of the pipe and at mid-sections if the carrier pipe segment is over ten (10) feet long. D. Grade Adjustment: The carrier pipe grade shall be adjusted as required by changing the thickness of the redwood skids to compensate for any grade variations of the casing pipe. Wood skids shall be used in all cases. Care should be taken to ensure that the carrier pipe does not come in contact with and is insulated from the casing pipe. E. Failure to Achieve Required Grade: If the alignment of the casing pipe is such that the carrier pipe grade cannot be met,the grade of the casing pipe shall, if required by the City,be adjusted. If realignment is not deemed feasible by the City, another casing pipe meeting the required grade shall be installed. The abandoned casing pipe shall be filled with sand and the ends plugged with twelve (12) inch thick masonry plugs. Realignment or replacement work shall in no way result in additional costs to the City. F. Testing: Before backfilling the jacking and receiving pits, the carrier pipe shall have passed an initial pressure or leakage test. 3.7 Closing the Jacking Pit and Receiving Pit A. Closing the Jacking Pit and Receiving Pit: After jacking equipment and muck from the tunnel have been removed from the approach trench of jacking pit, the bottom of the jacking pit shall be prepared as for a pipe foundation. Remove all loose and disturbed material below pipe grade to undisturbed earth. B. Backfill: The jacking pit and receiving pit represent overwidth trench conditions. Backfill shall either be Provisions as called for on the contract drawings, in the Special Provisions, or in Section 02223: Trenching,Backfilling,and Compacting. * END OF SECTION Domestic Waterline Improvements E-13 and E-14 02315-4 P\092904130-09290-09001\Docs\Specs\Spec9 5_02315Jacked Casingdo JACKED CASING SECTION 02578—PAVEMENT REMOVAL AND REPLACEMENT PART1 -GENERAL 1.1 DESCRIPTION -This section describes materials,testing,removal,and replacement of asphalt concrete pavement, seal coat, aggregate base course,prime coat,tack coat, and Portland cement concrete surfaces. PART 2 -MATERIALS 2.1 Asphalt Concrete Paving-_Asphalt concrete paving shall be type 1H-C2-AR4000 as listed in Section 400-4 of the Standard Specifications for Public Works Construction,latest edition for dense grade paving. 2.2 Asphalt-Asphalt shall be viscosity grade AR 4000. Asphalt content in the pavement shall be 5.5%to 6.5%. 2.3 Aggregate for Asphalt Concrete-Aggregate shall be in accordance with Sections 400-1.1 and 400-1.2 of the Standard Specifications for Public Works Construction,latest edition. 2.4 Seal Coat- Seal coat shall be SS 1 asphaltic emulsion. 2.5 Aggregate Base Course-Aggregate base shall be crushed aggregate base as specified in Section 400-2 of the Standard Specifications for Public Works Construction. 2.6 Prime Coat-All aggregate base areas to be paved over shall receive prime coat. Prime coat shall be medium curing(MC-70)in accordance with Section 302-5.3 of the Standard Specifications for Public Works Construction. 2.7 Tack Coat-Tack coat shall conform with Section 302-5.4 of the Standard Specifications for Public Works Construction. PART 3 -EXECUTION 3.1 Pavement Removal A. Asphalt Concrete Pavement Cutting Requirements: Asphalt concrete pavement shall initially be cut with a pavement cutter or other equipment at the limits of the excavation before the pavement is removed. After backfilling and compacting the excavation,asphalt concrete pavement shall be saw cut to a minimum depth of 2-inches at a point not less than 9-inches Domestic Waterline Improvements E-13 and E-14 02578- 1 P:M290\134-09290-090010ms\Specs\Spec W5_02578 Pavement R and R.dmx PAVEMENT REMOVAL AND REPLACEMENT outside the limits of the excavation or the previous pavement cut,whichever is greater,and the additional pavement removed. If the cut is within 3-feet of an existing joint or curb and gutter, the asphalt concrete pavement shall be replaced to the joint or curb and gutter. B. Portland Cement Concrete Pavement Cutting Requirements: Concrete pavement,cross gutters, curbs and gutters, sidewalks,or driveways,shall be saw cut to a minimum depth of 1-1/2-inches at a point I-foot beyond the edge of the excavation and the strip of improvement removed. Concrete pavement may initially be cut at the limits of the excavation by other methods prior to removal and the saw cut made after backfilling the excavation. If the saw cut falls within 3-feet of a concrete joint or pavement edge,the concrete shall be removed and replaced to the joint or edge. C. Disposal of Material: All pavement and other improvements removed shall be disposed of off the site. The cost of such disposal shall be included in the appropriate bid item. D. Final Pavement Saw Cuts: Final pavement saw cuts shall be straight along both sides of the trench,parallel to the pipeline alignment, and provide clean,solid,vertical faces free from loose material. Adjoining pavement which has been damaged or disturbed shall also be saw cut and removed. Saw cuts shall be parallel to the pipeline alignment or the roadway centerline or perpendicular to same. 3.2 Pavement Replacement A. General_Producing,hauling,placing, compacting, and finishing of asphalt concrete shall conform to Section 302-5 of the Standard Specifications for Public Works Construction. Seal coat shall be applied to all new asphalt concrete paving, except open grade asphalt concrete. B. Base Course,Final Course and Striping:-Base course paving shall be complete at all times to a point not to exceed 1,000 feet behind anworking heading. The final asphalt surface course shall be at least 1-inch thick and shall be placed within a period of two weeks after traffic has been returned to that portion of the street.Temporary striping shall be applied after the base course of asphalt concrete pavement has been placed, in the same configuration as the existing permanent striping,so that traffic can be returned to normal patterns. Temporary striping shall be maintained until permanent striping is applied. 3.3 Preparation of Subgrade-Subgrade shall be excavated and shaped to line,grade,and cross section.The top 18-inches of subgrade shall be removed and recompacted to 95%relative compaction.All soft material disclosed by the compacting effort shall be removed and replaced. The finished subgrade shall be within a tolerance of+/-0.08 of a foot of the grade and cross section shown, smooth and free from irregularities and at the specified relative compaction.The subgrade shall be considered to extend over the full width of the aggregate base course. 3.4 Placing Aggregate Base-Aggregate base shall be placed to thickness shown on the plans,to match existing, or per the applicable permit. Aggregate base shall be compacted to 95%relative compaction and installed in accordance with Section 301-2 of the Standard Specifications for Public Works Construction. Domestic Waterline Improvements E-13 and E-14 02578-2 P W290\104 9290-09001\Docs\SPece\SPe09O\25_02578 Pavement R and Rdocx PAVEMENT REMOVAL AND REPLACEMENT 3.5 Placing Prime Coat-Prime coat shall be applied to the surface of the final aggregate base course at the rate of 0.25 gallon per square yard per Section 302-5 of the Standard Specifications for Public Works Construction. 3.6 Placing Tack Coast-Tack coat shall be applied at the rate of 0.05 gallons per square yard to the surfaces to receive finish pavement per Section 302-5.4 of the Standard Specifications for Public Works Construction. Tack coat shall be applied to existing asphalt,metal,or concrete surfaces that will be in contact with new asphalt concrete paving. 3.7 Placing-Asphalt Paving-Asphalt paving shall be applied to the thickness shown on the plans, as listed above,or per the applicable permit. Asphalt paving shall be installed in accordance with Section 302-5 of the Standard Specifications for Public Works Construction. 3.8 Applying Seal Coat- Seal coat shall be applied at the rate of 0.05 to 0.10 gallons per square yard. 3.9 Compaction of Base and Leveling Courses-Compaction and rolling of base and leveling courses shall begin at the outer edges of the surfacing continue toward the center. Water shall be applied uniformly throughout the material to provide moisture for obtaining the specified compaction.Each layer shall be compacted to the specified relative compaction before the next layer is placed. 3.10 Surface Tolerance-Finished grade shall not deviate more than 0.02 foot in elevation from the grade indicated on the drawings. Slopes shall not vary more than 1/8-inch in 10 feet from the slopes shown on the drawings. 3.11 Concrete Curbs, Gutters, and Sidewalks - Concrete curbs, gutters, and sidewalks shall be replaced in accordance with Section 02528,Concrete Curbs, Gutters,and Sidewalks. 3.12 Emulsion-Aggregate Slurry - Certain street sections where shown on the plans or where required by the jurisdictional agency may be required to receive an asphaltic slurry seal in conformance with Section 302-4, Standard Specifications for Public Works Construction after the final asphalt surface course. The composition and aggregate grading for slung shall be Type H of Subsection 203-5.3. *END OF SECTION Domestic Waterline Improvements E-13 and E-14 02578 -3 P:\09290\13449290-09001\Dmsl pa,s pec90\25_02578 Pavement Rand R.d.. PAVEMENT REMOVAL AND REPLACEMENT SECTION 15064—PVC PRESSURE PIPE AND DI FITTINGS PARTI -GENERAL 1.1 GENERAL A. Description—This section includes materials,installation,and testing of polyvinyl chloride (PVC)pipe for 4-inch through 36-inch diameter domestic water lines in accordance with the applicable provisions of A WW A C900 and AWWAC905. PART 2 -MATERIALS 2.1 PVC Pipe A. General: PVC pipe shall be manufactured in accordance with A WW A C900 and AWWA C905, and shall be of the sizes and pressure classes shown on the Plans. The pipe shall have gasketed bell end or plain end with elastomeric gasketed coupling. B. Material: Material used to produce the pipe and couplings shall be made from Class 12454-A or B virgin compounds as defined in ASTM 0 1784,with an established hydrostatic design basis rating of 4,000 psi for water at 73.4'F (23'C). C. Pipe Lengths: Laying lengths shall be 20 feet with the manufacturer's option to supply up to 15%random lengths(minimum length 10 feet). D. Pipe Marking: Each pipe length shall be marked showing the date of manufacture,nominal pipe size and O.D.base,the AWWA pressure class,and the AWWA specification designation (AWWA C900 or C905). For potable water applications,the seal of the testing agency that verified the suitability of the material for such service shall be included. E. Manufacturers: Pipe shall be as manufactured by J-M Manufacturing,Certainteed,H&W Plastics, PW Pipe,Vinyltech,or Diamond Plastics, or approved equal. 2.2 Fittings—Fittings shall be ductile iron and shall be manufactured in accordance with DI ANSUAW WA C-153/A-21.53 and shall be casting-marked as such. The interior shall be lined with cement mortar per ANSI/AWWA C-104/A-21.4. Lining material shall conform to ASTM C-150,Type II. Exterior surfaces shall be coated with an asphaltic material in conformance with AWWA C-110/A-21.10 and AWWA C-151/A-21.51. Bell Sizes: Bell size shall be for Class 150 and Class 200 iron-pipe-size equivalent PVC pipe,including the rubber-ring retaining groove. Domestic Waterline Improvements E-13 and E-14 15064-1 P909290\134-09290-09001\DMSs pees\SpeMQ5_15064PVCPressure Fpedocx PVC PRESSURE PIPE 2.3 Rubber Rings-Rubber rings for use in the PVC couplings and fittings shall conform to the requirements of ASTM 0 1869. Rubber rings shall be stored and protected in a manner to prevent deterioration. 2.4 Service Saddles- Service saddles shall be designed for use on C900 PVC pipe. PART 3 -EXECUTION 3.1 General A. Related Installation Specification: PVC pipe shall be installed in accordance with the requirements of Section 15051, Installation of Pressure Pipelines. B. Restrictions: When pipe is to be installed in new streets or when street improvements require placement and/or replacement of curbs,piping shall not be installed until new curbs are in place,unless special approval by the City is obtained. If any curbing is damaged during piping installations,the damaged portions shall be repaired or replaced to the satisfaction of the agency having jurisdiction. C. Closure Sections: Where closure sections are required.the sections shall be installed in accordance with the applicable portions of these specifications. Closures shall be made using gasketed-PVC closure collars. D. Cover: The pipe sections shall be laid in the trench to true alignment and grade in accordance with the drawings. Where the grade is not shown,pipe shall have a cover of 42 inches in paved areas and 48 inches in unpaved areas. The pipe grade shall be approved by the City. E. Curved Alignment: The pipe shall not be laid along curves at a radius less than that listed below. The minimum-radius curves are determined by the limit of 2-degree deflection for PVC pipe joints with factory-assembled bell couplings. For 20-foot pipe segments,the minimum curve radius shall be 573-feet. For 10-foot pipe segments,the minimum curve radius shall be 287-feet. For integral bell PVC pipe,the minimum radius curves obtained by deflecting joints shall not exceed the manufacturer's recommendation. Pipe sections shall not be bent to achieve a curve. 3.2 Installation A. Pipe Cutting: When pipe is cut and is to be joined to a ductile-iron fitting or another piece of pipe,the end shall be beveled in the field or shop to create a beveled end equal in workmanship to the machined ends of the pipe as furnished by the manufacturer. Such machining shall not result in undercutting the wall thickness and must be approved by the City Representative before installation. B. Joints: Connecting parts of pipe,rings, couplings, and castings shall be cleaned before assembly. After bearing has been obtained, couplings shall be assembled in a workmanlike manner.The use of excessive lubricant will not be permitted, and the assembly of the couplings and rings shall be in accordance with the manufacturer's recommendations. Lubricant and Domestic Waterline Improvements E-13 and E-14 15064-2 P\09290\134-09290-09001\Doc Zpecs\Spec9 5_15064 P/C Pressure Rpe.Oocx PVC PRESSURE PIPE rubber rings shall be supplied by the pipe manufacturer. All fittings and valves shall have joints that are compatible for use with ductile iron O.D. PVC pipe. C. Pipe Storage: Pipe shall not be stored in direct sunlight. Pipe stored outdoors shall be protected from discoloration by covering it with opaque material such as canvas.The covering shall be placed in such a way as to allow adequate air circulation between the cover and the pipe. Discolored pipe shall be rejected. 3.3 Pipe Identification -Warning and locator tape shall be installed on all water pipelines and potable water piping. * END OF SECTION Domestic Waterline Improvements E-13 and E-14 15064-3 P W9290\134-0929"9001\Do Zpecs\ pec90\25_15M4 WC Pf sure Rpe.doc PVC PRESSURE PIPE CITY OF SAN JUAN CAPISTRANO PART IV - APPENDICES APPENDIX- A - PERMITS I Domestic Waterline Improvements E-13 and E-14 APPENDIX P:09290�134-09290-09oul�Do Specs4Spec U6 Pah N-Appendicesaoc+ \\ NOTES / REMOVE AND REPLACE (QTY) \ (3) �Wy� 0 VALVES PER DETAIL. TRAFFIC CONTROL PLANS SHALL BE PREPARED BY 71% / CONTRACTOR AND SUBMITTED \ \\ SI�'C�r / TO CITY WITH ENCROACHMENT 04' /., W PERMIT APPLICATION. o ENS y y` i U ALL SHUT DOWN SHALL BE �c NG' © COORDINATED WITH CITY � �d z OPERATIONS AND ONLY CITY STAFF ARE ALLOWED TO (2) -'� TURN EXISTING VALVES. OMAXIMUM SHUTDOWN DU RATION SHALL BE 4 HOURS. FASSHALL BE �'Iy11VDDRWIil p,1LLEY (3) (3) (✓ � '\\ © RESPONS BOLE FOR CUSTOMER NOTIFICATIONS PER SPECIFICATIONS. " ST0.�1f(/,VP xgi G 5 T89 I . STOEEHIIy pR Y: �s x � �yxRPP2xwaaD 57 - - - _ `t) I ,�✓' � - ti 1 (3) N \ r e : B1 1 F 4_ S \ ' G j'p0 o k nx L o� d TfF G7' /r F C � I r t ?� CITY OF SAN JUAN CAPISTRANO Domestic Waterline Improvements E-13 and E-14 (CIP 08803) May 2010 B�� 5 i ] 4 5 ] i F -- ---------- - - - - - - _-, - - + - ---- 0 N Q gOIB 45 s.n000 q S 45 Z � J 338 E = saaoo 6 R� U 35 — 35 9ULE ZRl1, -„a V£RT "=a' i 207+00 208+00 209+00 210+00 211+00 212+00 213+00 214+00 I I omr�1 N\ I �� memonatr // nRACE a _ _ _ _ I F1J6i QMNiM( I � \ IQIYOF SINAWI \ PORRNBWYORpIACENNlD �rtN O09T OWVHI'AY TE FBlDE \ IfMT1UNO RAY \ _ _ PPOIC4TNPIM,! ca«Ecrro� -- 1\ � PROPoSEc o Izoro- -PVC — — Y wluResa FAtx r 3� ns4� 1 ,IP C N ,lK ST ft . 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THE STANDARD@mFDATION6 FOR PUSUC WONW CONSTRUCTION THE ENTRE LANE WIDTHS.WHETHER FULLY OR PARTIALLY AFFECTED BY SUCH THEFOLLOWINGRESMUNEOVIERCRAUNCES SMt $IFFY TITLE (GEEMOOM.THE CITY OF SM JUAN CMpTRAIO'S STANDARD PIANS AND TREMIES BULL REWIRE COLA MWNG Am AT MMMUM,AN ASRMLM ORANGE COUNTY STANDARD PLANS,N THE CASE OF A CONFLICT,B SHAU BE OVERLAY OF IAS NES N MFM.ALL LOLDMWNG AID OVERLAYING MOOR COVER SHEET F ASSENTED MAT ME MORE 6IRNGENT APLIE4.UNLESS OTHERM6E ClA16FD BY OTHER STRUT RESVRFACNO METHODS,SUCH K SLURRY SEAL$IF APPROVED BY NAME AND ADDRESS PHONE 6201 SHUT INDIX.(£NERAL NOTES.AERflENAiMNS.MD LEGEND TIE ENONUR N WbTINO. TIE CUT ENGINEER.MAL NCLUDE THE ENTRE LENGTH G TIE EXCAVATOR PWS A THREE p)FOOT EXTENSION PAST RHE LONORIDNAL EDGES OF EACH CUT. CAN PUN S PROFLE STA 105,1859 TO SRA 105K0.01 2 ALL WOO SHALL CONFORM TO THE STATE CWSDEICTIM SAFETY ORDERS AT&T DISTRIBUTION I21]I]87o112 CAU PUN b PROFILE STA INTIM 01 i0 STA 11]+3]62 21. WHERE EASTNO TMFFM STMRNG AND EARNINGS ARE DAMMED BY 1205RVANBIRENSTREET.HSO 3. ALL WOO SMALL COFwM TO THE CRY OFF OF MN JUAN CAMMANO UND USE CONSTRUCTION,R SHALL BE THE RUPONSBLRY OF CONTRACTOR TO REPLACE AWMEMCAMNU G103 PVN 6 PROFILE STA 2D�003 TO STA 207.2824 MANAGEMENT COLE SAID STRPNO WDM,TO THE GTISFALTON OF THE ENGINEER. AT&T TRANSMb91]N (H]I787M12 GAN PVN E NROHLE STA 207+26X TO STA 213�E6.G A ALL MATERIAL MUO BY CONUACTOR SHALL FIRST U NSPECIED AM M. CONTRACTOR SHALL PROVIDE MOWER WITH AS•2ONSTRUCTm ORAMIRM MO S.FWIVER STMET,pp CAO5 CWNECTIONO:TALS APPROVED BY THE CITY. SHINNING ACTUAL EXISTING AM NEW UTHIIY LOCATION,LIMBS OF PAVEMENT LOSAMEIES,G9lp1] C-106 MISCELLPNEOUS OETP24 ' L MNIMUM DIUM OF COYER FOR NEW WATERLNE4 SHALL BE AYKHES BELOW REYNRSAM DIMERRELEVANT NFwWTpN. AT&T TRANSMISSION (]14)9p-T9FA FORM GRADE. MTR . CONTRACTOR SHALL PROVIDE A CLEAR SAFE AND UNOBSTRUCTED WA MAY FOR 2M11 BROOHURST STRUT.S1111F t0] PmE81NMN8 PAST NORNIREAS.pT NOTIME 414LLLPEDE3TRUNS BE ORECTEO NUIIIMTON BFACH,G9Mtl S. ALLLNEVAVMSMLLOEMTME YVALVU.MUUWTMOTHDW,ISEON MOVEMCUGRTRAFFM WEA CITY OF SAN JUAN GMSTR D (w JAJbl51 ABBREVIATIONS: THIS oMW W$ JH00vA4EOAoelArto 30. COMIRACTOR SMALL SE RESMIMIME FOR PREPARATION OF MAFD CONTROL AWMI ABANDONEDOD OUTSIDE DIAMETER]. CONTRACTOR SHALL NOT ER T OPATE VALVES ON E%$TNGCL G WATER SYSTEM.ONLY PNS FOR LANE MOUSES OR ALTERATION OF E%bAT M TRAU PATTERN£ SAN JUAN GRSTMM.G9M]5 AC AWNALT CONCRETE ON OVERHEAD E CRY PERSONNEL ME PERMITTED TO OPERATE VALVES ON EMSTNG WATER SAID RAN SHALL BE MINUTES FOR FEWER AM APPROVAL BY THE MAFFD ACv ASPMLTCONGFE ETEPOIFW OMMECOUNWFLOOD SYSTEM. ENGINEER MOOR M USSUAME OF ANmGwCHMEM PERMIT FOR WORN N THE CWMYOFOMME MMIO IT1q 9NJIM MffH)FMAY. PUBOAW AVE CENTER CONTRW DYTPoCi S. CONNECMM TO EMMW FACSREE WALL BE DONE ONLY IN THE PRESENCE OF SMfp ANAGYi102 C CEMERLNE PLC PORRNNOCELENT LONLNEIE THECRYMSPEROR 31. FOR DETWRS AM STRUT CLOSURES,@ERYTRAFRC CONT OLP SMLL CATV CABIN TFLEVBpN P$ PMPEFTI'LNE WCLVDf TXE FOLLOWVIS RATS:"CWTRACTORSWILL MTFYCITYENOEEER COXCOMMVTCAROHS INM]M-M10 CITY CITY OF SM JOAN GRSTMWO PC POLWNYL CHLGDE PET 9. NOORADNG.FMRHCABLE.EHALCOMM MWN]LHETFRUOBTA GA (N9Y}1111AOMME WUNIYSXEIRFFY DEPARTMENT IiNdL80NLN1D RANCIMD1M DE lA1BADERM COM DETAILCONCRETE PVM PAYMENT ORADM PERMIT AND MTFYNG THE GRADING INSPECTOR. ORANGE COUNTY FRE AUMORRY NMJHMTH AT LEAST 72 HOURS MAR TO RMWOSAMP WROMRA.Cp9Ap DET DETAIL R ROAD STREET CLOEIAEORDEfOM" UN DARNINGMETER M ROAD LEV¢]COMMINCATp116 (TMIWa1E2 DY@ ELECTRO IU RAILROAD 10. 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CONTRACTOR WALVENRY THEPRMIDEPE OF TO CONS RUCTIO Of NT1E SM DEW,G9H22 FEED AwNM TIECWTR0.IENTS, D.PRICE TO LOMTSUC1pNOFANY RAM#-WAY BENCH NARK: SURFACE GRAHAMS HMW WEMEHT£ SWIN CGST WATERO4TMLT (Nq N0eB9 LIKES MATTER LAWWENTST ELEVAUOAAMVWMDAREETN E OR MEWUMYCORNEROF BENCHMARK"RIDGE L",p]]M" i]. CALIFORNIAWTSTATEDENO TENT OF @TNSMLLRmYNEA PULER FROM THE IAGAA BFACM.CI9M51 NML MSOY(SETNTHE HORTHWESTMUL NMWOFACTMUAEBMWELOGTEDM . CAFMATE DEPIIffMEM OF NWSNRWLSAFETY. W WATER NORTXFASTESLY CODFA OF TIE MER&EMpN OFAVPK STIEM AND D¢OBBPOSWFET. SDUMCOASTWATERCMMOT/JTVSS (NN2w' Y EPV.�%II]FEETIMVOM.YFARIEVElFD 19901 16 ALL IAVNO REMOVAL SHALL BE 9AWiN AT THE CITY MUMMERS -SS- SEWER PO BOX30205%DMS s MMWMDEFM OFCUT]NALY I.SEICIES, _ _ _ _ IAGUM NI'U¢•CA YA11i STOSMDMN Q 19. W MPAVMMTWOMMJ OTMRPAV KWMWHLREIE r¢@MNLCMPDa corour PRIVATE ENGINEER'S NOTICE TO CONTRACTOR: BEE LEFT CI 1ERS&IMLL RAVE p 2FlOI BYbNCM RF11C000 XFA0ERTMT M4LL1 FI INJ'IACF. 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SEWN.WATMWDSAMYYIWLWWS TWTWIWTALLEDNTIE£UE TAMM m pOYpOF MOx�'FY, MARK DATE DESCRIPTION BY U'D'OiBMJLLW FAPBNND E-O BE APflDVED TETRA TECH _ ' DOMESTIC WATERLINE IMPROVEMENTSCITY OF SAN JUAN CAPISTRANO A E-13 AND E-10 a1G„ADSLUE NSSER PBGS2PLEH 162aI LAGI.NA CANYON ROAD.6OTE29G °cMLt SHEET INDEX, GENERAL NOTES, RCE M71)EXP72740997274099 FAXC1919EXP_1231M I .1 M-709-]G'/ ABBREVIATIONS,AND LEGEND [ Ca ,DN Tan T.. CITY OF SAN JUAN CAPISTRANO 16241 LAGUNA CANYON ROAD,SUITE 200 DOMESTIC WATERLINE IMPROVEMENTS IRVINE,CA(99)727 PHONE:(9d9)727-7099 FAX:(949)727-7097 E-13 AND E-14 (C I P 08803) ' w .to'm ch.wm PROJECT LOCATION: CLIENT INFORMATION: CITY OF DANA POINT CITY OF SAN JUAN CAPISTRANO CITY OF SAN JUAN CAPISTRANO 32400 PASEO APELANTO SAN JUAN CAPISTRANO,CA 92695 Tt PROJECT No.: CLIENT PROJECT No.: q 134-09290-09001 CIP 08803 PROJECT DESCRIPTION/NOTES: (�\ E-13 APPROX 1000-FT 12-IN DIA PVC WATERLINE V IIB WAD E-14 APPROX 1300-FT 12-IN DW PVC WATERLINE ulrtaa 1%1 1776 ISSUED: 30%SUBMITTAL 03/12/10 MAY 2010 MEMBERS OF THE CITY COUNCIL DR. LONDRES USO,MAYOR LAURA FREESE SAM ALLEVATO THOMAS HRIBAR MARK NIELSEN JOE TAIT, CITY MANAGER VICINITY MAP: g -14 CMWO DEL Anry PROJECT LOCATION E-13 PROJECT LOCATION 48 CITY OF SAN JUAN CAPISTRANO J PRELIMINARY ONLY LTrDMTOLLFREE NOT FOR CONSTRUCTION6472-4133 MARCH 12,2010 6l MD DAWVICINITY MAP R C.011 GYNOM °°h NTS. CITY OF SAN JUAN CAPISTRANO • COUNTY OF ORANGE STATE OF CALIFORNIA tTJ6 SPECIFICATIONS AND CONTRACT DOCUMENTS Domestic Waterline Improvements E-13 and E-14 • (CIP 08803) Members of the City Council DR. LONDRES USO,MAYOR LAURA FREESE SAM ALLEVATO THOMAS HRIBAR MARK NIELSEN CITY MANAGER JOE TAIT ASSISTANT UTILITIES DIRECTOR WILLIAM CURRY • June 22, 2010 Domestic Waterline improvements E-13 and E-14 COVER P:\092901130-03290-09001\DocsZS m\SPe 10001 Cow.dom CITY OF SAN JUAN CAPISTRANO ADDENDUM NO. I TO CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF DOMESTIC WATER IMPROVEMENTS E-13 AND E-14 (CIP 08803) July 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. This Addendum consists of 6-pages and the following attachments: I. Bid Schedule— I-page 2. Section 15089—Air and Vacuum Valves—3-pages Approved by: IfiK, Date: �� 1 Joe Mankawich 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 Domestic Water Improvements E-13 and E-14 -Addendum No.I Page 2 of 6 . ........ 1. Notice Inviting Bids,N-1,Change of Bid Opening time, Delete: 2:00 PM on July 15, 2010 Replace with: 2:00 PM on July 22, 2010 2. Bid Schedule Delete: Page I in its entirety. Replace with: Page I —Addendum 1, attached. 3. Section 01100-PART I Add: "1.15 JOBSITE SAFETY — Jobsite Safety is the responsibility of Contractor at all times. Contractor acknowledges responsibility for jobsite safety and acknowledges that Engineer will not have any such responsibility. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless Owner, Engineer, their present companies, subsidiaries, agents and employees, from and against all claims, damages, losses and expenses, including but not limited to attorney fees and claim costs, arising out of or resulting from performance of work by Contractor, its subcontractors or their agents and employees, which results in damage to persons or property, including wrongful death regardless of whether or not such claim, damage, loss or expense is caused in whole or in part by the negligence, active or passive, of Owner, Engineer, their parent and subsidiary companies, as well as their agents and employees, excepting only the sole negligence of Owner, Engineer, their parent or subsidiary companies and their aizents and employees. 4. Section 01100-SURVEY, STAKING, LINES, GRADES AND MEASUREMENTS Add: "E. Contractor shall provide Owner with copies of all survey work, including but not limited to "cut sheets" and ade staking." 5. Section 01100-1.6 Add: "C. Allowance for Encroachment Permits: Contractor's bid shall include an allowance of$5,000 for each of the three encroachment permits (City of Dana Point, City of San Juan Capistrano and Orange County Flood Control)for a total of$15,000. This allowance may or may not be paid in full, depending on the actual fees paid by Contractor for the three encroachment permits identified herein. In the event that Contractor is required to pay in excess of$15,000 in non- refundable, non-penalty fees for these encroachment permits, then this pay item will be increased an amount equal to the difference between$15,000 and the actual eligible fees paid." Domestic Waterline Improvements E-13 and E-14 ADDENDUM PA09290I 30-09290-09001 Mocs\SpecsWddendun 112010-07-13-ADDENDUM-01 a.dwx City of San Juan Capistrano Domestic Water Improvements E-13 and E-14 -Addendum No.I Page 3 of 6 6. Section 01270-3.1-B.-Bid Item 2: Traffic Control,Public Convenience and Safety Add: "Work to be included in this bid item shall include,but not be limited to a recreation-path detour plan for work in the vicinity of the recreation-path located at approximate Station 106+75. The subject path shall be closed when obstructed or when adjacent work causes the path to be unsafe. The detour plan will be required as an attachment to the permit application for encroachment permits for the City of Dana Point and the County of Orange. Signs for the detour shall be installed as required by the City and County, and at least 7 calendar days prior to path closure. As a minimum, signage shall include a map indicating the location and route of detour,the anticipated start and end dates of the detour, and adequate signs to direct traffic around the work- area via the detour." 7. Section 02315-3.6 Add: "G. The annular space between the casing and product pipe shall be filled with air blown sand." 8. Section 02578-PART 3.1 Add: "E.LIMITS FOR PAVEMENT REPAIRS WITHIN THE CITY OF DANA POINT When pavement is cut within the limits of the City of Dana Point,the limits for repair shall extend 10-feet beyond the excavation limit(longitudinal to the street centerline), and from curb to curb(transverse to the street centerline). The full section of pavement shall be removed and replaced 12"beyond the excavation limit. The remaining repair area shall be ground to a depth of 2"below the existing surface and overlaid with 2"of asphalt pavement asspecified in Section 02578." 9. Section 02646-PART 2 MATERIALS Add: "2.6 PROTECTIVE COATING FOR DUCTILE IRON PIPE AND FITTINGS The exterior surface of all ductile iron pipe and fittings shall be protected with a minimum 30-mill dry film thickness of shop applied polyurethane coating. Polyurethane coatings shall be Futures Coatings,Protec II PW,or Madison Chemical,Coiropipe 11 Abrasion,or approved equal. Polyurethane coating shall he applied in strict accordance with the coating manufacturer's written instructions,including recommendations for surface preparation and priming of the ductile iron." 10. Section 15109-2.1 GENERAL Add: "D. Valves shall be lined and coated with thermosetting powdered epoxy coating. Surface preparation shall be SSPC SP-5. Apply to a dry-film thickness of 12-mils in accordance with manufacture's recommendation. Epoxy coating shall be 3M Scotchkote 134 or Engineer approved equal." Domestic Waterline Improvements E-13 and E-14 ADDENDUM 1 P:\09290\134-0929-09001\Doa\SpemNddendur Ai 2010-07-13-ADDENDUM-01a.dmx City of San Juan Capistrano Domestic Water Improvements E-13 and E-14 -Addendum No.I Page 4 of 6 1 A, 'X nA 1. Sheet C-105 Detail 1: Change the two 45-degree vertical bends to two 22.5-degree vertical bends. 2. Sheet C-107: Delete the valve replacements on Goldenspring Drive,Eastwind Drive, Ironsides Drive and Sunridge Drive. This eliminates five (5)6"hydrant valves, six (6) 8"line valves and three(3) 10"line valves. The 10"linestop on Goldenspring Drive is eliminated and a new 8"linestop is added in Coral Reach, slightly north of Eastwind Drive. A new Bid Schedule reflecting these changes is included in this Addendum. 1. Question: The soils report showed that it was very corrosive and wanted to know if you could specify what specific coating needed to be with the valves, pipe, and fittings. Answer: Valves shall be epoxy lined and coated, as specified in Section 15109-2.1-D and in this addendum. Ductile iron pipe and fittings shall be coated with polyurethane,as specified in Section 02646-2.6 and in this addendum. 2. Question: There is not a bid item to abandon 8"ACP in place. There are two locations, one on sheet C-102 at Alipaz Street and the other on sheet C-106 at Coral Reach Street. Will there be a bid item added to cover the cost of abandonment? Answer: The cost to abandon existing ACP pipe shall be included in the price bid to make the connections, which is bid items 17 through 20. 3. Question: On Coral Reach street is the contractor to remove the existing tee and three gate valves and reconnect the existing 8"main with a forty five degree bend?If so, will there be a bid item added to cover the cost of the removal and connection? Answer: The cost for abandonment and related work at the intersection of Coral Reach Street and White Sands Street shall be included in the price bid to replace 8-inch gate valves, which is bid item 7. 4. Question: Are there any advertising requirements or subcontracting goals for DVBE, MBE etc. on this project? Answer: No. Domestic Waterline Improvements E-13 and E-14 ADDENDUM P W92M\134-09290-MO1\DocsNSpeoa ddenduo 1Q010-07.13-ADDENDUWOI a docx City of San Juan Capistrano Domestic Water Improvements E-13 and E-14 -Addendum No.l Page 5 of 6 5. Question: What are the liquidated damages on the project? Answer: Liquidated damages are $500 per calendar day, as specified in 01100-1.9-C. 6. Question: Are all of the valve replacements located in the City of Dana Point? Answer: All of the work illustrated on Sheets C-106 and C-107 is located within the City of Dana Point. 7. Question: Are the backfill requirements in Dana Point the same as in San Juan Capistrano? Answer: The backfill requirements specified in Section 02223 are for both Cities. 8. Question: Will the shutdown be coordinated by the City? Are there fees associated with the shutdown? Answer: Contractor shall be responsible to schedule and coordinate all shutdowns with the City. Bidder's attention is directed to Section 01100-1.7 - Service Shutdowns and Public Notification. There are no City fees associated with the water shutdowns described in Section 01100-1.7. 9. Question: Is night or weekend work allowed? Answer: Night and weekend work is not allowed, as specified in Section 01100-1.10—Work Restrictions and Site Constraints. 10. Question: Will the addendum clearly state the paving requirements? Answer: Paving requirements and limits shall be asspecified in Section 02578 and this Addendum. 11. Question: Do the valves have adapters on them? Answer: The new valves shall have MJ ends where it connects to pipe,or for flanged valves, a ductile iron flange xpush-on adapter shall be installed to facilitate the pipe-to-valve connection. Domestic Waterline Improvements E-13 and E-14 ADDENDUM 1 P:\09290\136-09290-09001\DomWpe6AEdwdum 1QO10-07-13-ADDENDUM-01a.doc City of San Juan Capistrano Domestic Water Improvements E-13 and E-14 -Addendum No.l Page 6 of 6 12. Question: Are the additional removals going to be paid per foot? Answer: Removal and disposal of existing ACP pipe shall be included in the price bid to make connections, which is bid items 17 through 20. 13. Question: Can pipes be snapped into place using a transition coupling? Answer: As an alternative to connecting to ACP at the next existing joint,the ACP may be scored and snapped, as long as the work is done in accordance with OSHA requirements. 14. Question: What is the projected start date? Answer: The tentative start date will be immediately following the Labor Day Holiday of September 6, 2010. 15. Question: What are the testing requirements? Answer: See Section 02666—WATER PIPELINE TESTING AND DISINFECTION. 16. Question: Who will conduct compaction and survey testing and bacterial sampling? Answer: Contractor shall be responsible for compaction testing, survey and staking, and bacteria testing. All test results shall be submitted to Engineer for review. 17. Question: How much do they City of Dana Pont permits cost and who is supposed to pay them. Will there be an allowance for permits? Answer: As specified in Section 01100-1.6-PERMITS, Contractor is responsible for obtaining all permits and paying all permit fees. An allowance for encroachment permits is identified in this Addendum. * END OF ADDENDUM#1 Domestic Waterline Improvements E-13 and E-14 ADDENDUM 1 P909290\130-09290-09001\D mkSpems Ad0endum l@010-07-13-ADDENDUM-01 a.dmx This is EXHIBIT B, consisting of one page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR. NCITY OF SAN JUAN CAPISTRANO BID SCHEDULE FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) ID Description Estimated Unit Unit Price Extended Quantity Price 1 Mobilization and PreparatoryWork 1 LS Cannot exceed 5%of bid items 2-23 2 Traffic Control, Public Convenience, Safety 1 LS 3 Pothole and Report 4 EA 4 Sheeting, Shoring, Bracing 1 LS 5 Construct 10" Line-Stop (Blue sail) 1 EA 5A Construct 8" Line-Stop(coral Reach St.) 1 EA 6 Construct 12" Line-Stop (coral Reach St.) 1 EA 7 Replace 8" Gate Valve 29 EA 8 Replace 10" Gate Valve 3 EA 9 Replace 12" Gate Valve 4 EA 10 Replace 6" Hydrant Gate Valve 14 EA 11 Bore and Jack Sta 203+41.75 to 204+11.75 1 LS 12 12"AWWA C900 PVC Waterline 2600 LF 13 1"Air Release Assembly 4 EA 14 Blow-Off Assembly 1 EA 15 Utility Overcrossing Per Det 5, Sht C-105 2 EA 16 Testing and Disinfection 1 LS 17 Connection to Existing at Sta 100+00 +/- 1 LS 18 Connection to Existing at Sta 112+21 +/- 1 LS 19 Connection to Existing at Sta 199+91 +/- 1 LS 20 Connection to Existing at Sta 213+69 +/- 1 LS 21 Allowance for Overex and Refill 300 CY 22 Asphalt Removal and Replacement 100,000 SF 23 Site Cleanup and Restoration 1 LS TOTAL ITEMS 1 THROUGH 23: 40 Name of Bidder or Firm Domestic Waterline Improvements E-13 and E-14 BID SCHEDULE P\09290\134-09290-10004\WoMpmDraRsVAddendum 1\09 Bid Schedule Addend l.docx PAGE 1 —Addendum 1 SECTION 15089-AIR-RELEASE AND VACUUM RELIEF VALVE ASSEMBLY PART1 -GENERAL A. Description This section includes materials and installation of combination air and vacuum valves. Air release and vacuum relief assemblies to be provide and installed per AWWA C 512, unless noted otherwise in this section. B. Application 1. Air release and vacuum relief valves shall be installed at high points in continuous lines 10- inches and larger or as shown on the plans. 2. If the profile changes during construction from that shown on the drawings, the air and vacuum release valves shall be installed at the high points in lines as constructed. 3. The installation shall be complete as shown on Standard Drawing W-16. C. Approved Manufacturers 1. APCO Model 143C,and 145C 2. Val-Matic 3. Pipeline Products Company. PART 2 -MATERIALS A. Combination Air and Vacuum Relief 1. Materials of construction for combination air and vacuum relief valves shall be as described below: Item Material Snecification Body and Cover Cast iron ASTM A126,Class B Float,Lever,Poppet Stainless Steel ANSI Type 316,ASTM A240or 276 Seat EPDM 2. Coat exterior of valves with one coat of primer and two coats of finish paint at the place of manufacture. 3. Coat interior of valves with epoxy at the place of manufacture. S. Steel Vented Pipe Vertical Cover 1. The steel vented pipe cover shall be manufactured from 12-gauge steel or approved equal. Domestic Waterline Improvements E-13 and E-14 15089-1 p:\09290\134-09290-09001\Docs\Sp 'Addendum l\25_15089MValves.do AIR RELEASE AND VACUUM VALVES C. Copper Pine, Tubing.Fittings and Solder Copper pipe and tubing utilized for the installation of the combination air and vacuum relief valves shall conform to ASTM B88, Type K. Copper fittings shall conform to ASTM B75 and ANSI B16.22. Solder shall be tin-silver confomning to ASTM B32 Grade SBS. PART 3 -EXECUTION A. Location 1. Air release valve assemblies and combination air and vacuum valves shall be installed at each point in the pipeline as shown on the Drawings. 2. The tap for the air valves shall be made in a level section of pipe no closer than 18 inches to a bell,coupling,joint,or fitting. 3. The center of the PVC sleeve shall be, located as shown on Standard Drawing W-16 as described below: a. Where concrete curb or asphalt concrete (AC)berm exists or is to be constructed, and the sidewalk is next to the property line; 2 feet 1 inch back of the face of the curb. b. Where 6-foot wide or narrower sidewalk is to be installed or exist next to the curb; 10 inches back of sidewalk edge. Where there is insufficient Public Right-of-Way behind of the sidewalk,an easement will be required. C. Where there is no curb or berm,the location shall be designated by Engineer. B. Installation 1. Air release assemblies and combination air and vacuum valves shall be installed in accordance with Standard Drawing W-16. 2. Clean threaded joints by wire brushing or swabbing. Apply Teflon joint compound or Teflon tape to pipe threads before installing threaded valves.Joints shall be watertight. 3. The air and vacuum relief valve and the steel vented pipe cover shall be shop primed and painted. The final coat of paint shall be applied immediately prior to the final inspection. 4. A bronze ball valve with handle shall be installed on the copper service line above the concrete slab. 5. A PVC nipple shall be installed between the shutoff valve and the air release valve. Domestic Waterline Improvements E-13 and E-14 15089-2 P:W9290\134-09290-09001\Doms Sp we dEendum lT 5 15089ArVeNes.da AIR RELEASE AND VACUUM VALVES C. Valve Pressure Testing 1. Test valves at the same time that the connecting pipelines are pressure tested. 2. Protect or isolate any parts with a pressure rating is less than the test pressure. ** END OF SECTION ** Domestic Waterline Improvements E-13 and E-14 15089-3 P:109290\134-09290-09001\Dom\SP mo ddendum 1\25_15089Air Valves.doc AIR RELEASE AND VACUUM VALVES CITY OF SAN JUAN CAPISTRANO ADDENDUM NO.2 TO CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF DOMESTIC WATER IMPROVEMENTS E-13 AND E-14 (CIP 08803) July 19,2010 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 3-pages and the following attachments: 1. Bid Schedule— I-page 2. Section 15160—Line Stop Devices 3. Revised Drawings(9 Sheets) Approved by: {— y Date: J ankawich City of San Juan Capistrano Received by: Date: Bidder's Company Bidder's Signature Bidder's Typed or Printed Name 40 City of San Juan Capistrano Domestic Water Improvements E-13 and E-14 -Addendum No.2 Page 2 of 3 mp gmp.t iy F"I x u;HS 1 Notice Inviting Bids Delete: "All work must be completed within 120 calendar days after the date specified in the Notice to Proceed." Replace with: "All work must be completed within 150 calendar days after the date specified in the Notice to Proceed." 2. Bid Schedule Delete: Page I in its entirety. Replace with; Page I —Addendum 2, attached. 1. Delete: All Drawings (9 sheets) Replace with: The attached drawings (9 sheets),which illustrate the changes made in Addendurns I and 2, along with additional clarifications. The revised drawings indicate"Mark I"revisions. awm_ ,N! iq 0 A 1. Question: Please clarify which bid item should contain the encroachment permits allowance. Answer: The Bid Schedule revised under this Addendum includes bid item ID#IA, which is for three encroachment permits at $5,000 each. 2. Question: Can we leave the spoils"graded loader smooth"on-site within the dirt areas of the project limits? Answer: All excess material must be removed and disposed off-site asspecified in Section 02223. 3. Question: The Notice Inviting Bids indicateg that the contract time is 120 days. Section 01100-1.9B indicates that the contract time in 150 days. Which is correct? Answer: All work must be completed within 150 calendar days after the date specified in the Notice to Proceed. Domestic Waterline Improvements E-13 and E-14 ADDENDUM 2 P:\09290\I34-09290-0900I\Dom\Sp mddendun 21Y010.07-19 ADDENDUMD2.da City of San Juan Capistrano Domestic Water Improvements E-13 and E-14 -Addendum No.2 Page 3 of 3 4. Question: Can trench dewatering be discharge to San Juan Creek? Answer: No discharges to San Juan Creek are allowed. When dewatering the existing pipelines for the purpose of making tie-ins,the water may be discharged into a City of San Juan Capistrano (City) sewer manhole. When dewatering the new pipelines after disinfection and hydrostatic testing, the water shall be dechlorinated and then it may be discharged to a City sewer manhole. If groundwater is encountered during excavations,the groundwater may be discharged to a City sewer manhole. In any case, Contractor shall be responsible for all necessary,piping, pumps, tanks, valves and related equipment to collect and transfer the subject water to the City sewage collections stem, all in accordance with the Contract Documents. 5. Question: The soils report does not indicate any buried dumpsites for concrete, asphalt or rock in the alignment of the proposed waterline. If these types of buried fill areas are encountered,can the contractor expect to be compensated for the extra costs for excavation and disposal and if so, how? Answer: No additional compensation will be made for subsurface conditions consisting of buried dump sites, concrete, asphalt or rock. 6. Question: Does the exterior of the casing need the same coating as the DI fittings? Answer: The interior and exterior of the steel casing pipe shall be shop-primed prior to shipment and no additional coating is required. 7. Question: Where can we place removed equipment? Is there a yard available? Answer: Contractor is responsible for identifying and obtaining suitable areas for staging as well as material and equipment storage. In no case shall equipment or materials be left on public streets overnight. The City does not have a yard available for Contractor's use. * END OF ADDENDUM#2 Domestic Waterline Improvements E-13 and E-14 ADDENDUM 2 P:W9290\136-09290-09001\Docs\Specs dd duo 2@010-07-19 ADDENDUM02.dmx This is EXHIBIT B, consisting of one page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR. CITY OF SAN JUAN CAPISTRANO BID SCHEDULE FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) ID Description Estimated Unit Unit Price Extended Quantity Price 1 Mobilization and Preparatory Work 1 LS Cannot exceed 5%of bid items 2-23 1A Allowance for Encroachment Permits 3 EA $5,000 $15,000 2 Traffic Control, Public Convenience, Safety 1 LS 3 Pothole and Report 4 EA 4 Sheeting, Shoring, Bracing 1 LS 5 Construct 10" Line-Stop (Blue Sail) 1 EA 5A Construct 8"Line-Stop (Coral Reach St.) 1 EA 6 Construct 12" Line-Stop (Coral Reach St.) 1 EA 7 Replace 8" Gate Valve 29 EA 8 Replace 10" Gate Valve 3 EA 9 Replace 12" Gate Valve 4 EA 10 Replace 6" Hydrant Gate Valve 14 EA 11 Bore and Jack Ste 203+41.75 to 204+11.75 1 LS 12 12"AWWA C900 PVC Waterline 2600 LF 13 1"Air Release Assembly 4 EA 14 Blow-Off Assembly 1 EA 15 Utility Overcrossing Per Det 5, Sht C-105 2 EA 16 Testing and Disinfection 1 LS 17 Connection to Existing at Sta 100+00 +/- 1 LS 18 Connection to Existing at Sta 112+21 +/- 1 LS 19 Connection to Existing at Sta 199+95 +/- 1 LS 20 Connection to Existing at Ste 213+69 +/- 1 LS 21 Allowance for Overex and Refill 300 CY 22 Asphalt Removal and Replacement 50,000 SF 23 Site Cleanup and Restoration 1 LS TOTAL ITEMS 1 THROUGH 23: Name of Bidder or Firm Domestic Waterline Improvements E-13 and E-14 BID SCHEDULE P109290\134-09290-09001\Docs\Spems dendum02\09 Bid Sc edule Addendum 2.doc PAGE 1 —Addendum 2 SECTION 15160-TEMPORARY LINE STOP DEVICES PART 1 -GENERAL 1.1 DESCRIPTION A. This section includes materials and installation of temporary line stop devices in existing waterlines in order to isolate portions of the existing water distribution while lines valves are replaced. 1.2 SUBMITTAL A. Work Plan: Submit details of the work plan, including set up,layout equipment,procedures, testing and details of the design to provide a temporary line stop and thrust restraints for the existing water system. PART 2-MATERIALS 2.1 GENERAL A. Provide manually operated temporary line stop devices complete with tapping sleeve, temporary tapping valve, and line stopping device, as required for installation and operation. 2.2 LINE STOP DEVICE A. Provide line stop devices that are specifically designed as a means of plugging a pressurized domestic waterline without disrupting pressure of service upstream of the line stop. Line stop devices shall provide a watertight seal in fragile, out of round, or asbestos cement and ductile iron mortar lined pipes. Design line stop devices to mount on the tapping valve of a tapped waterline and to operate by inserting a stopping head through the opened tapping valve and install the head in the waterline until the pipe has been sealed tightly shut. Line stop devices shall be as manufactured by International Flow Technologies, or approved equal. 2.3 LINE STOP MACHINERY A. The equipment shall be a non folding type assembly utilizing a full size cut. The head shall have a sealing element which is machined to fit the inside diameter of the pipe and uses the pressure to seal the edge of the cup to the main while work is being performed. This equipment must be rated at 150 psi. working pressure. 2.4 LINE STOP FITTING AND ACCESSORIES A. Fitting shall be a weld type split tee. It shall consist of steel weldments; an upper line stop flange with a line stop nozzle and two full wrapper plates. B. Line Stop Flange: The outlet of each fitting shall be machined from a 150 lb. forged steel flange (ASTM A181 or A105) or from pressure vessel quality steel plate (ASTM A285, Grade C); flat faced and drilled per ANSI B16.5. Suitable independently operated locking devices shall be 40 provided in the flange to secure the completion plug. Domestic Waterline Improvements E-13 and E-14 TEMPORARY LINE STOP DEVICES P:we2W%li os2NaM01�Dms�S�mwddendu�Ms_isi60Una stops.do« 15160-1 C. Line Stop Nozzle: The nozzle, which lies between the saddle and the flange, shall be fabricated from steel pipe(ASTM A234). After welding and stress relief, the nozzle shall be accurately bored to accommodate the line stop plugging head. D. Full wrapper plates: The plates shall consist of steel plate(ASTM A234)rolled to encircle the outside diameter of the pipe. The plate must meet design strength to support and protect the existing pipe and support the welded line stop fitting. 2.5 DRAIN -NOZZLE A. Drain fitting shall be a welded steel nozzle. Tapping sleeve shall be epoxy-coated. The sleeve shall be lined with NSF 61 approved epoxy. Tapping sleeves shall be weld-on type IFT 525 or approved equal. 2.6 LINE STOP VALVES A. Install temporary tapping gate valves. Temporary Line stop valves shall meet working pressure of the existing pipelines PART 3—EXECUTION 3.1 EXTENT OF SHUTDOWN MA. The shutdown will be accomplished by using a line stop. Because of possible internal corrosion, missing mortar lining, or deposits in the main,"bubble-tight"shutdowns may not occur. A satisfactory shutdown is one which; allows the work to be accomplished(i.e. valve installation) using drainage pumps to dewater if needed. 3.2 LINE STOP INSTALLATION A. Prior to ordering material:Excavate, if necessary,dewater and expose at the location of the line stop in order to measure the outside diameter of the existing pipe. If main is deteriorated; or if utilities will interfere with fittings, support/thrust blocking, or equipment; move location up or downstream to structurally sound pipe. 1. The caliper O.D. of all mains shall be used to determine ovality. 2. Measure outside diameter of line. 3. Verify wall thickness and interior condition by hot tapping techniques at drain nozzle location. 4. Restore as requested by Owner. B. Weld line stop fitting(s)and wrapper plates around the main. Install permanent drain nozzle(s)/equalization fittings to the main. Two fittings are usually required for each line stop. 1. Permanent Drain Fittings -Because some amount of leakage may pass line stops, Two(2) drain taps of 2"or greater shall be added to the line to determine the quality of the shut down. Two(2)2 '/2' line stop type drain fittings will be used so that the temporary valves can be removed after the operation. This will allow no valve to be left at this location for added security to the system. Domestic Waterline Improvements E-13 and E-14 TEMPORARY LINE STOP DEVICES P:\09290\130-09290-09001\Doc Smmu AddentlunAl2�5_t5t80 Line Slops.tlocz 15160-2 2. Drain Fitting-The outlet, completion plug and cap of each fitting shall be machined from a 150 lb. forged steel flange(ASTM A181 or A105). C. Pressure test welds with 110%to 120%of the working pressure. Spray soapy solution around all welds and permanent materials to confirm pressure containment. D. Pour concrete support and thrust blocking. Contractor shall re-coat existing pipe by hand prior to pouring concrete thrust block. E. Install temporary tapping valve(s)to line stop fitting(s). F. Mount tapping machine; open valve;pressure tap; retract cutter with coupon; close temporary valve; remove tapping machine. G. Mount high pressure line stop machine, open temporary valve, insert line stop plugging head into main. H. Test for shutdown at drain /equalization fitting. I. Install required piping, fitting(s)and valve(s). J. Equalize section of pipe through drain/equalization fitting . NK. Remove line stop equipment. L. Install completion machine; remove temporary valve(s); install blind flange(s)and complete project as needed. 3.3 CUTTING OPERATION A. Drilling equipment shall be in good condition and equipped with power drive to ensure smooth cutting, and to minimize shock and vibration. Cutting equipment shall be tungsten tipped and have a coupon retention device drill suitable for retaining the size of the coupon to be cut. 3.4 TAPPING SLEEVE INSTALLATION A. Tapping sleeves shall be installed in conformance with the manufacturer's recommendations. Thoroughly clean the pipe barrel with a wire brush to provide a smooth,hard surface for the sleeve. Support the sleeve independently of the pipe during the tapping operation. The sleeve shall be pressure-tested. Provide thrust block at the tapping sleeve. 3.5 TAPPING VALVE INSTALLATION A. Tapping valves shall be installed in conformance with the manufacturer's recommendations. 3.6 THRUST RESTRAINT A. Provide adequate thrust restraint for tapping valve and line stop to prevent movement and leakage of valve or line stop or connections with valve or line stop in open or closed position. Thrust Domestic Waterline Improvements E-13 and E-14 TEMPORARY LINE STOP DEVICES P:\09290\134-09290-09001\Docs\Sp =\Addendun 0225_15160 Line SWps.doc 15160-3 restraint shall be constructed of concrete. Install, maintain, and remove thrust restraint for valve for the duration that the valve and line stop is in place. 3.7 VALVE AND LINE STOP LEAKAGE TESTING A. Visually observe valve and line stop for leakage following installation. 3.8 TEMPORARY LINE STOP DEVICE REMOVAL A. Following completion of the work; disinfect,install,test, and place into service the new valves, remove all tapping valves, fittings, line stop device,thrust restraint and connection hardware used for installation of the temporary line stop device. Backfill,repair surfaces,and restore pavement as specified. 3.9 TRAFFIC CONTROL AND ACCESS A. Provide and maintain traffic control and access at the location of each line stop. Contractor shall submit traffic control plans to the City for review and approval. Bury the line stop following installation. ** END OF SECTION 15160 ** 49 Domestic Waterline Improvements E-13 and E-14 TEMPORARY LINE STOP DEVICES P.\M290\134-OM290-09001\Docs\Sp..s dd.dtl -02\25_151W Line S[opsdo= 15160-4 Domestic Waterline Improvements • E-13 and E-14 (CIP 08803) The Specifications contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: Engineer of Record: m Neil Barn ale,P.E. Tetra Tech Civil Engineer C 53077 Approved by: Joseph E. Tait Utilities Director City of San Juan Capistrano • Domestic Waterline Improvements E-13 and E-14 SIGNATURE PAGE P:W 9 13 092 og001`Dao\spem44peoi100 M signmm Pav-tl CITY OF SAN JUAN CAPISTRANO • DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 1 — GENERAL REQUIREMENTS 01100—SUMMARY 01270— UNIT PRICES, BID ITEMS, ALLOWANCES 01300 —CONTRACTOR SUBMITTALS 01310— PROJECT MANAGEMENT AND COORDINATION 01320 —CONSTRUCTION SCHEDULE AND UPDATES 01500 —TEMPORARY FACILITES 01781 — RECORD DRAWINGS DIVISION 2— SITE CONSTRUCTION 02223 —TRENCHING, BACKFILLING AND COMPACTING 02315—JACKED CASING 02578 — PAVEMENT REMOVAL AND REPLACEMENT 02646 — PVC PRESSURE DISTRIBUTION PIPE 02666—WATER PIPELINE TESTING AND DISINFECTION • DIVISION 3— CONCRETE— NOT USED Domestic Waterline Improvements E-13 and E-14 TABLE OF CONTENTS P:W9290\13A-09290-09001\Do�\SpecawSpas100`A3TOC.do TOC- 1 • DIVISION 4— MASONRY— NOT USED DIVISION 5— METALS — NOT USED DIVISION 6—WOOD AND PLASTICS — NOT USED DIVISION 7—THERMAL AND MOISTURE PROTECTION — NOT USED DIVISION 8— DOORS AND WINDOWS— NOT USED DIVISION 9— FINISHES — NOT USED DIVISION 10— SPECIALTIES— NOT USED DIVISION 11 — EQUIPMENT— NOT USED DIVISION 12— FURNISHINGS — NOT USED DIVISION 13— SPECIAL CONSTRUCTION — NOT USED DIVISION 14— CONVEYING SYSTEMS — NOT USED DIVISION 15 — MECHANICAL 15109— GATE VALVES 15151 — DOMESTIC WATER FACILITIES AND IDENTIFICATION DIVISION 16— ELECTRICAL— NOT USED • • Domestic Waterline Improvements E-13 and E-14 TABLE OF CONTENTS P7M290\136-09290-09001\D m\SP kSpamiN0 03 TOCAo TOC-2 CITY OF SAN JUAN CAPISTRANO DOMESTIC WATERLINE IMPROVEMENTS E-13 and E-14 (CIP NO. 08803) 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 • Domestic Waterline Improvements E-13 and E-14 PART I P10929M134-08290-ODOOlk o SpKSXSpec9 Pert I Conten¢..d= • NOTICE INVITING BIDS FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 & E-14 (CIP NO. 08803) Notice is hereby given that sealed bids for Domestic Waterline Improvements E-13 and E-14 (CIP No. 08803) will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2:00 p.m. on Thursday. July 15. 2010 at which time they will be opened and read aloud. 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 10 am on July 7, 2010. Any bidders 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. Copies of the Plans and Specifications are on file at the City Clerk's Office, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of $50 plus a charge of$20 for each set of Plans and Specifications mailed. For more information, please contact Joe Mankawich, Associate Engineer at (9 9) 48 4313. Dated: June 17, 2010 _WA RIS, CI CLERK CI N JUAN C ISTRANO ORANGE COUNTY,IPA FORMA • CITY OF SAN JUAN CAPISTRANO • NOTICE INVITING BIDS FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP NO. 08803) 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 July, 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 domestic waterlines at the specified locations, in accordance with Contract Documents. The Work also includes bore and jack operations, concrete encasements and other pipeline appurtenances 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 and the City of Dana Point within public rights-of-way and easements, as illustrated on the Plans and described in the Specifications. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 120 calendar days after the date specked 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. 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 Domestic Waterline Improvements E-13 and E-14 NOTICE INVITING BIDS C:1Docum WadSenin9skswansoU=MSettln9slTem aryInternetR[eZontwt0Wook1KCFFSPC)U*5Nis(Y).d= NIB-1 • 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 10:00 AM on July 7. 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: The Contractor's attention is directed to the provisions of Section 2-7, "Subsurface Data" of the Standard Specifications for Public Works Construction. Section 2-7 of the Standard Specifications for Public Works Construction is hereby amended in that a Geotechnical Report has been prepared specifically for the subject project entitled "Report of Geotechnical Investigation, Domestic Waterline Improvements, E-13 and E-14, CIP Project no. 08803, for the City of San Juan Capistrano, California" dated March 19, 2010 by GMU Geotechnical, Inc. A copy of the geotechnical report is available for review by bidders at the office of the City Engineer. 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 $50 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$20 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 comer with the name and address of the Bidder and shall bear the words "Bid For Domestic Waterline Improvements E-13 and E-14" followed by the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF SAN JUAN CAPISTRANO Date co CITY OF SAN�UAN r : I TRANO i j f By aria r s Clerk the oard Domestic Waterline Improvements E-13 and E-14 NOTIC IN [TING BIDS CM=o nm ane SeltlnpMoswansonUml SMngs\Temporary Me ReslC IWI.0000K KQFFSFCUM NIB(2).eou NIB-2 • CITY OF SAN JUAN CAPISTRANO INSTRUCTIONS TO BIDDERS FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 Domestic Waterline Improvements E-13 and E-14 INSTRUCTIONS TO BIDDERS P:\09290\139-09290-09007\OomW^pe�sbpec90L81nshuctionsAou I - 1 • Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Specifications and Supplementary Geeral Conditions. (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance 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 cashiers 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 Domestic Waterline Improvements E-13 and E-14 INSTRUCTIONS TO BIDDERS P:\09290\134-09290-09091\Dom%Spere Spac90`A61nsWcGonado= 1 -2 • 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 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 Domestic Waterline Improvements E-13 and E-14 INSTRUCTIONS TO BIDDERS P:109290\134-09290-09001\Doc Specs\Spec901061nstructions.Goac 1 -3 • 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. 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 Califomia,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 SECTION Domestic Waterline Improvements E-13 and E-14 INSTRUCTIONS TO BIDDERS P.-M290\134-09290-03001\Dob Sp mVSpec9006 InsWcbons.d= 1 -4 BID DOCUMENTS Only the following listed documents, identified in the lower right comer 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. • Domestic Waterline Improvements E-13 and E-14 COVER SHEET P909290V34-09290.09001\Dors\Spe \SpecgD\0]Bid Coverd= BID FORMS This is EXHIBIT A, consisting of two pages,referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR • CITY OF SAN JUAN CAPISTRANO PROPOSAL FOR DOMESTIC WATERLINE IMPROVEMENTS E13 AND E-14 (CIP No. 08803) 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: DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 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, et • seq., the undersigned confirms the following as its certification: Domestic Waterline Improvements E-13 and E-14 PROPOSAL PAGE 1 P:�oe2e0�134ne2eo-osoolkoomaSpom�Sa m+ooweBld.dx BID FORMS This is EXHIBIT A, consisting of two pages,referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR • I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: Bidder: By: (Signature) Title: • • Domestic Waterline Improvements E-13 and E-14 PROPOSAL PAGE 2 P:w9290XI a-MM-MDIXo MSpec SPe Il BRd.dm. BID FORMS This is EXHIBIT B, consisting of one page, referred to in and made a part of the AGREEMENT between OWNER and CONTRACTOR. • CITY OF SAN JUAN CAPISTRANO BID SCHEDULE FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) ID Description Estimated Unit Unit Price Extended Quantity Price 1 Mobilization and Preparatory Work 1 LS Cannot exceed 5%of bid items 2-23 2 Traffic Control, Public Convenience, Safety 1 LS 3 Pothole and Report 4 EA 4 Sheeting, Shoring, Bracing 1 LS 5 Construct 10" Line-Stop (Goldenspring&Blue Sail) 2 EA 6 Construct 12" Line-Stop (Coral Reach St.) 1 EA 7 Replace 8" Gate Valve 35 EA 8 Replace 10" Gate Valve 6 EA 9 Replace 12" Gate Valve 4 EA 10 Replace 6" Hydrant Gate Valve 19 EA • 11 Bore and Jack Sta 203+37 to 204+18 1 LS 12 12"AW WA C900 PVC Waterline 2600 LF 13 1"Air Release Assembly 4 EA 14 Blow-Off Assembly 1 EA 15 Utility Overcrossing Per Detail 2 EA 16 Testing and Disinfection 1 LS 17 Connection to Existing at Sta 100+00 1 LS 18 Connection to Existing at Sta 112+21 1 LS 19 Connection to Existing at Sta 188+95 1 LS 20 Connection to Existing at Sta 213+69 1 LS 21 Allowance for Overex and Refill 300 CY 22 Asphalt Removal and Replacement 1 LS 23 Site Cleanup and Restoration 1 LS TOTAL ITEMS 1 THROUGH 23: • Name of Bidder or Firm Domestic Waterline Improvements E-13 and E-14 BID SCHEDULE P1092901l34 290-09001\D .a pen\Sp 100`a9 Bid Sc edulex= PAGE 1 • CITY OF SAN JUAN CAPISTRANO INFORMATION REQUIRED OF BIDDERS LIST OF SUBCONTRACTORS FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) As required under Section 4100, et 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 I 1 i, • 2 3 4 5 • Domestic Waterline Improvements E-13 and E-14 LIST OF SUBCONTRACTORS P:\09290\13A-09290-09001\00m\Spa¢\Spec90\101Jst ofSubs.do BID FORMS • CITY OF SAN JUAN CAPISTRANO NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 • Domestic Waterline Improvements E-13 and E-14 NON-COLLUSION AFFIDAVIT RW29OM40929D MOI\DomVSpec Spe kl1 Non Colluaon.doox BID FORMS • CITY OF SAN JUAN CAPISTRANO BID BOND FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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: DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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) Domestic Waterline Improvements E-13 and E-14 BID BOND (BID SECURITY FORM) P;\09290\134-09290A9D01\D.Ms Sp"¢\Spe M12 aid B" d.d BID FORMS CITY OF SAN JUAN CAPISTRANO BIDDER'S GENERAL INFORMATION FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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): I 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: Domestic Waterline Improvements E-13 and E-14 BIDDERS GENERAL INFORMATION P:1092901134-09290.090011Do \Sp ma Spec90113 Bidder General lnfodmx 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�_) Contract amount Project L_) Date completed 2. Owner Address Contact Class of work Phone ( ) Contract amount Project( ) Date completed 3. Owner Address Contact Class of work Phone�_) Contract amount Project( ) Date completed • 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 11. Is full-time supervisor an employee OR contract services ? P 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. • Domestic Waterline Improvements E-13 and E-14 BIDDERS GENERAL INFORMATION P.M2N%l34-08280-08001\DomsSpe \Spe 0N3BidderGenerallnfo.doex BID FORMS AGREEMENT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and 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. 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 DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP 08803) 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,the City's actual damages resulting from CONTRACTOR'S failure to complete the project in • accordance with the conditions of the Contract Documents; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Contract Documents. Domestic Waterline Improvements E-13 and E-14 AGREEMENT P:\09290\134-09290-09001\Dome Spe %Sp M100\14 CMb ctdw A-1 • 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°16)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 Contract Documents. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required • Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. 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 waves,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. Domestic Waterline Improvements E-13 and E-14 AGREEMENT P:\092901134-09290-09001VD..1Sp MXSPamlO0 14 D ntract.d= A-2 • 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 negligent performance of the obligations under this contract by Contractor. 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 Tbree, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. Domestic Waterline Improvements E-13 and E-14 AGREEMENT a:wszeo Ila 290-0 01NDoo ps tisae.1=14 Donrraa.d. A-3 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: Joe Tait, City Manager • BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: • Omar Sandoval, City Attorney Domestic Waterline Improvements E-13 and E-14 AGREEMENT awazeo��sa-uazea-uswtw is s�sPees�oa�uconaaa.dm A-4 CITY OF SAN JUAN CAPISTRANO WORKERS COMPENSATION CERTIFICATE FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (SPEC No. 08803) (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 Domestic Waterline improvements E-13 and E-14 WORKERS COMPENSATION CERTIFICATE P:\09290\134- 9290-090010o Specs\Spec90\15 Workers Co Ao AGREEMENT AND BONDS • CITY OF SAN JUAN CAPISTRANO PERFORMANCE BOND FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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: • DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 Domestic Waterline Improvements E-13 and E-14 PERFORMANCE BOND P:M290%13409290-OB001\D..s P" Swe MIB P" .m ..B"ntl.dom AGREEMENT AND BONDS • CITY OF SAN JUAN CAPISTRANO PAYMENT BOND FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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: DOMESTIC WATERLINE IMPROVEMENTS E13 AND E-14 • (CIP No. 08803) 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 Domestic Waterline Improvements E-13 and E-14 PAYMENT BOND P:\W2901i34-09290.0 01\D"cslSPer Sp9 c90117 PaymentB d.d. AGREEMENT AND BONDS • 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) • • Domestic Waterline Improvements E-13 and E-14 PAYMENT BOND P:W929Oki34-09290-OgMllDomSmmr pec90117 Payment Bond.do= AGREEMENT AND BONDS CERTIFICATE OF INSURANCE • THIS CERTIFICATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE EGMPANT A B C D TYPE OF WORK PERFORMED A LOCATION POLICY LIMITS OF LIABILITY M THOUSANDS(x1000) TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL LIABILITY RopaY WTC0.v S S Including: ❑ MPLOSpN PNp(pLL E IRDPERTYDAMR6E S E ❑ VNDEROAOUND DAM.IGE u ❑ PROBDCf9/CCM VOfERATIONS 00D6Y.N y ClCGNtHACNALnY;tl0.nNC¢ DwMMRP0.MMBWED ❑ O OPERS s BROPD NM1 PRTY RMAGE ❑ A'DEPQND¢MCOMRA['rORS PBRSONAL WIII0.Y g ❑ MMMWIIIRY COMPREHENSIVE AUTOMOBILE RoDayw y LIABILITY EA.. S locludmg: ❑ 0W EACR ACC. S ❑ smtEo PROPERrc DAMAGE $ • ❑ NON wpEo W ❑ MOTORCARR@R ACT BCD6Y WIIIRY M'UP0.0PE0.TY DAMAGE CgAH@RD S EXCESS LIABILITY 00DB.Y WINtY Including: DAM DaGE0.WMeWED ElEMPI.OY¢RS LIABRJTY $ WORKER'S COMPENSATION sTAnrzoav and EMFLOYER'S LIABILITY locluding: E (¢ACTT ACCmEM) ❑ LGRG sxDReraE.ias AND Rum[ OTHER ADDITIONAL INSURED ENDORSEMENT—CFfY OF SAN JOAN CAPISTRANO The ordmigtced ound1w Det he or she u the repceuntaeve of ft above-named imide.ouropetdes,Uet be a she bas the ad.1,m eauade end Iesuc lltia caouf ue to Cmifiate lokko,and accord'mgly,doa berebycani[ywbehelfofmid'msurmce wmpdes tMt politica ofirumance listW about love baniaeuedto the moored named above end amffrce al lids time. Notwithaunding arty requuernwl,teM or ronditian of mY convect or other document wuh rospect li which this ill borate roeY t the C or roty Hoai r the umaance aRorded by the politica described herew is subject m a the senna,acluswsu,and wvdufns of each policies. Copia of the policies shown will be froiauee m the Certifmrte HOHer upon rryuest. This Certifiate does net ameM,exsevd m ahw the wvmge eRordd by the pohciee listd. C mdla ion: Should my oftle above&e it ed policies be r wlied before the ojuinu fn date thereof,the iseving company will road 30 days written notice m the plow-names ceoirlwe holder. NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY .vnouzm sar�rrxms a naw.wa muuw.wmxo wn+rzE • Domestic Waterline Improvements E-13 and E-14 CERTIFICATE OF INSURANCE P:10B2BOIiM-D9290-oBDOIIDo XSpecssSpep OII 8 Cart 0 Insumnce 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 • Domestic Waterline Improvements E-13 and E-14 INSURANCE ENDORSEMENT—AUTO PEdorsamenl.tl 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 II)is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. • Domestic Waterline Improvements E-13 and E-14 INSURANCE ENDORSEMENT—LIABILITY P:\09290\139-09290.09001\Doo peva\Spec90120 Endome t Comm Gen Liab.d= AGREEMENT AND BONDS CITY OF SAN JUAN CAPISTRANO PART II -CONDITIONS OF THE CONTRACT FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) General Conditions of the Contract Supplementary General Conditions • • Domestic Waterline Improvements E-13 and E-14 CONDITIONS OF THE CONTRACT P:1092901134-09290-09091\Dom\Spem%Spec90@1 Pak 11-Conditlons.do GENERAL CONDITIONS • CITY OF SAN JUAN CAPISTRANO GENERAL CONDITIONS OF THE CONTRACT FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 Liability Insurance........................................................................................... 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 • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:W929M134-09290-MOI\Do¢Spe Spec90121aC dltims of Cmtaado" GENERAL CONDITIONS—PAGE 1 • 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 Conceming Subcontractors, Suppliers, and Others........................................................ 22 6.07 Patent Fees and Royalties............................................................................................... 23 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 • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P.\119290lU-0929 D9fN11\Docs\Specs\Spec9021 a Cmdlfions of Cm cLtlon GENERAL CONDITIONS-PAGE 2 • 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 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 • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:109290\134-092900900110ocs\Sp cs1Spac90\21a Condl4ons dConh ccdocx GENERAL CONDITIONS-PAGE 3 • ARTICLE 17 -CALIFORNIA LEGAL REQUIREMENTS ...............................................................I.......... 50 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 fromCertain 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 • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:109290\134-09280-09001\Dog Spem%Spep90121 a C ndifions of rontreotdo 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-0HD01\Doq\Spocsl5pec9012ta ConMws of Ca"Mda 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. • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P;109290\134-09290-09001\Doc SPac Spec 21 a Condifions eCa cLdmx 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 et 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:1092N0134-0 290-09001U)oc Spea Spec 60218 Conditions of Co th tdmx 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 a1 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—Work 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT Pd09290\13409290-09001\Docs\Sp m\Swc90\21 a Cwdld ns of ContmcLd cz 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 • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P'.W9290\134-W290-p3pJi\Dors\Spew\$pec90\21e ConMUorrs of Cu�tracttlocx GENERAL CONDITIONS—PAGE 9 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 Feld 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 2.05.8, 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- ted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:1M99\134-99299-09991\Do \SMcMSpac99Tia Co itlons of Cwn adocz GENERAL CONDITIONS— PAGE 10 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 • ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT r:M2MIN-0e290 o l\Dom%sp��sPecW�lae „mriwsorcommcLd GENERAL CONDITIONS—PAGE 11 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; • REFERENCE POINTS Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:09290N34-09280-09001\Co %Spe Spa 0210ConditionsOfCwtacUmx GENERAL CONDITIONS—PAGE 12 4.01 Availability of Lands is 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 OWNER'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 • 3. differs materially from that shown or indicated in the Contract Documents; or Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P.\092901134-09290-09001\Doc Sp..Spec90U1e Conditions o Can ad. GENERAL CONDITIONS—PAGE 13 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 • such information or data; and Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P;�D9290klU�290 OBom�D.\Spem\Spec90\21a Ga Ifion.&Contr Ld. GENERAL CONDITIONS— PAGE 14 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: Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:=29WMs 290-oeM100�ZPWMQ18Cw iffwsotcoM�Ldo 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; 40 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 • claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERS, Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:M2eo%iia-MM-oeoMDOMftG PSCW0 1sC dlb ns or Cwtr Udoc GENERAL CONDITIONS— PAGE 16 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.E 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 E=nvironmental 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. • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:�oersm�aa-osteo.asnuno«s�s�cewsPe�eo�x�e ca tfiws*(C , d. 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, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water dam- Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P9092901134-D929O-MOl1DomlSpema SpecOOT1 a Conditlons of Contr adwx GENERAL CONDITIONS— PAGE 18 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 bome 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, • ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplemen- Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P'.M29O»la09290-oeooi%Do AS �kspecDOT1aco Won:dcooneotdocn GENERAL CONDITIONS—PAGE 19 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 OWNER.'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.B 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.B. 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 OW NER'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. • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:ws2em1s4�2 O-MOMDocs�sPe Spec 021s Ce IdensmD "ccdmx 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 specked 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 fumish satisfactory evidence (including reports of required tests) as to the source, kind,and quality of materials and equipment. All materials and • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT rwszsa�taaoezm-osooi�o��s �so�z�Hco�a ,smCo, tdo GENERAL CONDITIONS— PAGE 21 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 • the circumstances. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:%w2eokiaa.os29o-a DIXDa sP me SPecso\21ac«winonsofc«,veccdc GENERAL CONDITIONS— PAGE 22 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 6.05.6. 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 6.05.8 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 6.06.8), 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 date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P C.4t.mc�,vmLd. GENERAL CONDITIONS—PAGE 23 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 • and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P.w92eou34-N2"001NoomkSpec�sps0\21 a coodieons&Cw, ct.do GENERAL CONDITIONS—PAGE 24 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 9 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, employees, agents, and other consultants of each and any of them from and against all claims, costs, Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P-.M2Wl34-09290�M011Do Zpec Spac90l21 a Condifions of Cmkaudoc GENERAL CONDITIONS—PAGE 25 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 perforin 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 • individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:we29OAla09290-0eoonooca�S��pec9O�2ieco 9..ofc."adcx GENERAL CONDITIONS—PAGE 26 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 14.07.6 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 ENGINEEF'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. ail 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; • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT a:wezemiaa-o92eaosoo��oo��s��soamo�z�eco,w�u�sac��.��teo« 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 alt Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:ws2eoI%4a 2sa0�1%D�%s m\Sp wW21acw W�dGENERAL CONDITIONS—PAGE 28 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; i 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. 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:wezgm saos�ooeoono�ssoamo� ec�emo sac��c.a«� GENERAL CONDITIONS—PAGE 29 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 Comm a on unit ti s 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. 8.07 Change Orders • A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:M280kiaa0929o-0900lkD�%S�m�sp�0\21e c�JeonsmCmm .do= GENERAL CONDITIONS— PAGE 30 8.08 Inspections, Tests, and Approvals • A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.6. 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134-09290-09001\Docs\Specs\Spec90121a Ca iEons of Cwnaad= GENERAL CONDITIONS—PAGE 31 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\092N\134-09290-09DOI\Do6\sp�\speegoI21ecandwon:ofcomacLdom GENERAL CONDITIONS—PAGE 32 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 anytime 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. 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT PA092WIMa 290-0001To \S�%S��11 C did. .fc tad. GENERAL CONDITIONS—PAGE 33 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 parry 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 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:092e0%134-osteo-0e001ko m%Sp�ASPeo 218 CoMitions o Cw"ctdom GENERAL CONDITIONS— PAGE 34 C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.8, 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. 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:1D9290\134-0929D-0900110o %Spems Spec80121a C (tons of Cw1mMd= GENERAL CONDITIONS—PAGE 35 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.B. 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 OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P;109290\13409299-0990I\ m\Sp m\.Spec90\21a Cwdtfi R4&CanUact-0ecz GENERAL CONDITIONS— PAGE 36 it 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 losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.05.1)), 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: 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT a:we2emt34-092x -MOI\D=sSpawusPGc9DT1aCa�uonsdc«,trend= GENERAL CONDITIONS—PAGE 37 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 11.01.6. 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 11.01.6, 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- 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. • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:1092MIUS 9290-09001\D.psSpmoSpec90121.Condi9onsofCm"Udo GENERAL CONDITIONS—PAGE 38 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 cost 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 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. • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT a:�0929ONl a 929D.MOlXDwsSs Zs c9O\21aCowmmsmc« ado GENERAL CONDITIONS—PAGE 39 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. 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. • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT v:ws2e0n1U-0e2Ma 001�D��S�m�specg=iaCwftms&Ca audw GENERAL CONDITIONS—PAGE 40 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 11.04B, 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 11.046, 11.04C, and 11.04D, herein including extended overhead and home office 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 • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\09290\134A9290-09001\Docs\Speca\Spec90\21 a CondMons of Cm&acLdo GENERAL CONDITIONS— PAGE 41 Materials 15 percent Equipment 15 percent Subcontracts (1st 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 12.01.13.2, 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT PV9290\13409290.-09001\0ocslSpeca\Spec99\213 Condi9ons dCwh cl.do GENERAL CONDITIONS— PAGE 42 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.B shall be paid as provided in said paragraph 13.04.6; 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 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, Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:we2e0�l3a 09290-00001 oD.�SPe�spe�90¢1e D ndlfi..ofCo t.ctd. GENERAL CONDITIONS—PAGE 43 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P.M2901IM-09290-09MIi Domksoa�sp o�la c dlfims of C � tdwx GENERAL CONDITIONS—PAGE 44 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. It 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 Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones)because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:10929Dk134-09290-MOlk0p %ps Sp.o\219C.p fi.psp C."adop. GENERAL CONDITIONS—PAGE 45 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 OW NER'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 10 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: 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. • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT r:w9290\134-09290-09OOlZ \S,o �cgOO.C.,duon.ec "ad. GENERAL CONDITIONS—PAGE 46 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 Written 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: 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.a through 14.02.B.5.c or paragraph 15.02.A. • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:09290034-oe290-oeaM %S% wWceo laCwdiuons&Cw"rdmx GENERAL CONDITIONS—PAGE 47 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:09290%134-M2N-MO1\D..lSp.c Spa 0\21a Ca ifi.n &Con d.do. GENERAL CONDITIONS— PAGE 48 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 5.03.6.7; (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: (l)the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P.�09290�134-02%-08001�DomaSpersNspea9 isrondRim ofCwtmado= GENERAL CONDITIONS— PAGE 49 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: 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. 8 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 • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:109290\134-09290-09001\Dc \Sp me pec90121aC ndibns dImcLdmx GENERAL CONDITIONS—PAGE 50 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 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: • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:wVW13a 290-o 010omZ"w� c9 iacondibonsmCwrcad� GENERAL CONDITIONS—PAGE 51 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 ail hours worked in excess of 8 hours at not less than 1-1l2 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 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. Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\092901134-09290-090011Dws pe Spec90�1a OmdWo .&CM&aUdtl GENERAL CONDITIONS—PAGE 52 17.07 Unpaid Claims: • A If, at anytime 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:W92emi34- 9290-09001XD�\So .aSp s0121ac.dwon.ofC.r do. GENERAL CONDITIONS—PAGE 53 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 17.11 B(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 17.11 A, 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 record s enumerated under Article 17.11A, 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 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 Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:we2e0�134.o92e0-oeoolk0«\sp�W�MIa ca+mnonsofCon" da GENERAL CONDITIONS—PAGE 54 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 or 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, 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. • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:\002gON34-09290-0900110..XS,cceSpe 021.C.dito .&ConVaad. GENERAL CONDITIONS—PAGE 55 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' • • Domestic Waterline Improvements E-13 and E-14 GENERAL CONDITIONS OF THE CONTRACT P:109290\134-09290990011Do,sVSPara\ C90\21e CMffi..a ComraaU GENERAL CONDITIONS—PAGE 56 CITY OF SAN JUAN CAPISTRANO CONDITIONS OF THE CONTRACT FOR DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) 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 "DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No, 08803)," 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 Genera) 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: 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 Domestic Waterline Improvements E-13 and E-14 SUPPLEMENTAL GENERAL CONDITIONS P:k0929M134-09290-09001\Dw kSpe Zpec90\23 Supper Cond.da PAGE 1 • be performed by subcontract and the amount of any such "Specialty Items"so performed may be deducted from the original total Contract Price before computing the amount of work required to be performed by the Contractor with its own forces.When items of work in the Bid Schedule are preceded by the letter "S," such items are designated as "specialty Items." Where an entire item is subcontracted,the value of the work subcontracted will be based upon the contract item bid price. When a portion of an item is subcontracted, the value of the work subcontracted will be the estimated percentage of the contract item bid price , determined from the information submitted by the Contractor, subject to approval of the Engineer. The 20 percent requirement shall be understood to refer to the Work, the value of which totals not less than the full Contract Price contract price. 6.08 Permits: Add the following paragraphs B, C and D to Article 6.08 of the General Conditions: B Business License and Permits: All permits issued by the Owner shall be obtained by the Contractor, but will be paid by the Owner; provided, that prior to beginning the Work hereunder, the Contractor shall obtain and pay for a City of San Juan Capistrano business license. Except as otherwise provided herein, all permits issued by other agencies and authorities having jurisdiction shall be obtained and paid for by the Contractor. C Building Permits:The Contractor shall obtain all licenses and shall assist in obtaining permits required to perform the Work of this project. The general Building Permit and Plan Check Fee will be paid for by the Owner. Other permit fees, including encroachment fees and electrical, mechanical, and plumbing permit fees will be paid directly by the Owner. No • separate payment therefor will be allowed under the Contract for any of the permits or fees under this Article. D Utility Fees: Utility connection fees, lateral fees, utility structure changes and tariffs, inspection fees, and similar utility-related fees will be paid for directly by the City. Annexation fees, flood control fees, pollution district fees, and similar fees will also be paid by the Owner. No separate payment therefor will be allowed under the Contract for any of the fees under this Article. ARTICLE 11 - PAYMENTS TO CONTRACTOR AND COMPLETION; CHANGE OF CONTRACT PRICE 11.04 Cost of Work (Based on Time, Materials, and Equipment and Contractor's Overhead and Profit). 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. • Domestic Waterline Improvements E-13 and E-14 SUPPLEMENTAL GENERAL CONDITIONS P:1092901131-0 M49001�Sp .kgpe�3 Supp Gen Cp d.d PAGE 2 i • 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: I 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: 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 • Domestic Waterline Improvements E-13 and E-14 SUPPLEMENTAL GENERAL CONDITIONS P:W92W0134-09290-09001\Dora\SPe kSpe O9 23 Supp Gen C nd.ft" PAGE 3 II • CITY OF SAN JUAN CAPISTRANO DOMESTIC WATERLINE IMPROVEMENTS E-13 AND E-14 (CIP No. 08803) PART III -TECHNICAL SPECIFICATIONS • • Domestic Waterline Improvements E-13 and E-14 TECHNICAL SPECIFICATIONS P:M290\134-092 09001 Wo Peca1SPc OM Pert III-Tech SP M&0u SECTION 01100-SUMMARY PART1 -GENERAL 1.1 SUMMARY A. Section Includes: 1. Summary 2. Supplemental Definitions 3. Project Information 4. Subsurface Data 5. Survey, Staking,Lines, Grades and Measurements 6. Permits 7. Service Shutdowns and Public Notifications 8. Work Covered by Contract Documents 9. Sequence of Work, Time for Completion,Liquidated Damages 10. Work Restrictions and Site Constraints 11. Specification and drawing conventions 12. Services During an Emergency 13. Protection and Restoration of Existing Improvements 14. Maintenance and Guarantee • 1.2 SUPPLEMENTAL DEFINITIONS—Whenever the following terms or pronouns occur in these Specifications, the intent and meaning shall be as follows: A. AWWA: American Water Works Association. All references to the specifications, standards or guidelines of AW WA are understood to refer to the version/revision including amendments as of the date of the bid opening. B. Caltrans: State of California Department of Transportation. C. Construct or Install: To furnish all labor,tools, equipment and incidentals, and to execute the Work in accordance with the Contract Documents, complete in place for a fully assembled, functional and operational facility. D. 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 Contractor. E. Contract Documents: Bidding and Contractual Documents and Forms, Conditions of the Contract, Technical Specifications,Drawings, Addenda, Change Orders and Notices. The Greenbook is also part of the Contract Documents to the extent referenced.In the event of a conflict,the order of precedence shall be as defined in Section 2-5.2 of the Greenbook. F. Engineer: The licensed, engineer-of-record who has signed and sealed the engineered portions of the Contract Documents or other responsible entity that has officially assumed responsibility • of the engineered portions of the Contract Documents. Domestic Waterline Improvements E-13 and E-14 SUMMARY P.\09290\734-09290-09001\Do \Speos\Spee100\29 0110 Summ ,do= 01100- 1 G. Greenbook or SSPWC: Standard Specifications for public Works Construction, written and promulgated by Public Works Standards,Inc.,published by BNi Building News, latest edition at the time of bidding. H. Owner or Citv: The City of San Juan Capistrano. I. Owner's Representative: The engineer, consultant,inspector, construction manager or other professional that the City is delegated specific responsibilities. J. Plans or Drawings: That part of the Contract Documents prepared by Engineer, which graphically and/or schematically illustrates the scope, extent and character of the Work to be performed by Contractor. K. Record Drawings: A set of Drawings that is maintained and continuously updated by Contractor to indicate the"as-constructed" state,including all revisions to the original Contract Documents. L. Specifications: That part of the contract documents consisting of narrative technical descriptions of materials, equipment, systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. M. State: The State of California. N. Work: All construction of the various elements required to be constructed under the Contract Documents. Work includes and is the result of performing or providing all labor, services and • documentation necessary to produce such construction required in accordance with the Contract Documents, complete in place for a fully assembled, functional and operational facility. O. Work Area: The area bounded by rights-of-way, easements,property lines and other delineations indicated on the Plans,to which construction activities must be contained. Storage of materials, staging and other miscellaneous work outside of the Work Area is prohibited. If the Work Area is not clearly delineated on the Drawings, then the Owner will define said boundaries in the field. 1.3 PROJECT INFORMATION A. Project Identification: Domestic Waterline Improvements E-13 and E-14 1. Project Location: City of San Juan Capistrano, City of Dana Point B. Owner: City of San Juan Capistrano L Owner's Representative: Joe Mankawich(949)487-4313 C. Engineer. Tetra Tech 1. Engineer's Representative:Neil Barnsdale (949) 809-5168 • Domestic Waterline Improvements E-13 and E-14 SUMMARY P108290l Ua 2WO90010lSpecsl5p 10012501100 Summ ry.do 01100-2 • 1.4 SUBSURFACE DATA A. Contractor's attention is directed to the provisions of Section 2-7 "Subsurface Data" of the Greenbook, which is hereby amended in that a geotechnical report has been prepared specifically for this project entitled "Report of Geotechnical Investigation, Domestic Waterline improvements E-13 and E-14. CIP Project No. 08803, For The City of San Juan Capistrano. California," dated March 19, 2010 by GMU Geotechnical. A copy of the geotechnical report is available for review by bidders at the office of Owner. 1.5 SURVEY, STAKING,LINES, GRADES, AND MEASUREMENTS A. Field survey and construction staking shall be the responsibility of Contractor. Reference lines and grades are shown on the Plans for the proposed improvements. It shall be Contractor's responsibility to have lines and grades surveyed in the field. Contractor shall preserve all benchmarks,monuments, survey marks,and stakes,whether existing/permanent or installed by Contractor for temporary purposes. If a monument is removed or damaged, Contractor shall be liable for the cost of replacement. B. Contractor shall keep Owner informed, 24 hours in advance, of the times and places that Contractor intends to do work,in order that inspection may be made with the minimum of inconvenience to Owner or delay to Contractor. C. Whenever Owner finds it necessary to carry on operations outside of regular working hours or at other times when the work of Contractor is not in progress, Contractor shall furnish all necessary service and assistance. No direct payment shall be made for the cost to Contractor of any work or delay occasioned by making necessary measurements,or by inspections. D. Owner reserves the right to conduct any of its own surveys at Owner's convenience to verify constructed lines and grades. 1.6 PERMITS A. Permits and Licenses to be obtained by Contractor: Contractor is responsible for obtaining all permits and licenses required,and for execution of all work in accordance with all permits and licenses required for construction of the project. Said permits and licenses shall be met solely and fully by Contractor. Proper notification and access requirements to any portion of the work area are the responsibility of Contractor. 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(not necessarily a comprehensive list) the following: 1. City of San Juan Capistrano Encroachment Permit; 2. City of Dana Point Encroachment Permit; 3. County of Orange Flood Control Encroachment Permit. B. Permits and Easements Obtained by Owner: Other than the permits specifically mentioned below,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. In the event of a permit that is obtained by Domestic Waterline Improvements E-13 and E-14 SUMMARY P:k09290k134-09290-09001kDocsk cslSpecs100T501100 Summ ry.do 01100-3 • Owner or Owner's Representative, Contractor shall comply with all rules,regulations, and requirements included in said permits, copies of which have been included as part of these Specifications. 1.7 SERVICE SHUTDOWNS AND PUBLIC NOTIFICATION A. Contractor shall make every effort to minimize water service shutdowns throughout the duration of the project. In the event that a water services must be temporarily taken out of service,the longest period of no service shall be 4 hours. B. 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 subject waterline and informing them of the work to be conducted, and when water service will be turned off. 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. 1.8 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of the Project is defined by the Contract Documents and generally consists of the following: Temporary line-stops,replacement of existing line valves,two pipeline segments (E- 13: 1,221-linear feet; and E-14: 1,369-linear feet) of 12-inch diameter PVC waterline and related work, including protection of existing improvements,trenching,backfilling, compacting, • connections to existing facilities, crossing existing utilities, removal and replacement of pavement, bore and jack operations, valves, air release assemblies, blow-off assembly, pressure testing and disinfection, all in accordance with the Contract Documents. 1.9 SEQUENCE OF WORK, TIME FOR COMPLETION, LIQUIDATED DAMAGES A. Sequence of Work: The Work shall be conducted in the following sequence, with each phase substantially completed before continuing to the next phase. Before commencing Work of each phase, Contractor shall submit an updated construction schedule showing the sequence, commencement and completion dates for all phases of the Work. I. Phase 1: Pothole Points of Connection. Work of this phase shall commence within 14 calendar days after notice to Proceed and be substantially complete within 30 calendar days after notice to Proceed. As Contractor's first order of work, all points of connection to existing facilities shall be potholed and the data shall be submitted to Engineer in accordance with Section 01300. For each point of connection, the following information shall be collected and summarized for Engineer's review: Depth to top,depth to bottom, diameter, material, condition, valve and fitting configuration. After reviewing the pothole information, Engineer will prepare a letter of clarification regarding connections. Substantial completion of this phase consists of adequate pothole data being submitted to Engineer for review. Other shop drawing submittals will not be reviewed until this task is complete. • 2. Phase 2: Submittals. Work of this phase shall commence after substantial completion of the previous phase and shall be substantially completed within 45 calendar days after Domestic Waterline Improvements E-13 and E-14 SUMMARY PMIM G..amy.d. 01100 -4 Notice to Proceed. All submittals shall be provided to Engineer for review in accordance • with Section 01300. Substantial completion of this phase requires that all material and equipment submittals are provided to Engineer for review in accordance with Section 01300. 3. Phase 3: Construct line-stops, Replacement of line and hydrant valves. Work of this phase shall commence after substantial completion of the previous phases and shall be substantially complete and fully operational within 60 calendar days after the Notice to Proceed. For this phase, substantial completion shall include construction of line-stops and removal and replacement of all valves indicated in the Contract Documents, and having all waterlines, valves, hydrants and related facilities placed back in service. All excavations shall be backfilled and temporary pavement will be allowed until final paving is completed. 4. Phase 4: Construction of waterline E-13. Work of this phase shall commence after substantial completion of the previous phases and shall be substantially complete and fully operational within 90 calendar days after the Notice to Proceed. For this phase, substantial completion shall include construction of the entire E-13 pipeline, valves and appurtenances, successful completion of the pressure test and disinfection, and restoration of surface improvements, including fences, curbs and sidewalks, including final cleanup of the E-13 work area. 5. Phase 5: Construction of waterline E-14. Work of this phase shall commence after substantial completion of the previous phases and shall be substantially complete and fully operational within 120 calendar days after the Notice to Proceed. For this phase, • substantial completion shall include construction of the entire E-14 pipeline, valves and appurtenances, successful completion of the pressure test and disinfection, and restoration of surface improvements, including fences, curbs and sidewalks. 6. Phase 6: AC paving, final cleanup and Demobilization. Work of this phase shall commence after substantial completion of the previous phases and shall be substantially complete and fully operational within 150 calendar days after the Notice to Proceed. For this phase, substantial completion shall include all final AC paving, punch lists, site clean-up, final inspection and demobilization, and completion of all contract requirements not previously completed. B. Time for Completion: All Work associated with this contract shall be completed within 150 calendar days from Notice to Proceed. C. Liquidated Damaees: Failure of Contractor to complete the work within the time allowed will result in actual damages being sustained by 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 $500 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 Contractor. 1.10 WORK RESTRICTIONS AND SITE CONSTRAINTS A. General: Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits,as restricted by permits and as indicated by Domestic Waterline Improvements E-13 and E-14 SUMMARY P:109290\134-09290.09001\Doc Sp \Spe 100125 01100 Seim .do 01100-5 requirements of the Contract Documents. Comply with restrictions on construction operations. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction. B. Work Area Limits, Site Access,Material Storage: Work shall be limited to the easements, designated work areas,and public right-of-ways as specified. Contractor is responsible for identifying and obtaining suitable areas for staging as well as material and equipment storage. C. On-Site Work Hours: Work shall be limited to the hours identified in the permits and shall commence no earlier than 7:00 A.M. and shall cease by 4:00 P.M., Monday through Friday.. Work on Saturdays or Sundays is not permitted except for work considered to be an emergency. No work of any nature shall commence before 7:00 A.M. including but not limited to: loading, unloading, starting and moving of construction equipment. D. Overtime Inspection: Costs for overtime inspections shall include any inspection required in excess of 8 hours per day. All costs of inspection and testing performed by Owner or its authorized representatives outside of the authorized work hours on any normal working day,or all Saturdays, Sundays and Holidays,for work by Contractor which is allowed solely for the convenience of Contractor shall be bore by Contractor at the involved agencies standard overtime rates. Current rates may be obtained from the applicable agency. Costs of overtime inspection will be deducted from any monies due or which may become due to Contractor. E. Concurrent Work by Others: During the course of 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. Contractor shall coordinate construction activities • with others and notify affected agencies at least five (5) working days prior to beginning work. Contractor, under this contract shall schedule work and coordinate operations with others so as to minimize conflicts and interference between Contractor's operations and those of other workers, in strict accordance with Section 7-7 of the Greenbook. To the extent possible, Contractor shall schedule work activities to avoid any conflicts with others. Contractor shall cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract or other contracts. No additional compensation will be provided by Owner for coordination with others. F. Site Investigation Contractor shall be responsible for visiting and investigating the site(s) 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 shall be 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. Failure of Contractor to be acquainted with the existing and reasonably anticipated site conditions will not relieve Contractor from the responsibility for properly estimating the difficulty or cost for successfully performing all of the work under the Contract. G. Critical Nature of the Facilities: It is hereby brought to Contractor's attention that the proposed waterlines will connect to existing critical water distribution pipelines that makeup the "backbone" of the City's water distribution system. It is therefore imperative that Contractor maintain continuous operation of the existing facilities at all times throughout the construction of the proposed improvements, other than the scheduled shutdowns that have been approved by • the City. Taking the existing water distribution facilities out of service for even a short period of time could result in loss of water service and fire protection to significant portions of the Domestic Waterline Improvements E-13 and E-14 SUMMARY P:109290\13C-09290-09001\OocaVSpersHSpecs100\25 01100 5urrwmyA 01100-6 • City, which could lead to severe damages to a variety of parties. It shall be Contractor's responsibility to ensure that it has adequate and redundant materials, equipment and labor to complete tie-ins within the specified time-frames. Contractor is liable for any and all damages resulting from Contractor's failure to maintain water service during construction as required by the Contract Documents. 1.11 SPECIFICATION AND DRAWING CONVENTIONS A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions include the following: 1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon(:)is used within a sentence or phrase. 2. Specification requirements are to be performed by Contractor unless specifically stated otherwise. B. Division 1 General Requirements: Requirements of Sections in Division 1 apply to the Work of all Sections in the Specifications. C. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to • identify materials and products: 1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations: Materials and products are identified by abbreviations published as part of the U.S.National CAD Standard and scheduled on Drawings. 3. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual. 1.12 SERVICES DURING AN EMERGENCY A. Contractor shall be obligated to assist Owner in the event of an emergency condition as determined by Owner in accordance with the requirements of this section. B. Contractor shall make available to Owner all mobilized equipment and personnel active on Owner's project and shall provide supervision of such personnel under the direction of Owner in order to perform required work to properly respond to the emergency condition. C. Contractor shall be compensated for such assistance in accordance with Section 3-3 of the Greenbook. • Domestic Waterline Improvements E-13 and E-14 SUMMARY P.M28 lM-09290-08001\Docs%SPs SPe 100\ 501100 Sum q.do 01100-7 1.13 PROTECTION AND RESTORATION OF EXISTING IMPROVEMETNS • A. Contractor shall protect in place or remove and replace existing improvements which may be damaged by Contractor's operations as specified in Section 7-9 of the Greenbook. 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. 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 Owner, unless otherwise shown. 1.14 MAINTENANCE AND GUARANTY A. 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 Contractor. B. Contractor hereby agrees to make at Contractor's own expense any repair or replacement made necessary by defects in materials or workmanship supplied by 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,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. Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from Owner. If Contractor fails to make repairs and replacements within 30 calendar days, Owner may contract with others for performance of the work and Contractor and Contractor's surety shall be liable to Owner for the cost thereof. PART 2-PRODUCTS (Not Used) PART 3 -EXECUTION (Not Used) *END OF SECTION 01100 • Domestic Waterline Improvements E-13 and E-14 SUMMARY P:1092901134-09290.080011D.r SpecalSpe 100\2501100 Sum.ry.dou 01100-8 SECTION 01270—UNIT PRICES,BID ITEMS AND ALLOWANCES • PART 1 -GENERAL 1.1 SUMMARY A. This section describes work that is included under the various bid items, as well as measurement and payment of the bid items. 1.2 BID ITEMS AND QUANTITIES A. Unit prices are the price per unit of measurement for materials,equipment, labor and services for a portion of the Work. Unit prices include all necessary material,plus cost for delivery, installation,insurance, applicable taxes, overhead, and profit. a B. Quantities listed in the Bid Schedule should be considered approximate and representative of the actual quantity of work to be completed. The actual quantities for payment of some bid items will be determined in the field by Owner or Owner's Representative. Quantities can be adjusted by Owner to add to or deduct from the quantity indicated in the Bid Schedule by appropriate modification. • C. The work described in the following bid items is not intended to be a comprehensive description of all required work. The work described is merely a general description of the type of work that would typically be expected to be covered by the given bid item. D. In the case of Lump Sum bid items, the price bid shall be considered the total price for a specific portion of work, regardless of actual quantities. E. Allowances are bid items that may or may or may not be included in the Contract Scope of Work. The actual Allowance quantities are deferred to a later date when direction will be provided to Contractor. An example of an Allowance item is overexcavation,refill and recompaction to develop a competent subgrade,where the quantity for such work will not be known until the time of excavation. Contractor may be directed to complete said work,as shown on the drawings and as described in the Specifications for the unit price bid. The quantity and price indicated for Allowances in the Bid Schedule will be included in contractor's total price bid F. Payment for the various bid items will be made at the Contract unit price bid therefore in the Bid Schedule, in accordance with the Contract Documents. The Contract unit price shall include full compensation for furnishing all labor,tools, equipment, materials and incidentals and for doing all work involved, for which payment is not otherwise provided for under the Contract,and no additional compensation will be allowed therefore. G. In the event of a disagreement between Owner and Contractor over quantities to be considered for payment, Owner will provide documentation from the appropriate third party (Engineer, Inspector, Surveyor or other source) to show how quantities were determined and identified as • Domestic Waterline Improvements E-13 and E-14 UNIT PRICES AND BID ITEMS P:we29M134-09M-MOMDoos\sp.\Sp .10 5otmo umt Pnc s.eom 01270- 1 • eligible for payment. In such cases, Owner shall have the final say as to the quantity for which payment will be based. 1.3 SCHEDULE OF VALUES—After award of contract and before the first application for payment is made,Contractor shall submit a detailed schedule of values to indicate the breakdown of the value of each lump sum bid item in accordance with Section 9-2 "Lump Sum Work"of the Greenbook. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.1 UNIT PRICES AND BID ITEMS A. Bid Item 1: Mobilization and Preparatory Work 1. The price bid for this item shall not exceed 5-percent of the subtotal of bid items 2 through 23. 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. 2. 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. 3. 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. 4. 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. Domestic Wateriine Improvements E-13 and E-14 UNIT PRICES AND BID ITEMS P:\09290\134-09M9 001\Dpc pew\ pem100�2501270 Umt ft"s.dp 01270-2 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. Bid Item 2: Traffic Control,Public Convenience and Safety-The Contract price bid shall include,but not be limited to the cost of preparing traffic control plans for City review and approval,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. C. Bid Item 3: Pothole and Report-The contract price bid shall include,but not be limited to the cost of obtaining necessary permits, securing utility mark-outs,traffic control, excavating to expose points of connection to existing facilities,measuring and documenting horizontal • location, vertical elevation, configuration, condition,material and all other data requested by Engineer,restoration of existing surfaces to the satisfaction of the jurisdictional agency,all in conformance with the Contract Documents. All of the information collected shall be submitted to Engineer for review. Engineer will not review any other submittals until this task is complete and said pothole report is returned to Contractor with clarifications based on actual existing facility locations. D. Bid Item 4: Sheeting, Shoring and Bracing-The contract price bid shall include,but not be limited to the cost of preparation and submittal of sheeting, shoring and bracing or equivalent plans and securing the required permit from the State Division of Industrial Safety and the construction,installation or application of protective procedures,measures and materials required for the safe and effective construction of the Work, all in conformance with the Contract Documents. E. Bid Item 5: Construct 10"Line Ston-The contract price bid shall include, but not be limited to the cost of excavating to expose and prepare the existing 10"diameter waterline, attach fittings, hot tap,temporarily plug line for the duration required by Contractor, then remove plug, reinstate the waterline and backfill excavation,all in conformance with the Contract Documents. F. Bid Item 6: Construct 12"Line Ston-The contract price bid shall include,but not be limited to the cost of excavating to expose and prepare the existing 12"diameter waterline,attach fittings, hot tap,temporarily plug line for the duration required by Contractor, then remove plug, reinstate the waterline and backfill excavation, all in conformance with the Contract Documents. Domestic Waterline Improvements E-13 and E-14 UNIT PRICES AND BID ITEMS P:=290%lU-0e290.wooIID« pem� 1000 25 01270 Unit Pri ,s.a= 01270-3 • G. Bid Item 7: Replace 8" Gate Valve—The contract price bid shall include,but not be limited to the cost of excavating to expose and prepare the existing 8"diameter gate valve(s), coordinate a shutdown with the City, close valves to isolate the work area,remove and dispose of the existing valve,thrust block and fittings,provide and install a new valve of the same diameter, all necessary fittings and adapters, disinfection per AW WA,construct new thrust block, reinstate the waterline, successful completion of leakage test,and then backfill excavation, all in conformance with the Contract Documents, H. Bid Item 8: Replace 10"Gate Valve—The contract price bid shall include,but not be limited to the cost of excavating to expose and prepare the existing 10"diameter gate valve(s),coordinate a shutdown with the City,close valves to isolate the work area,remove and dispose of the existing valve,thrust block and fittings, provide and install a new valve of the same diameter, all necessary fittings and adapters, disinfection per AW WA, construct new thrust block, reinstate the waterline, successful completion of leakage test, and then backfill excavation,all in conformance with the Contract Documents. I. Bid Item 9: Replace 12"Gate Valve—The contract price bid shall include,but not be limited to the cost of excavating to expose and prepare the existing 12"diameter gate valve(s), coordinate a shutdown with the City, close valves to isolate the work area,remove and dispose of the existing valve, thrust block and fittings,provide and install a new valve of the same diameter, all necessary fittings and adapters, disinfection per AW W A,construct new thrust block, reinstate the waterline, successful completion of leakage test, and then backfill excavation, all in conformance with the Contract Documents. J. Bid Item 10: Replace 6"Hydrant Gate Valve—The contract price bid shall include,but not be • limited to the cost of excavating to expose and prepare the existing 6"diameter gate valve(s), coordinate the hydrant shutdown with the City, close valves to isolate the work area, remove and dispose of the existing valve,thrust block and fittings,provide and install a new valve of the same diameter, all necessary fittings and adapters,disinfection per AW WA, construct new thrust block,reinstate the waterline, successful completion of leakage test, and then backfill excavation, all in conformance with the Contract Documents. K. Bid Item 11: Bore and Jack Casing Installation Approx Sta's. 203+37 to 204+18 -The contract price bid is for an installed casing pipe,with welded joints,complete in place by tunneling using jacked steel casing, including by not limited to jacking and receiving pits, shoring plans, permits, end seals, casing spacers and backfilling pits, all in conformance with the Contract Documents. L. Bid Item 12: 12-Inch Diameter AWWA C900 PVC Waterline-The contract price bid shall include,but not be limited to the cost of trenching and excavations,disposal of excess material, bedding,pipeline installation,backfilling and compaction for construction of the new facilities, complete in place, all in conformance with the Contract Documents. M. Bid Item 13: 1-Inch Air-Release Assembly-The contract price bid is for a fully-functional air &vacuum relief valve assembly per City Standard No. W-16, complete in place,including but not be limited to the service saddle, corporation stop,copper tubing,ball valve, valve box, concrete pad,air valve and cover, complete in place, all in conformance with the Contract Documents. • N. Bid Item 14: Blow-Off Assembly-The contract price bid is for a fully-functional blow-off assembly as shown on the Plans and as described in the Specifications,complete in place, Domestic Waterline Improvements E-13 and E-14 UNIT PRICES AND BID ITEMS P:109290\734-09290.08001\Do \Specs\4pecs100i2501270 Unit P css.Eo= 01270-4 • including but not be limited to the flanged outlet, butterfly valve, valve well,box and cover, 6- and 8-inch piping, hose nozzle, ring and cover, complete in place, all in conformance with the Contract Documents. O. Bid Item 15: Utility Over-Crossing-The contract price bid is for a utility over-crossing assembly and related work as shown on the Plans at approximate Stations 111+00 and 212+00, complete in place, including but not be limited to the ductile iron pipe and fittings,joint restraints, linings and coatings,thrust blocks and protection of existing utilities,complete in place, all in conformance with the Contract Documents. P. Bid Item 16: Testing and Disinfection-The contract price bid is for Testing and Disinfection as shown on the Plans and described in the Specifications, including but not be limited to successful hydrostatic testing of the new facilities, chlorination and disinfection of the new facilities prior to connection to the existing system, and successful completion of bacteria tests, all in conformance with the Contract Documents. Q. Bid Item 17: Connection to Existing at Sta 100+00 -The contract price bid is for Connection of the new facilities to the existing water distribution system as shown on the Plans and described in the Specifications, including but not be limited to coordination with Owner, shutdown and draining of existing facilities, adequate excavations,removal and disposal of asbestos-concrete pipe to the nearest joints, installation of necessary valves, fittings,pipe,couplings,thrust blocks, backfill and compaction and related work,all within the specified time constraints,while maintaining a supply of redundant and alternative fittings,couplings and equipment for purposes contingency,oses of redundancy and contin enc all in conformance with the Contract Documents. • R. Bid Item 18: Connection to Existing at Sta 112+21 -The contract price bid is for Connection of the new facilities to the existing water distribution system as shown on the Plans and described in the Specifications, including but not be limited to coordination with Owner, shutdown and draining of existing facilities, adequate excavations,removal and disposal of asbestos-concrete pipe to the nearest joints, installation of necessary valves,fittings,pipe,couplings,thrust blocks, backfill and compaction and related work, all within the specified time constraints,while maintaining a supply of redundant and alternative fittings,couplings and equipment for purposes of redundancy and contingency,all in conformance with the Contract Documents. S. Bid Item 19: Connection to Existing at Sta 199+95 -The contract price bid is for Connection of the new facilities to the existing water distribution system as shown on the Plans and described in the Specifications, including but not be limited to coordination with Owner, shutdown and draining of existing facilities, adequate excavations,removal and disposal of asbestos-concrete pipe to the nearest joints,installation of necessary valves,fittings,pipe,couplings,thrust blocks, backfill and compaction and related work,all within the specified time constraints,while maintaining a supply of redundant and alternative fittings, couplings and equipment for purposes of redundancy and contingency, all in conformance with the Contract Documents. T. Bid Item 20: Connection to Existing at Sta 213+69 - The contract price bid is for Connection of the new facilities to the existing water distribution system as shown on the Plans and described in the Specifications,including but not be limited to coordination with Owner,shutdown and draining of existing facilities, adequate excavations,removal and disposal of interfering segments of asbestos-concrete pipe to the nearest joints, installation of necessary valves, fittings,pipe,couplings,thrust blocks,backfill and compaction and related work, all within the • specified time constraints,while maintaining a supply of redundant and alternative fittings, Domestic Waterline Improvements E-13 and E-14 UNIT PRICES AND BID ITEMS P:109290\134-09290-08001\Docsl3Pecs\9P .IO012501270 Unit Pn...A. c 01270- 5 • couplings and equipment for purposes of redundancy and contingency, all in conformance with the Contract Documents. U. Bid Item 21: Allowance for Overexcavation and Refill for Foundation Stabilization-The contract price bid for Overexcavation and Refill for Foundation Stabilization will be for work deemed necessary by Owner's Representative at the locations indicated in the field,as shown on the Plans and described in the Specifications,including but not limited to additional trench excavation,removal of unsuitable material to competent conditions, installation and compaction of rock refill,compaction,all for the purpose of creating a stable foundation for the new pipeline,all in conformance with the Contract Documents. Due to the nature of this Allowance bid item, the actual contract quantity will be determined at a later date. V. Bid Item 22: Asphalt Removal and Replacement-The contract price bid is for Asphalt Removal and Replacement as shown on the Plans and as described in the Specifications, complete in place, including but not be limited to saw-cutting,removal and disposal of existing asphalt, installation of new base and asphalt-concrete,restriping and painting,all in conformance with the Contract Documents. The limits for asphalt removal and replacement will be from waterline Station 211+75 to Station 213+75, or approximately 200-linear feet of trench. The replacement section of asphalt paving will be 4"AC over 6"AB. The quantity and limits of asphalt replacement will depend on Contractor's trenching and shoring operation. Payment for this item is based on lump sum,regardless of trench width or actual pavement quantity. W. Bid Item 23: Site Cleanup and Restoration-The contract price bid is for Site Cleanup and Restoration as shown on the Plans and described in the Specifications, including but not be • limited to repair of damaged improvements,removal of all dirt and debris from paved areas, repair or replacement of damaged landscaping and irrigation systems,restoration of the entire work-area to its pre-construction condition or better,and completion of all final punch-list items, all in conformance with the Contract Documents. * END OF SECTION 01270 • Domestic Waterline Improvements E-13 and E-14, UNIT PRICES AND BID ITEMS P:N92901134-09290-090011Docs\SpaceGSpsce100�25 01270 UNt Pncss.do 01270-6 • SECTION 01300-CONTRACTOR SUBMITTALS PART 1—GENERAL 1.1 GENERAL A. Wherever called for in the Contract Documents,or where required by Owner,Contractor shall furnish to Engineer for review,each shop drawing submittal. The term"Shop Drawings"as used herein shall be understood to include detail design calculations, shop drawings,fabrication,and installation drawings,erection drawings,list, graphs,catalog sheets,data sheets,and similar items. Whenever the Contractor is required to submit design calculations as part of a submittal,such calculations shall bear the signature and seal of an engineer registered in the appropriate branch and in the state wherein the project is to be built,unless otherwise directed B. The data shown on 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 Contractor proposes to provide and to enable Engineer to review the information for the limited purposes described herein. C. As part of each Shop Drawing submittal, Contractor shall give specific written notice of all proposed substitutions and deviations that the Shop Drawing or sample submitted may have from the requirements of the Contract Documents. Contractor • shall also provide a notation of each such proposed substitutions and variation on each Shop Drawing and sample submitted to Engineer for review and approval. D. 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. 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). The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. E. 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. No portion of the Work requiring a Shop Drawing submittal shall be started until the submittal has been reviewed by and returned to Contractor with a notation indicating that resubmittal is not required. F. 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. 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 Engineer G. Engineer will review the initial submittal of Shop Drawings and sample submission and one resubmittal without cost to Contractor. The cost of Engineer's review of • multiple resubmittals will be billed to Contractor at the hourly rate of$280 per hour. Domestic Waterline Improvements E-13 and E-14 CONTRACTOR SUBMITTALS P:=2e0�134-0e2eo-oe0010om\Ss .�Sv .lo 501300 Sum ftWs.&= 01300-1 • Multiple resubmittal costs as provided to Owner by Engineer, may be deducted from any monies due or which become due to Contractor. 1.2 SUBMITTAL PROCEDURE A. All Contractor shop drawings submittals shall be carefully reviewed by an authorized representative of the Contractor,prior to submission to Engineer. Each submittal shall be dated, signed, and certified by the Contractor, as being correct and in strict conformance with the Contract Documents. No consideration for review by Engineer of any Contractor submittals will be made for any items which have not been so certified by the Contractor. All non-certified submittals will be returned to Contractor without action taken by the Engineer, and any delays caused thereby shall be the total responsibility of Contractor. B. Before submitting each Shop Drawing or sample, 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 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. C. Each Shop Drawing and sample submission shall bear a stamp or specific written indication that 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." D. Contractor shall submit five (5) copies of each Shop Drawing to Engineer for review and approval. E. 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; Domestic Waterline Improvements E-13 and E-14 CONTRACTOR SUBMITTALS P:M2901134-08290-09001%Do 'Specs\Sw.100125013005ubmftWs.d. 01300-2 • 4. Clearly indicate deviations from contract Plans and Specifications. 5. Clearly indicate if Contractor is submitting substitutes or"equal"itmes. 6. Submittals shall be sequentially numbered. F. A sample transmittal cover sheet is attached herein. G. Failure of Contractor to comply with all of the requirements of this section will result in the shop drawings being returned to Contractor marked"REJECTED." 1.3 ENGINEER'S REVIEW A. Except as may otherwise be indicated herein,Engineer will review and return 2 copies of each submittal to Contractor with its comments, within 14 calendar days following their receipt by Engineer. Submittals will be returned to Contractor, designated by one of the following: 1. NO EXCEPTIONS TAKEN -If the drawing is returned to Contractor marked "NO EXCEPTIONS TAKEN' a revision of said drawing will not be required. When the submittal is returned to Contractor under this condition, Contractor may release the equipment and/or material for manufacture. 2. MAKE CORRECTIONS NOTED-If the drawing is returned to Contractor marked "MAKE CORRECTIONS NOTED" a resubmittal of said drawing will not be • required,but Contractor shall comply with the comments and notations provided by Engineer. When the submittal is returned to Contractor under this condition, Contractor may release the equipment and/or material for manufacture; however,all comments and notations must be incorporated into the final product. 3. AMEND AND RESUBMIT -If the drawing is returned to Contractor marked "AMEND 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 Contractor under this condition, Contractor shall revise said Shop Drawing and resubmit five (5)copies of said revised drawing to Engineer. 4. REJECTED-If the drawing is returned to Contractor marked"REJECTED"then the submittal was not properly submitted or it does not meet the intent of the Contract Documents and Contractor shall revise said drawing and shall resubmit five(5)copies of said drawing to Engineer, as in the case of an original submittal. B. Fabrication of an item shall be commenced only after Engineer has reviewed the pertinent submittals and returned copies to the Contractor marked either "NO EXCEPTIONS TAKEN" or"MAKE CORRECTIONS NOTED." Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as the basis for changes to the contract requirements. • Domestic Waterline Improvements E-13 and E-14 CONTRACTOR SUBMITTALS P:109290\134-09290-09001\Doc Spe \Spers100\2501300 SubMUals.do 01300-3 • C. Engineer's review of shop drawings submittals shall not relieve Contractor of the entire responsibility for the correctness of details and dimensions. The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The Contractor shall be responsible for the dimensions and the design of adequate connections and details. 1.4 PROPOSED SUBSTITUTES OR"EQUAL"ITEM SUBMITTAL A. Whenever materials or equipment are specified or described in the contract documents b using the name of a proprietary item or the name of a articular Y g P P �'Y P supplier,the naming of the item is intended to establish the type, function, and quality required. If the name is followed by the words"or equal"indicating that a substitution is permitted, materials or equipment of other Suppliers may be accepted by the Engineer if sufficient information is submitted by the Contractor to allow the Engineer to determine that the material or equipment proposed is equivalent or equal to that named, subject to the following requirements. 1. The burden of proof as to the type, function, and quality of any such substitute material or equipment shall be upon the Contractor. 2. The Engineer will be the sole judge as to the type, function, and quality of any such substitute material or equipment and the Engineer's decision shall be final. • 3. The Engineer may require the Contractor to furnish at the Contractor's expense additional data about the proposed substitute. 4. The Owner may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other surety with respect to any substitute. 5. Acceptance by the Engineer of a substitute item proposed by the Contractor shall not relieve the Contractor of any responsibility for full compliance with the Contract Documents and for adequacy of the substitute item. 6. Contractor shall be responsible for resultant changes and all additional costs which the accepted substitution requires in the Contractor's work, the work of its subcontractors and of other contractors, and shall effect such changes without cost to the Owner. B. The Contractor's application using the"Substitution Request Forms"shall contain the following statements and/or information which shall be considered by the Engineer in evaluating the proposed substitution: 1. The evaluation and acceptance of the proposed substitute will not prejudice the Contractor's achievement of substantial completion on time. 2. Whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adopt the design to the proposed substitute. Domestic Waterline Improvements E-13 and E-14 CONTRACTOR SUBMITTALS P:1092901134-09290-090010o Spems Sp 10012501WO SubmMls.d= 01300-4 • 3. Whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. 4. All variations of the proposed substitute for that specified will be identified. 5. Available maintenance,repair,and replacement service will be indicated. 6. Itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute,including cost of redesign and claims or other contractors affected by the resulting change. 1.5 SAMPLES SUBMITTAL A. Whenever in the Specifications samples are required,the Contractor shall submit not less than 3 samples of each item or material to the Engineer. B. Samples,as required herein,shall be submitted for acceptance a minimum of 21 days prior to ordering such material for delivery to the jobsite, and shall be submitted in any orderly sequence so that dependent materials or equipment can be assembled and reviewed without causing delays in the Work. C. All samples shall be individually and indelibly labeled or tagged, indicating thereon all specified physical characteristics and Manufacturer's name of identification and submitted to the Engineer for acceptance. Upon receiving acceptance of the Engineer, one set of the samples will be stamped and dated by the Engineer and returned to the Contractor,and • one set of samples will be retained by the Engineer, and one set of samples shall remain at the job site until completion of the Work. D. Unless indicated otherwise, all colors and textures of specified items presented in sample submittals shall be from the manufacturer's standard colors and standard materials, products, or equipment lines. 1.6 SHEETING, SHORING,BRACING,OR SLOPING OF TRENCHES PLAN SUBMITTAL Prior to commencement of any excavation, 5 feet or greater in depth,the Contractor shall submit to the Owner a detailed plan showing the design of sheeting, shoring,bracing, sloping, or equivalent method and shall be in receipt of the Owner's acceptance of same, all as specified in Paragraph"Protection of Workers in Trench Excavations"of Section entitled "California State Requirements"of the Supplementary General Conditions. PART 2—PRODUCTS Not Used. PART 3—EXECUTION Not Used. *END OF SECTION 01300 Domestic Waterline Improvements E-13 and E-14 CONTRACTOR SUBMITTALS P:w92e0�134-0e29D.D D11Do %Spem%BS wioDW501300 Sud ftsls.dom 01300-5 • SECTION 01310-PROJECT MANAGEMENT AND COORDINATION PART 1 -GENERAL 1.1 SUMMARY A. Section includes administrative provisions for coordinating construction operations on Project including,but not limited to,the following: 1. Summary; 2. Contractor's Emergency Contact; 3. Requests for Information(RFIs); 4. Project Meetings. 1.2 CONTRACTOR'S EMERGENCY CONTACT A. At the Pre-Construction meeting, Contractor shall identify and provide contact information for Contractor's 24-hour emergency contact. Arrangements shall be made by Contractor to insure • that a response, in person or by telephone, by a duly authorized and competent representative of Contractor, will be made within one hour of any emergency call made by Owner to the telephone number provided by Contractor during any hour of the day or night. If Contractor is unable to respond to an emergency call, Owner may take any necessary actions to remedy the emergency conditions, at Contractor's expense, in all cases where Contractor is obligated or responsible under these conditions. 1.3 REQUESTS FOR INFORMATION(RFIs) A. RFI definition: Request from Contractor,Owner or Engineer seeking information required by or clarifications of the Contract Documents. B. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents,Contractor shall prepare and submit an RFI to Engineer on the form specified. C. Content of the RFI: Include a detailed,legible description of item needing information or interpretation and the following: 1. Project name. 2. Project number. 3. Date. • 4. Name of Contractor. Domestic Waterline Improvements E-13 and E-14 PROJ MGT AND COORDINATION P:1092901l M0 09280-09001kD M'5p.c9 S en100125 01310 PM aM Covrtdax 01310- 1 • 5. Name of Engineer 6. RFI number,numbered sequentially. 7. RFI subject. 8. Specification Section number and title and related paragraphs, as appropriate. 9. Drawing number and detail references, as appropriate. 10. Field dimensions and conditions, as appropriate. 11. Contractor's suggested resolution. If Contractor's solution(s) impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 12. Contractor's signature. 13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings,coordination drawings, and other information necessary to fully describe items needing interpretation. D. RFI Forms: Software-generated form with substantially the same content as indicated above, acceptable to Engineer. • E. Engineer's Action: Engineer will review each RFI, determine action required, and respond. Allow seven (7) calendar days for Engineer's response for each RFL RFIs received by Engineer after 1:00 p.m. will be considered as received the following working day. 1. The following RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. C. Requests for coordination information already indicated in the Contract Documents. d. Requests for adjustments in the Contract Time or the Contract Sum. e. Requests for interpretation of Architect's actions on submittals. f. Incomplete RFIs or inaccurately prepared RFIs. 2. Engineer's action may include a request for additional information, in which case Engineer's time for response will date from time of receipt of additional information. 3. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Engineer in writing within seven (7) calendar days of receipt of the RFI response. F. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log with each request for progress payment. Use CSI Log Form 13.2B or similar. Log must include the following information: 1. Project name. Domestic Waterline Improvements E-13 and E-14 PROJ MGT AND COORDINATION P:1092901134-08280.09001\Da %SpecsVSp 1=25 01310 PM end 01310-2 • 2. Name and address of Contractor. 3. Name and address of Engineer. 4. RFI number including RFIs that were dropped and not submitted. 5. RFI description. 6. Date the RFI was submitted. 7. Date Engineer's response was received. G. On receipt of Engineer's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Engineer within seven (7) calendar days if Contractor disagrees with response. 1.4 PROJECT MEETINGS A. General: Contractor shall schedule and conduct meetings and conferences at Project site unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Engineer of scheduled • meeting dates and times. 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Entity responsible for conducting meeting will record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner and Engineer,within two (2)days of the meeting. B. Preconstruction Conference: Contractor will schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Engineer, but no later than fourteen(14)calendar days after execution of the Agreement. 1. Attendees: Authorized representatives of Owner, Engineer, and their consultants; Contractor and its superintendent;major subcontractors; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Discuss items of significance that could affect progress, including the following: a. Tentative construction schedule. b. Phasing. C. Critical work sequencing and long-lead items. d. Designation of Contractor's emergency 24-Hour contact. • e. Designation of key personnel and their duties. f. Procedures for processing field decisions and Change Orders. Domestic Waterline Improvements E-13 and E-14 PROJ MGT AND COORDINATION P:M2N013408290-09001\Docs\SpecASpec IOMS 01310 PM and Co do« 01310-3 • g. Procedures for RFIs. h. Procedures for testing and inspecting. i. Procedures for processing Applications for Payment. j. Distribution of the Contract Documents. k. Submittal procedures. 1. Preparation of record documents. in. Use of the premises n. Work restrictions. o. Working hours. p. Responsibility for temporary facilities and controls. q. Procedures for disruptions and shutdowns. r. Construction waste management and recycling. S. Parking availability. t. Office, work,and storage areas. U. Progress cleaning. 3. Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes. C. Progress Meetings: Conduct progress meetings at weekly intervals. 1. Attendees: In addition to representatives of Owner and Engineer, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to • conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine bow construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Review schedule for next period. b. Review present and future needs of each entity present,including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. • 7) Site utilization. 8) Temporary facilities and controls. Domestic Waterline Improvements E-13 and E-14 PROJ MGT AND COORDINATION P1092WIU-08290-09001\Do Spac pe 10012501310 PM as Coa &L 01310-4 9) Progress cleaning. • 10) Quality and work standards. 11) Status of correction of deficient items. 12) Field observations. 13) Status of RFIs. 14) Status of proposal requests. 15) Pending changes. 16) Status of Change Orders. 17) Pending claims and disputes. 18) Documentation of information for payment requests. 3. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each parry present and to parties requiring information. a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. PART 2-PRODUCTS (Not Used) PART 3 -EXECUTION(Not Used) • * END OF SECTION 01310 • Domestic Waterline Improvements E-13 and E-14 PROJ MGT AND COORDINATION P:10929D\134-09280-090011Do.\Spe Sp 1MQS 01310 PM and Coo &m 01310-5 • SECTION 01320- CONSTRUCTION SCHEDULE AND UPDATES PART 1 - GENERAL 1.1 SUMMARY A. This section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1. Contractor's construction schedule. 2. Construction schedule updating. 1.2 DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling,monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. Critical Activity: An activity on the critical path that must start and finish on the planned early start and finish times. 2. Predecessor Activity: An activity that precedes another activity in the network. • 3. Successor Activity: An activity that follows another activity in the network. I B. CPM. Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of Project. C. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float. D. Float: The measure of leeway in starting and completing an activity. 1.3 INFORMATIONAL SUBMITTALS A. Format for Submittals: Submit required submittals in the following format: 1. PDF electronic file—one(1)copy. 2. Paper copies — four (4) copies, of size required to display entire schedule for entire construction period. • Domestic Waterline Improvements E-13 and E-14 CONSTRUCTION SCHEDULE AND UPDATES P:M290134- 2e ODOOI�D.\S, ..S,a IW\2S 01320 c w Sched.docx 01320- 1 PART 2 -PRODUCTS • 2.1 CONTRACTOR'S CONSTRUCTION SCHEDULE,GENERAL A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of final completion. Contract completion date shall not be changed by submission of a schedule that shows an early completion date,unless specifically authorized by Change Order. B. Initial Schedule: Within fourteen(14)calendar days after execution of the contract, Contractor shall submit to Owner for review, a progress schedule showing the order in which 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 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 Owner may readily evaluate 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 Owner in the evaluation of partial estimates and subsequent partial payments. C. 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. D. Schedule Updates: Contractor shall maintain an updated schedule at all times. An updated schedule is required with each request for progress payment. When so requested by Owner, an updated schedule shall be forwarded to 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. Owner's receipt and acceptance of the updated schedule shall be a condition precedent to the issuance of any portion of progress payments. E. Schedule Changes Directed by Owner: In the event that 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 Owner,the work is being inadequately or improperly prosecuted in any respect, Owner may demand that Contractor submit new schedules and improve or change the prosecution of the work in such manner as to assure proper and timely execution. Owner's receipt and acceptance of the updated schedule shall be a condition precedent to the issuance of any portion of progress payments. PART 3 -EXECUTION(NOT USED) * END OF SECTION 01320 • Domestic Waterline Improvements E-13 and E-14 CONSTRUCTION SCHEDULE AND UPDATES P:N0929D�1U-09290-0909I�Doos Ss mwS9 m,oa25 01320 cost Sched.docx 01320-2 • SECTION 01500-TEMPORARY FACILITIES PART 1 -GENERAL 1.1 SUMMARY A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities. B. Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. 1.2 TEMPORARY FACILITIES AND USE CHARGES A. General: Installation and removal of and use charges for temporary facilities shall be included in the Contract Price Bid unless otherwise indicated. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Owner, Owner Representatives and authorities having jurisdiction. B. Temporary Water Service: 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. Contractor shall pay for water required for pressure and disinfection retests. C. Temporary Electric Power Service: 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. 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. Comply with NECA,NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. D. Temporary Sanitation: 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. 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. Contractor shall furnish all the facilities and means for the proper sanitation of the Work and shall hold harmless the Owner and Owner Representatives, from any liability resulting from improper or insufficient sanitation measures. Domestic Waterline Improvements E-13 and E-14 TEMPORARY FACILITIES P:\092901134-D9290-09001\DocalSpe�s\SpeCS1O012S 01600 Temp Fac ftes.doc 01500- 1 E. Temporary Lighting: Work performed under conditions of deficient daylight shall be suitably • lighted to assure proper work and to afford adequate facilities for inspection and safe working conditions. PART 2 -PRODUCTS (NOT USED) PART 3 -EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with the public and performance of the Work. Relocate and modify facilities as required by progress of the Work. B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 DISPOSAL OF COSTRUCTION WASTE AND EXCESS MATERIAL A. Excess materials or excavated soil material shall be removed and disposed of by Contractor off the project site at Contractor's expense. Excess soil material shall be routed and disposed of in • accordance with all applicable regulations. 3.3 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 visible dust or dust that causes a nuisance to persons living nearby or occupying buildings in the vicinity of the Work. D. Dry materials and rubbish shall be wet down and maintained as such to prevent blowing dust or other pollutants. 3.4 OPERATION,TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. • Domestic Waterline Improvements E-13 and E-14 TEMPORARY FACILITIES P:09290\134-09290-09001\Doas\Speoe\Sp 100\2501500 Temp Fadllte .do 01500-2 C. Termination and Removal: Remove each temporary facility when need for its service has • ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces,and replace construction that cannot be satisfactorily repaired. *END OF SECTION 01500 • • Domestic Waterline Improvements E-13 and E-14 TEMPORARY FACILITIES P909290\134-0 290-OBOotM.o Spew'kSp .IW501 NO Tert Fadlin.sA 01500- 3 • SECTION 01781 —RECORD DRAWINGS PART1 -GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for project ("As-Built") Record Drawings. PART 2-PRODUCTS 2.1 RECORD DRAWINGS A. General: Contractor shall provide and maintain a complete and accurate set of Record Drawings. Such Drawings shall be updated by 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. 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. • B. Record Prints: Maintain one set of marked-up paper copies of the Contract Drawings incorporating new and revised drawings as modifications are issued. 1. Preparation: Mark record prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor,or similar entity, to provide information for preparation of corresponding marked-up record prints. a. Accurately record information in an acceptable drawing technique. b. Record data as soon as possible after obtaining it. C. Record and check the markup before enclosing concealed installations. 2. Content: Types of items requiring marking include,but are not limited to,the following: a. Dimensional changes to Drawings. b. Materials installed, including manufacturer and model. C. Revisions to details shown on Drawings. d. Depths of installations. • e. Locations and depths of underground utilities. Domestic Waterline Improvements E-13 and E-14 RECORD DRAWINGS P:1002N\134-0928D.MOl\Dome pers\Specs100\2501781 Rec Dmwings. om 01781 - 1 f. Revisions to routing of piping and conduits. • g. Actual equipment locations. h. Changes made by Change Order or Change Directive. i. Changes made following Engineer's written orders. j. Details not on the original Contract Drawings. k. Record information on the Work that is shown only schematically. 3. Mark the Contract Drawings completely and accurately. Use personnel proficient at recording graphic information in production of marked-up record prints. 4. Mark record sets with red-colored pen or pencil. 5. Mark important additional information that was either shown schematically or omitted from original Drawings. 6. Note Construction Change Directive numbers, alternate numbers,Change Order numbers, and similar identification,where applicable. PART 3 -EXECUTION • 3.1 RECORDING AND MAINTENANCE A. Post changes and revisions to project record documents as they occur; do not wait until end of Proj ect. B. Maintenance of Record Documents and Samples: Store record documents in the field office apart from the Contract Documents used for construction. Do not use project record documents for construction purposes. Maintain record documents in good order and in a clean, dry, legible condition,protected from deterioration and loss. Provide access to project record documents for Owner's or Engineer's reference during normal working hours. C. Owner's receipt and acceptance of the Record Drawings is a condition precedent to the release of the retention/final payment. *END OF SECTION 01781 • Domestic Waterline Improvements E-13 and E-14 RECORD DRAWINGS P'M2901134-0 29D-ODD011Doce18pe %Spe l W1 25 01781 Record Drewings.dom 01781 -2 • SECTION 02223—TRENCHING,BACKFILLING AND COMPACTING PARTI -GENERAL 1.1 GENERAL - This section describes materials, testing, and performance of trench excavation, backfilling and compacting. 1.2 PROTECTION OF EXISTING UTILITIES AND FACILITIES A. General:-The Contractor shall be responsible for the care and protection of all existing sewer pipelines, water pipelines, gas mains, storm drains, culverts, or other facilities and structures that may be encountered in or near the area of work. B. Notification: It shall be the duty of the Contractor to notify each agency of jurisdiction and make arrangements for locating each agency's facilities prior to beginning construction. C. Damage: In the event of damage to any existing facilities during the progress of the work due to the failure of the Contractor to exercise the proper precautions, the Contractor shall be responsible for the cost of all repairs and protection to said facilities. The Contractor's work may be stopped until repair operations are complete. • 1.3 PROTECTION OF LANDSCAPING A. General: The Contractor shall be responsible for the protection of all trees, shrubs, fences, and other landscape items adjacent to or within the work area, unless directed otherwise on the plans. In the event of damage to landscape items, the Contractor shall replace the damaged items in a manner satisfactory to Owner. B. Restoration: After the completion of work in planted or improved areas within public or private easements, the Contractor shall restore such areas to original condition. Restoration shall include regrading,placement of 5-inches of topsoil,reseeding, and replacement of landscaping. 1.4 DEFINITION OF ZONES A. Pavement Zone: The pavement zone shall include the asphaltic concrete and aggregate base pavement section placed above the trench zone. This zone is commonly referred to as the "structural section" of the street or highway. The pavement zone section shall be as shown on the Drawings and as required in the applicable permit(s). B. Trench Zone: The trench zone extends the full-width of the trench and is bounded by a horizontal level 12-inches above the top of the pipe to the pavement zone in paved areas or to the existing surface in unpaved areas. C. Pine Zone: The pipe zone extends the full-width of the trench and is bounded by the bottom of • the pipe to horizontal level 12-inches above the top of the pipe. Where multiple pipes or Domestic Waterline Improvements E-13 and E-14 TRENCHING, BACKFILLING AND COMPACTING P.�0290�1 -09290.0900lkD��sv�\So�1o0�2502223TmmmeBeowmn®.do. 02223-1 • conduits are placed in the same trench, the pipe zone shall extend from the bottom of the lowest pipes to horizontal level 12-incbes above the top of the highest pipe. D. Pipe Base: The pipe base extends the full-width of the trench and is bounded by the bottom of the pipe and extending below the pipe 4-to 6-inches,as indicated on the Drawings. 1.5 TESTING FOR COMPACTION A. Methods: The density of soil shall be determined in place by the sand cone method, ASTM D 1556, or by the nuclear method, ASTM D 2922 or D 3017. Materials testing will be conducted by the Owner. B. Soil Moisture-Density Relations: The laboratory moisture-density relations of soils shall be determined per ASTM D 1557. C. Cohesionless Materials: The relative density of cohesionless materials shall be determined by ASTM D 4253 and D 4254. D. Sampling: Backfill materials shall be sampled per ASTM D 75. E. Relative Compaction: 'Relative compaction" shall be expressed as the ratio, expressed as a percentage,of the in place dry density to the laboratory maximum dry density. F. Compaction Compliance: Compaction shall be deemed to comply with the specifications when none of the tests falls below the specified relative compaction. Although testing will be done by the Owner,the Contractor shall notify the Owner 24-hours in advance of when backfill lifts will be ready for testing. G. Testine Intervals: Unless noted otherwise, compaction tests shall be performed at random depths and at 200-foot intervals (maximum),and as directed by the Owner. H. The presence of marginal materials, poor soil conditions or a prevalence of failed test results will be cause for substantially increasing the frequency and intervals of required testing. Contractor shall pay the costs of any retesting of work not conforming to the specifications. PART 2-MATERIALS 2.1 Pavement Zone - Pavement zone materials shall be as specified in the Drawings and other related sections of these Specifications. 2.2 Trench Zone - Native or imported backfill shall be excavated, fine-grained non-organic materials free from peat, roots, debris, and rocks larger than 3-inches, and which can be compacted to the specified relative compaction. 2.3 Pipe Zone and Pipe Base- Unless otherwise specified or shown on the plans, the pipe base and pipe zone and pipe base backfill material shall be: A. Imported sand of a gradation and composition as specified herein, or • B. 3!4-inch crushed aggregate base rock,or Domestic Waterline Improvements E-13 and E-14 TRENCHING, BACKFILLING AND COMPACTING P:�D9291N'IJ4-09290-09081\Dors�Spers\SPa¢100�2502223 T.Chi.g Becht g.d. 02223-2 C. Crushed miscellaneous of a gradation and composition as specified herein,or • D. Imported Sand for Pipe Zone and Pipe Base conform to the Greenbook, Section 200-1.5.1 and shall meet the following gradation: Imported Sand Gradation for Pipe Zone and Pipe Base Sieve Size Percent Passing by Weight 3/8-inch 100 No.4 75 - 100 No. 30 12 -50 • No. 100 2 -20 No. 200 0 - 11 E. Minimum sand equivalent shall be 30 for natural imported material and shall be 40 for screened recycled materials per ASTM D 2419. 2.4 Crushed Rock for Pipe Zone and Pine Base shall be crushed aggregate base material and shall conform to the Greenbook, Section 200-1.2 and shall meet the following gradations: Crushed Rock Gradation for Pipe Zone and Pipe Base Sieve Size 1 '/2-inch 1-inch %-inch 3/8-inch 2-inches 100 - 1 '/2-inches 90-100 100 Domestic Waterline Improvements E-13 and E-14 TRENCHING,BACKFILLING AND COMPACTING P:10929MI34-09290-090071D=Zpau Smo1DM25 02223 Trenching Beckfilling.doc 02223-3 • 1-inch 20-55 90- 100 100 '/4-inch 0- 15 30-60 90- 100 - '/2-inch - 0-20 30-60 100 3/8-inch 0-5 - 0-20 90— 100 No.4 - 0-5 0-5 30-60 No. 8 - 0- 10 A. Crushed aggregate base materials used for pipe bedding shall be 3/4 - inch unless otherwise called for by the project plans and specifications or as directed by the Owner. B. Crushed miscellaneous base materials may be substituted for crushed aggregate base materials. In such cases, materials shall conform to the requirements of the Greenbook, Section 200-2.4, except that gradation of the materials shall still comply with the percentages by weight on the • table above. 2.5 Refill Material for Foundation Stabilization A. Refill material below the pipe shall be either material conforming to the '/2-inch size requirement for gravel or crushed rock, or naturally occurring rock having the following gradation: Refill Material Gradation for Foundation Stabilization Sieve Size Percent Passing by Weight 3-inches 100 1 '/2-inches 70- 100 • '/4-inch 60- 100 Domestic Waterline Improvements E-13 and E-14 TRENCHING, BACKFILLING AND COMPACTING P.M290\13 -09290-09001U)=Spec Speca10012502223Trenching Bacidiing.Encz 02223-4 • No. 4 5-55 No. 30 0-30 No. 200 0 - 10 2.6 Sand-Cement Slurry Refill Material for Foundation Stabilization in Pipe Base & Pipe Zone — When called for, sand-cement slurry shall consist of one sack (94 pounds) of Portland cement per cubic yard of sand and sufficient moisture for workability. 2.7 Water for Compaction-Water used in compaction shall have a maximum chloride concentration of 500 mg/L, a maximum sulfate concentration of 500 mg/L, and shall have a pH of 7.0 to 9.0.Water shall be free of acid, alkali,or organic materials injurious to the pipe coatings or the environment. PART 3-EXECUTION • 3.1 Comoaction Requirements-Unless otherwise shown on the drawings or otherwise described in the specifications for the particular type of pipe installed, relative compaction in pipe trenches shall be as follows: A. Material Testing: All imported or native materials shall be tested before the start of compaction operations to determine the moisture density relationship for materials with cohesive components, and the maximum density for cohesionless materials. Variations in imported or native earth materials may require a number of base curves of the moisture-density relationship. Contractor shall take this testing requirement into consideration when scheduling project work. B. Trench Zone: Backfill in trench zone greater than 18 inches below the pavement zone shall be compacted to not less than 90% relative compaction. Backfill less than or equal to 18 inches below the pavement zone shall be compacted to not less than 95%relative compaction. C. Pipe Base and Pipe Zone: Materials placed as pipe bedding material in the pipe base and pipe zone shall be consolidated to 90% relative optimum compaction. Note that 95% relative optimum compaction shall be required in additional specific areas called for on the Drawings. D. Foundation Stabilization: Rock refill material for foundation stabilization, where required shall be placed and consolidated to 90%relative optimum density. E. Over-excavation: Rock refill for over-excavation shall be placed and consolidated to 90% relative optimum density. 3.2 Material Replacement - Trenching and backfilling material, which does not meet the • specifications, shall be removed and replaced at no additional expense to the City. Domestic Waterline Improvements E-13 and E-14 TRENCHING, BACKFILLING AND COMPACTING P:09290\134-0929D-09001\Doc SPm\SpemlW\2502223Trenching Bacduing.do 02223-5 3.3 Sheeting Shoring and Bracing of Trenches - Trenches shall have sheeting, shoring and bracing conforming to CAL/OSHA requirements and General Provisions. Lateral pressures for design of trench sheeting, shoring, and bracing shall be based on type of soil exposed in the trench, groundwater conditions, surcharge loads adjacent to the trench, and type of shoring that will be used in the trench. 3.4 Sidewalk. Pavement and Curb Removal- Bituminous and concrete pavements regardless of the thickness and curbs and sidewalks shall be cut prior to excavation of the trenches in accord with Section 02578, Pavement Removal and Replacement. Pavement and concrete materials shall be removed from the site and shall not be used for trench backfill. 3.5 Trench Widths A. Trench Width Limits: Unless shown otherwise on the drawings, trench widths in the pipe zone shall be as shown on the Drawings. Trench width at the top of the trench shall not be limited except where width of excavation would undercut adjacent structures and footings. In such cases, width of trench shall be such that there is at least 18-inches between the top edge of the trench and the structure or footing. B. Excavation and trenching shall be true to line so that a clear space is provided in the pipe zone on each side of the largest outside diameter of the pipe. The largest outside diameter shall be the outside diameter of the bell on bell and spigot pipe. C. Over-width Trench: Where the trench width in the pipe zone, is wider than the maximum set forth above, the trench area around the pipe shall be backfilled in accord with the directive of the Engineer and at the discretion of the City Representative. 3.6 Grade: Trenches shall be excavated to the lines and grades shown on the drawings with allowance for the thickness of the pipe and for pipe base. If the trench is excavated below the required grade, the portion of the trench excavated below the grade shall be refilled with refill material at no additional cost to the City. Refill material shall be placed over the full width of trench in compacted layers not exceeding 6-inches deep to the required grade with allowance for the pipe base. Hard spots that would prevent a uniform thickness of pipe base shall be removed. Before laying pipe sections, the grade shall be checked and any irregularities corrected. The trench bottom shall form a continuous and uniform bearing and support for the pipe at every point. 3.7 Pine Base Thickness - Thickness of the pipe base shall be as shown on the drawings or as otherwise described in the specifications for the particular type of pipe installed,but in no cases shall the thickness be less than 4-inches. 3.8 Dewatering A. Means and Devices: Suitable means and devices shall be provided and maintained to continuously remove and dispose of all water entering the trench excavation during the time the trench is being prepared for the pipe laying, during the laying of the pipe, and until the backfill at the pipe zone has been completed. Water shall be disposed of in a manner to prevent damage to adjacent property. Trench water shall not be drained through the pipeline under construction. Groundwater shall not be allowed to rise around the pipe until jointing compound has firmly set. • Domestic Waterline Improvements E-13 and E-14 TRENCHING, BACKFILLING AND COMPACTING P.W290\134-08290-090011Do Zpecs\SpeceIWTIS 02223 Trenching BadNlling.cm 02223-6 B. Notification:_The City shall be notified 48 hours prior to commencement of dewatering. • Methods employed shall be in conformance with the City's existing NPDES permit. For contracts between City and Contractor, a copy of the permit is included in the Appendix of the Specifications. 3.9 Storage of Excavated Material - During trench excavation, excavated material shall be stored only within the working area. Roadways or streets shall not be obstructed. The safe loading of trenches with excavated material shall conform to federal, state, and local codes. 3.10 Length of Open Trench - The length of open trench shall be limited to 600 feet in advance of pipe laying or amount off pipe installed in one working day. Backfilling and temporary or first layer paving shall be completed so that not more than 500 feet of trench is open in the rear of pipe laying. Sidewalks, driveways and other traveled ways shall be backfilled or adequately bridged to provide safe access and egress at the completion of each day's work. 3.11 Foundation Stabilization - After the required excavation has been completed, the City Representative shall inspect the exposed trench subgrade to determine the need for any additional excavation. It is the intent that additional excavation shall be conducted in all areas within the influence of the pipeline where unacceptable materials exist at the exposed subgrade. Overexcavation shall include the removal of all such unacceptable material that exists directly beneath the pipe base and to the depth required. The presence of unacceptable material may require excavating a wider trench. The width and depth of known areas to be overexcavated shall be shown on the drawings. The overexcavated portion of the trench shall be backfilled to the subgrade of the pipe base with refill material for foundation stabilization. Foundation stabilization material shall be placed over the full width of the excavation and compacted in • layers not exceeding 6-inches in depth,to the required grade. 3.12 Trench Backfilling and Compaction A. General: Trench backfill shall conform to requirements of the detailed piping specification for the particular type of pipe and following. B. Pipe Base: The specified thickness of pipe base material shall be placed over the full width of trench. The top of the pipe base shall be graded ahead of the pipe laying to provide firm, uniform support along the full length of pipe. C. Bell Holes: Bell holes shall be excavated at each joint to permit proper assembly and inspection of the entire joint. D. Pie Zone: After the pipe has been bedded,pipe zone material shall be placed simultaneously on both sides of the pipe,keeping the level of backfill the same on each side.Material shall be carefully placed around the pipe so that the pipe barrel is completely supported and that no voids or uncompacted areas are left beneath the pipe. Particular care shall be taken in placing material on the underside of the pipe to prevent lateral movement during subsequent backfilling. Material placed within the pipe zone shall be compacted by hand tamping only. E. Trench Zone: Backfill material shall be carefully deposited onto the backfill previously placed in the pipe zone. Free fall of the material shall not be permitted until at least 2 feet of cover is provided over the top of the pipe. Sharp,heavy pieces of material shall not be dropped directly • onto the pipe or the tamped material around the pipe. Domestic Waterline Improvements E-13 and E-14 TRENCHING, BACKFILLING AND COMPACTING P-.NM29M134-09290-09001kDoc SpeceVSp 100\25 02223 benching Bad ingAm 02223-7 F. Trench Backfill: Trench backfill shall be compacted to the specified relative compaction. • Compaction shall be performed by using mechanical compaction or hand tamping equipment. Unless specified otherwise, consolidation by jetting or flooding shall not be permitted. High impact hammer-type equipment shall not be used except where the pipe manufacturer warrants in writing that such use will not damage the pipe. G. Equipment: Axle-driven or tractor-drawn compaction equipment shall not be used within 5 feet of walls and structures. H. Street Zone Backfill: Street zone backfill shall be done in accord with the requirements and to the satisfaction of the County or City agency having jurisdiction. 3.13 Import or Export of Backfill Material A. Excess Material: Excess excavated soil material shall be removed and disposed of off the project site at no additional expense to the City. Excess soil material shall be disposed of in accord with local regulations. B. Imported Material_Any additional backfill material necessary to return all grades to plus or minus 0.2 feet from the grade encountered at the beginning of construction or as shown on the contract drawings shall be imported,placed, and compacted at no additional expense to the City. 3.14 Moisture Content of Backfill Material -During the compacting operations, optimum practicable moisture content required for compaction purposes shall be maintained in each lift of the • backfill material. Moisture content throughout the lift shall be maintained at a uniform level. If placement is discontinued and proper moisture content not maintained, the upper layer shall be brought back to proper moisture content by sprinkling, cultivating and rolling the backfill material before placing new material. At the time of compaction, the water content of the material shall be at optimum water content plus or minus two percentage points. Material which contains excessive moisture shall not be worked to obtain the required compaction. Material having excessive moisture content may be dried by blading, discing, or harrowing to hasten the drying process. * END OF SECTION 02223 • Domestic Waterline Improvements E-13 and E-14 TRENCHING,BACKFILLING AND COMPACTING P:\092M134-0 29 -090011D=\Spa Spe 100\2502223 Twp bngB dAling.d. 02223-8 • SECTION 02315—JACKED CASING PART1 -GENERAL 1.1 GENERAL A. Description-This section describes tunneling using jacked steel casing. This section also describes carrier pipe installation within the steel casing. B. Submittals 1. Shop drawings shall be submitted in accordance with the Section 01300 and the following. 2. Submit manufacturer's mill specification sheet listing diameter,thickness, and class of steel used in making the casing, and the mill certification. 3. Submit drawings showing the location of approach trench,jacking pit,tunnel and receiving pit,and joint type for both casing and carrier pipe. 4. Submit a tunnel construction schedule which includes casing installation,carrier pipe installation, approach trench backfill,and receiving pit backfill. • 5. Submit an engineered shoring plan for the bore-pit and receiving-pit. Shoring submittals shall be wet-signed and stamped by a California-licensed Civil or Structural Engineer. C. Permits -All work shall conform to the specifications and requirements of Orange County Flood Control District and the City. Contractor shall secure all required permits for construction of casing pipe installation. D. Scheduling-If the pipeline is not installed within the casing as a continuous operation following completion of the jacking of the casing,the casing portals shall be bulkheaded and the approach trenches backfilled and later reopened for pipe installation. E. Line and Grade -Contractor shall continuously survey jacked casing for conformance with design line and grade. PART 2 -MATERIALS 2.1 Steel Casing A. Materials: Steel casing shall be ASTM A 283, Grade C,ASTM A 570 Grade 30, 33, and ASTM A-36 unless noted otherwise. The minimum inside diameter and wall thickness of the casing shall be as shown on the drawings. Greater casing thickness and diameter may be used as convenient for the method of work and loadings involved, as suitable for the site and as limited • by possible interferences,but at no additional cost to Owner. Domestic Waterline Improvements E-13 and E-14 JACKED CASING P:W290\134-0 290-0 Wl\Docs\SPecsZS wlMUS02315 JecWd C sing.do 02315-1 B. Contractor shall choose a size of casing at or above the minimum specified, in order that the • jacking may be done with a sufficient degree of accuracy to permit installation of the carrier pipe to the grades shown on the plans. C. Joints and Welding: Casing sections shall be joined by full circumference welding. Field welds shall be full-penetration bevel welds in accord with the standards of quality as set forth in the specifications of the American Welding Society. All welding shall be performed by skilled welders qualified under the provisions of ANSI AWS D1.1. Welder qualifications shall be certified by an independent local, approved testing agency not more than 6 months prior to commencing work. Prepare ends of casings for proper bevel weld by providing a 45-degree bevel on the end of one of the two casing pieces being joined. 2.2 Casing Seals-Casing seals shall be 1/8-inch-thick synthetic,rubber, designed to fit snugly around pipe and casing. Casing seals may be one piece with no field seams or the wrap-around style to facilitate installation after the casing and carrier pipe are already installed. Seamless style are preferred. Bands and hardware for attachment to pipe and casing OD shall be stainless steel. 2.3 Grout-Grout shall consist of one part Portland cement, four parts sand,2%bentonite by weight of the cement,and sufficient water to produce a workable mixture. Portland cement, sand shall be of such fineness that 100%will pass a standard No.8 sieve and at least 45%, by weight,will pass a standard No. 40 sieve. Bentonite shall be a commercially-processed powdered bentonite, Wyoming type, Black Hills, or approved equal. • 2.4 Grout Connections -The contractor shall provide 1-inch diameter threaded steel half-couplings on the inside of the casing pipe. Unless noted otherwise in the plans or specifications, grout connections on the casing pipe shall be provided near the top of the casing.Longitudinal spacing between grout connections along the axis of the casing pipe shall be no greater than 60 inches. This spacing may be decreased to provide more frequent grouting,but in no case shall the spacings shown on the drawings or specifications be exceeded. PART 3 -EXECUTION 3.1 Safety-The boring and jacking work shall be done in conformance with the State of California's requirements. It shall be the Contractor's responsibility to call the required safety meeting with representatives from the State Division of Industrial Safety prior to beginning of construction of each bore. 3.2 Jacking Pit A. Excavation Protection: The approach trench for jacking or boring operations shall be adequately shored to safeguard existing substructures and surface improvements and to ensure against ground movement in the vicinity of the casing portal. B. Structural Support for Jacking Equipment: Heavy guide timbers,structural steel,or concrete • cradle of sufficient length shall be placed in the approach trench of the jacking pit and firmly Domestic Waterline Improvements E-13 and E-14 JACKED CASING P:109290\130-09290A9001\Dogs\Spe Spe 10012502315 JacW Cawn9.do 02315-2 bedded on the required line and grade to provide accurate control of jacking alignment. • Adequate space shall be provided to permit the insertion of the lengths of casing to be jacked. The structure of timbers and structural steel sections shall be anchored to ensure action of the jacks in line with the axis of the casing. A bearing block consisting of a timber or structural steel framework shall be inserted between the jacks and the end of the casing to provide uniform end bearing over the perimeter of the casing and distribute the jacking pressure evenly. 3.3 Sectional Shield or Jacking Head A. Equipment: A sectional shield or steel jacking head shall be attached to the leading section of the casing to extend around the outer surface of the upper two-thirds of the casing and to project at least 18 inches beyond the driving end of the casing. The sectional shield or-jacking head shall not protrude more than 1/2-incb outside of the outer casing surface. The head shall be anchored to prevent any wobble or alignment variation during the jacking operation. B. Removal of Excavated Material: To avoid loss of ground outside the casing, excavation shall be restricted to the least clearance necessary to prevent binding and shall be carried out entirely within the jacking head and not in advance of the head. Excavated material shall be removed from the casing as jacking progresses and no accumulation of excavated material within the casing will be permitted. 3.4 Control of Alignment and Grade-Application of jacking pressure and excavation of material ahead of the casing as it advances shall be controlled to prevent the casing from becoming • earthbound or deviating from the required line and grade shown on the Plans.Allowable grade deviations in horizontal and vertical alignments shall be no greater than 0.5 feet overall. Do not encroach upon the minimum annular space detailed. 3.5 Grouting Exterior of Casing-Immediately after completion of the jacking or boring operation, grout shall be injected through the grout connections in such a manner as to completely fill all voids outside the casing pipe resulting from the jacking or boring operation. Where loss of ground outside the casing is suspected, additional grout connections shall be welded to the casing. Grout pressure shall be controlled so as to avoid deformation of the casing and/or avoid movement of the surrounding ground. After completion of grouting,the grout connections shall be closed with extra heavy black steel threaded plugs. 3.6 Installation of Carrier Pipe A. Insertion of Carrier Pipe: After grouting the exterior of the casing pipe, the interior shall be cleaned and the carrier pipe installed. The carrier pipe shall be installed on two (2) skids of sufficient dimension to prevent the pipe bells from touching the casing pipe and to allow for proper alignment of the carrier pipe to meet the specified grade. B. Securement: The top of the carrier pipe shall be blocked to prevent flotation. The carrier pipe shall be secured in a manner satisfactory to the Owner's Representative to prevent floating and subsequent change of grade. • Domestic Waterline Improvements E-13 and E-14 JACKED CASING P'%09290\134-09290-09001\D=c Spems pecs10012502315 Jacked Casing.d= 02315-3 • C. Pipe Skids and Blocking: Skids and blocking shall be redwood, bevel cut to prevent bending during installation of the carrier pipe, and notched so that the securing bands will be recessed within the wood. Skids and blocking shall be secured to the carrier pipe with stainless steel bands at each end of the pipe and at mid-sections if the carrier pipe segment is over ten(10) feet long. D. Grade Adjustment: The carrier pipe grade shall be adjusted as required by changing the thickness of the redwood skids to compensate for any grade variations of the casing pipe. Wood skids shall be used in all cases. Care should be taken to ensure that the carver pipe does not come in contact with and is insulated from the casing pipe. E. Failure to Achieve Required Grade: If the alignment of the casing pipe is such that the carrier pipe grade cannot be met, the grade of the casing pipe shall, if required by Owner, be adjusted. If realignment is not deemed feasible by Owner, another casing pipe meeting the required grade shall be installed. The abandoned casing pipe shall be filled with sand and the ends plugged with twelve (12) inch thick masonry plugs. Realignment or replacement work shall in no way result in additional costs to Owner. F. Testing: Before backfilling the jacking and receiving pits, the carrier pipe shall have passed an initial pressure or leakage test. 3.7 Closing the Jacking Pit and Receiving Pit A. Closing the Jacking Pit and Receiving Pit: After jacking equipment and muck from the tunnel • have been removed from the approach trench of jacking pit, the bottom of the jacking pit shall be prepared as for a pipe foundation. Remove all loose and disturbed material below pipe grade to undisturbed earth. B. Backfill: The jacking pit and receiving pit represent overwidth trench conditions. Backfill shall as specified in Section 02223: Trenching,Backfilling, and Compacting. * END OF SECTION • Domestic Waterline Improvements E-13 and E-14 JACKED CASING P.1092901136-09290-09001\Do %Sp.ms Sp 100\25 02315 Jnkad C sinB.do. 02315-4 • SECTION 02578—PAVEMENT REMOVAL AND REPLACEMENT PART1 -GENERAL 1.1 DESCRIPTION-This section describes materials,testing, removal, and replacement of asphalt concrete pavement, seal coat, aggregate base course,prime coat,tack coat,and portland cement concrete surfaces. PART 2-MATERIALS 2.1 shalt Concrete Paving-_Asphalt concrete paving shall be type III-C2-AR-4000 as listed in Section 400-4 of the Greenbook, for dense grade paving. 2.2 Asphalt-Asphalt shall be viscosity grade AR 4000. Asphalt content in the pavement shall be 5.5%to 6.5%. 2.3 Aggregate for Asphalt Concrete-Aggregate shall be in accordance with Sections 400-1.1 and 400-1.2 of the Greenbook. 2.4 Aggregate Base Course-Aggregate base shall be crushed aggregate base as specified in Section 400-2 of the Greenbook. • 2.5 Prime Coat-All aggregate base areas to be paved over shall receive prime coat. Prime coat shall be medium curing(MC-70)in accordance with Section 302-5.3 of the Greenbook. 2.6 Tack Coat-Tack coat shall conform to Section 302-5.4 of the Greenbook. PART 3 -EXECUTION 3.1 Pavement Removal A. Asphalt Concrete Pavement Cutting Requirements: Asphalt concrete pavement shall initially be cut with a pavement cutter or other equipment at the limits of the excavation before the pavement is removed. After backfilling and compacting the trench/excavation, asphalt concrete pavement shall be saw cut to a minimum depth of 2-inches at a point not less than 4-inches outside the limits of the excavation or the previous pavement cut, whichever is greater, and the additional pavement removed. If the cut is within 3-feet of an existing joint or curb and gutter, the asphalt concrete pavement shall be replaced to the joint or curb and gutter. B. Portland Cement Concrete Pavement Cutting Requirements: Concrete pavement,cross gutters, curbs and gutters, sidewalks, or driveways, shall be saw cut to a minimum depth of 1-1/2-inches at a point 1-foot beyond the edge of the excavation and the strip of improvement removed. Concrete pavement may initially be cut at the limits of the excavation by other methods prior to removal and the saw cut made after backfilling the excavation. If the saw cut falls within 3-feet of a concrete joint or pavement edge, the concrete shall be removed and replaced to the joint or edge. • C. Disposal of Material:All pavement and other improvements removed shall be disposed of off the site. The cost of such disposal shall be included in the appropriate bid item. Domestic Waterline Improvements E-13 and E-14 PAVEMENT REMOVAL AND REPLACEMENT P.MZ90 IM3 29D-09001\Dow SpecslSp M10025 02578 Pavement R and RAI= 02578- 1 D. Final Pavement Saw Cuts:Final pavement saw cuts shall be straight along both sides of the trench,parallel to the pipeline alignment, and provide clean, solid, vertical faces free from loose material. Adjoining pavement which has been damaged or disturbed shall also be saw cut and removed. Saw cuts shall be parallel to the pipeline alignment or the roadway centerline or perpendicular to same. 3.2 Pavement Replacement A. General:-Producing,hauling,placing, compacting, and finishing of asphalt concrete shall conform o Section 302-5 of the Standard Specifications for Public Works Construction. Seal coat shall be applied to all new asphalt concrete paving, except open grade asphalt concrete. B. Base Course,Final Course and Striving: The final asphalt surface course shall be at least 1-inch thick and shall be placed within a period of two weeks after placement of base course. Permanent striping shall be applied within one week after placement of final surface course. 3.3 Preparation of Subgrade-Subgrade shall be excavated and shaped to line, grade, and cross section.The top 18-inches of subgrade shall be removed and recompacted to 95%relative compaction.All soft material disclosed by the compacting effort shall be removed and replaced. The finished subgrade shall be within a tolerance of+/-0.08 of a foot of the grade and cross section shown, smooth and free from irregularities and at the specified relative compaction.The subgrade shall be considered to extend over the full width of the aggregate base course. 3.4 Placing Aggregate Base-Aggregate base shall be placed to thickness of 6-inches. Aggregate base shall be compacted to 95%relative compaction and installed in accordance with Section • 301-2 of the Greenbook. 3.5 Placing Prime Coat-Prime coat shall be applied to the surface of the final aggregate base course at the rate of 0.25 gallon per square yard per Section 302-5 of the Greenbook 3.6 Placing Tack Coast-Tack coat shall be applied at the rate of 0.05 gallons per square yard to the surfaces to receive finish pavement per Section 302-5.4 of the Greenbook. Tack coat shall be applied to existing asphalt,metal,or concrete surfaces that will be in contact with new asphalt concrete paving. 3.7 Placing-Asphalt Paving-Asphalt paving shall be applied to the thickness of 4-inches. Asphalt paving shall be installed in accordance with Section 302-5 of the Greenbook. 3.8 Compaction of Base and Leveling Courses -Compaction and rolling of base and leveling courses shall begin at the outer edges of the surfacing continue toward the center. Water shall be applied uniformly throughout the material to provide moisture for obtaining the specified compaction. Each layer shall be compacted to the specified relative compaction before the next layer is placed. 3.9 Surface Tolerance -Finished AC surface shall be 1/8"to 1/4"higher than the adjacent, existing street surface. 3.10 Concrete Curbs,Gutters,and Sidewalks -Concrete curbs, gutters, and sidewalks shall be replaced in-kind. • *END OF SECTION 02578 Domestic Waterline Improvements E-13 and E-14 PAVEMENT REMOVAL AND REPLACEMENT P:\08290N34-09290080011Dom\S m\,Sp mlD0125 02578 Pa"rrent R and R.d= 02578-2 SECTION 02646-PVC PRESSURE DISTRIBUTION PIPE PART1-GENERAL 1.1 DESCRIPTION This section includes materials, installation, and testing of polyvinyl chloride(PVC) distribution pipe. 1.2 APPROVED MANUFACTURERS A. J-M Manufacturing B. Vinyltech C. P W Pipe D. Certainteed 1.3 REFERENCE STANDARDS A. Conform to AWWA C-900, "Polyvinyl Chloride (PVC) Pressure Pipe,4 inches through 12 inches for Water Transmission and Distribution,"unless noted otherwise below. • B. Conform to AWWA C905, 'Polyvinyl Chloride (PVC) Pressure Pipe, 14-inch through 48- inch for Water Transmission and Distribution,"unless noted otherwise below. PART 2-MATERIALS 2.1 PVC PIPE A. Type of PVC Pipe: PVC pipe shall be extruded from 12454 A or B compound providing a hydrostatic design basis (HDB) of 4000 psi in accordance to AWWA C-900 and C-905. Pipe shall have cast iron outside diameters. B. Pipe Class or Working Pressure: AWWA C-900 PVC pipe shall be Class 150(DR-18)or as specified on approved drawings. C. The pipe shall have gasket bell end or plain end with elastomeric gasket coupling. The bell and coupling shall be the same thickness as the pipe barrel,or greater. D. The rubber ring groove in the coupling shall be the same design as the groove in cast iron fittings and valves available from local water works supply distributors. E. Laying lengths shall be 20 feet with the manufacturer's option to supply up to 15% random (minimum length 10 feet). • F. Each pipe length shall be marked showing the nominal pipe size and O.D. base, the AWWA pressure class, and the AWWA specification designation. For domestic water application, Domestic Waterline Improvements E-13 and E-14 PVC PRESSURE DISTRIBUTION PIPE P.M290\134-0290-080011Da 'Spe \Sp.10012502648 PVC Pressure Ptp .ft" 02646-1 the seal of the testing agency that verified the suitability of the material for such service shall • be included. 2.2 FITTINGS A. Fittings 3-inch to 24-inch shall be ductile-iron conforming to the requirements of AWWA C110, Class 350. PVC pipe fittings are not allowed B. All castings shall be marked Cl/PVC AWWA CI 10. C. Restrained System: Restrained joints shall be provided by a clamping ring and an additional ring designed to seat on the bell end of the pipe. The rings shall be connected with T-Head bolts or rods. Retraining devices shall provide full (360 degree) support around the circumference of the pipe.No point loading shall be permitted. Restraint of mechanical joint fitting shall be provided by a clamping ring installed on the PVC pipe and connected to the mechanical joint fitting with T-Head bolts or rods. D. Restraining devices shall meet or exceed the requirements of UNI-Bell B-13 "Recommended Standard Performance Specification for Joint Restrainers for Use with PVC Pipe." E. Restraining devices shall be Ford UNI-Flange Series 1500,or Ebba Tm-Dual Series 1500 or approved equal with stainless steel bolts. External Restraint System shall be thoroughly coated with bitumastic and wrapped with polyethylene encasement prior to backfill. • F. All buried steel parts shall be sand blasted in accordance wit the coating manufacturer's technical data sheet for"submerged" service and coated with a two coat epoxy. Epoxy shall be Tnemac Series 66 or equal. All bolts and tie rod materials shall be either high strength cast iron containing a minimum of 0.5% copper or high-strength, low alloy steel, as specified in AWWA C-111 for buried mechanical joints. 2.3 RUBBER RINGS Rubber rings for use in the PVC couplings and fittings shall conform to the requirements of ASTM D 1869. 2.4 LUBRICANTS Lubricant for pipe insertion shall be food grade,and biodegradable. 2.5 POLYETHYLENE ENCASEMENT All ductile iron fittings shall be encased in 8-mil (0.008 inch) polyethylene film per AWWA C105IA21-5-88 guidelines at the time of installation. The polyethylene encasement should be bunched loosely around the fitting. The installed polyethylene sheet must be inspected by Owner just prior to backfilling with clean sand. PART 3-EXECUTION 3.1 GENERAL Domestic Waterline Improvements E-13 and E-14 PVC PRESSURE DISTRIBUTION PIPE P.'M290\134-09290-09001\D..sSpes Spe lo0\2502666PVC PressurePip Aoc 02646-2 • A. Contractor shall install all pipe, closure sections, fittings, valves, and appurtenances shown on the Plans, including pipe supports,bolts,nuts, gaskets,and jointing materials. B. At all times when the work of installing pipe is not in progress, all openings into the pipe and the ends of the pipe in the trenches or structure shall be kept tightly closed to prevent the entrance of animals and foreign materials. Contractor shall maintain the inside of the pipe clean,sanitary, and free from foreign materials until its acceptance by the Owner. C. Where closure sections are required by the contractor's installation operations, the sections shall be installed in accordance with the applicable sections of these specifications. D. The pipe sections shall be laid in the trench to true alignment and grade in accordance with the drawings. E. The pipe deflection at the joint shall not exceed 1.5 degrees or the maximum deflection recommended by the manufacturer. No deflection of the joint shall be allowed for joints which are over belled or not belled to the stop mark. 3.2 INSTALLATION A. Trenching, backfilling, and compacting shall be in accordance with Section 02223 and as specified herein. B. Proper care shall be used to prevent damage in handling, moving, and placing the pipe. • Tools and equipment used by Contractor shall be fully functional and in a condition satisfactory to Owner. C. Contractor shall take all necessary precautions to prevent the pipe from floating due to water entering the trench from any source; shall assume full responsibility for any damage due to this cause; and shall pay for and perform the work to restore and replace the pipe to its specified condition and grade if any displacement occurs due to floating. D. Place and compact a minimum of 4 inches of imported sand for the pipe bedding per Section 02223. E. Excavate bell holes at each joint to permit proper assembly and inspection of the entire joint. F. Pipe shall be cut by a method recommended in the pipe manufacturer's installation guide, as approved by the Owner. When pipe is cut and is to be joined to a cast-iron fitting or another piece of pipe the end shall be beveled in the field or place of manufacture to create a beveled end equal in quality to the machined ends of the pipe as furnished by the manufacturer. Such machining shall not result in undercutting the wall thickness and must be approved by the Owner before installation. G. All connecting parts of pipe,rings,couplings,and castings shall be cleaned before assembly. After bearing has been obtained, couplings shall be assembled in a proper manner (as determined by Owner). The use of excessive lubricant will not be permitted, and the assembly of the couplings and rings shall be in accordance with the manufacturer's • recommendations. Lubricant and rubber rings shall be supplied by the pipe manufacturer. All fittings and valves shall have joints that match the type of adjoining pipe. Domestic Waterline Improvements E-13 and E-14 PVC PRESSURE DISTRIBUTION PIPE P:\09290\136-09290-09001\Doca\Spers Sm%100\25 02646 PVC Pressure Pipe.Com 02646-3 H. All fittings and valves shall be supported so that the pipe is not subjected to the weight of these appurtenances. I. Concrete thrust blocks of the size shown on the Plans and as specified herein shall be provided at the location of all cast-iron fittings,valves, fire hydrants,and end of line plugs. J. Imported sand shall be used for backfill within the pipe zone per Section 02223. K. Native earth backfill shall be placed and compacted within the trench zone in accordance with Section 02223. All backfill within 24 inches of a valve shall be clean,washed sand. 3.3 COMBINATION AIR AND VACUUM RELIEF VALVES A. Air release valve assemblies and combination air and vacuum valves shall be installed at each point in the pipeline as shown on the drawings or as specified by Owner. B. The tap for the air valves shall be made in a level section of pipe no closer than 18 inches to a bell, coupling,joint,or fitting. C. Air release valve assemblies shall be installed in accordance with the Plans. 3.4 BLOW-OFF ASSEMBLIES A. Either in-line type or the end-of-line type blow off assemblies shall be installed in • accordance with the standard drawings at locations noted on the plans and at such additional locations as required by Owner for removing water or sediment from the pipeline. B. The assembly shall be installed in a level section of pipe. C. The tap for blowoff in the line shall be no closer than 18 inches to a valve, coupling,joint, or fitting. I, D. Blow-offs shall not be connected to any sewer, submerged in any stream, or installed in any manner that will permit back siphoning into the distribution system. E. Blow-offs shall be installed in accordance with the Plans. 3.5 PIPE IDENTIFICATION Detectable warning tape shall be installed on all domestic water pipelines. The pipe identification shall be in accordance with Section 15151. 3.6 SERVICE CONNECTIONS A. Service Connections: Direct tapping will not be permitted. Double strap bronze service clamps shall be used for all service connections. Service clamps shall have a bearing area of sufficient width along the axis of the pipe, so that the pipe will not be distorted when the saddle is made tight. An internal shell cutter shall be used to drill through the corporation • stop to minimize PVC shavings, retain the coupon, and reduce stress. Single fluted shell cutters or twist drills are not acceptable. Lubricate the cutting and tapping edges of the tool Domestic Waterline Improvements E-13 and E-14 PVC PRESSURE DISTRIBUTION PIPE P.\09290{134-09290-090011D \Sp.m'Sp .l00125 02646 PVC Pressure Ni A. 02646-4 with cutting lubricant.Make the cuts slowly and use the follower very lightly. Do not force • cutter through pipe wall. Shell cutter shall have sufficient throat depth to handle the heavy wall PVC pipe.Maximum outlet size permitted with service clamps or saddle is 2 inches. B. Tapping sleeves and valves shall be used for all outlet sizes greater than 2 inches in diameter. Tapping sleeves shall be assembled and installed in accordance with the manufacturer's recommendations. 3.7 CONNECTIONS TO EXISTING WATER LINES The Contractor shall locate all underground improvements and install the pipelines to the depths shown on the drawings. Where the new work is to be connected to existing pipelines, the Contractor shall make its arrangements with the serving utility well in advance of the connections, to allow adequate time for dewatering of the existing line, if necessary, and shall expedite the work to minimize water outages to the users.Where sections of existing distribution mains are taken permanently out of service and abandoned in place, the cut ends shall be plugged solid with concrete to a depth of not less than one pipe diameter. 3.8 THRUST BLOCKS A. Thrust blocks shall be constructed where shown on the drawings, or where directed by Owner and as specified herein. In general, thrust blocks will be placed at all angles greater than 5 degrees,at changes in pipe size,at fittings,at hydrant ells, and at valves. B. The area and design of the bearing surface shall be per the Plans. • C. The bearing surface shall be against undisturbed ground in all cases, except where unstable conditions are encountered. In unstable conditions, the bearing surface shall be as directed by the Owner. D. Unless otherwise directed by Owner, the blocking shall be placed so that the pipe and fitting joints are accessible for repair. E. Metal harness of tie rods and pipe clamps shall be used to prevent movement if shown on the plans or directed by Owner. F. Exposed non-steel rods and clamps shall be coated with bituminous mastic.. G. Reinforcing steel tie-down rods shall be used on all line valves. H. The depth of thrust blocks below valves shall conform with the size of the valve and shall be cut into the side of the trench a minimum of 12-inches on each side. I. Concrete for thrust blocks shall be 560-0-3250. 3.9 CHLORINATION All domestic water pipelines shall be chlorinated in accordance with Section 02666 prior to connection to the existing distribution system. • Domestic Waterline Improvements E-13 and E-14 PVC PRESSURE DISTRIBUTION PIPE P:109290Y134-09290-09001�Doc SP WSpe 1002502646 PVC Prewum Pi".do 02646-5 3.10 HYDROSTATIC TESTING • All pipelines shall pass a hydrostatic pressure test in accordance with Section 02666. "END OF SECTION 02646 • Domestic Waterline Improvements E-13 and E-14 PVC PRESSURE DISTRIBUTION PIPE P:we29MI34-o9290. 0010�Zp�S�100\25 02US we P enum Pic .do 02646-6 SECTION 02666-WATER PIPELINE TESTING AND DISINFECTION PART 1—GENERAL 1.1 DESCRIPTION Contractor shall perform flushing and testing of all pipelines and appurtenant piping and disinfection of all pipelines and appurtenant piping for potable water, complete, including conveyance of test water to point of use and all disposal thereof, all in accordance with the requirements of the Contract Documents. 1.2 REFERENCE SPECIFICATIONS, CODES,AND STANDARDS Commercial Standards: ANSI/AWWAB300 Hypochlorites. ANSFAWWA B301 Liquid Chlorine. ANSFAWWA C651 Disinfecting Water Mains. 1.3 CONTRACTOR SUBMITTALS A testing schedule, including proposed plans for water conveyance, control, disposal, and disinfection shall be submitted in writing for approval a minimum of 48 hours before testing is to start. PART2—PRODUCTS 2.1 MATERIAL REQUIREMENTS A. All test equipment, chemicals for chlorination, temporary valves, bulkheads, or other water control equipment and materials shall be determined and furnished by the Contractor subject to the Engineer's review. No materials shall be used which would be injurious to the construction or its future function. B. Chlorine for disinfection shall be in the form of liquid chlorine, sodium hypochlorite solution, or calcium hypochlorite granules or tablets. 1. Liquid Chlorine Solution: Liquid chlorine solution shall be in accordance with the requirements of ANSI/AWWA B301, and shall be injected with a solution feed chlorinator and a water booster pump. 2. Calcium Hypochlorite (Dry): Calcium Hypochlorite shall be in accordance with the requirements of ANSUAWWA B300, and shall be dissolved in water to a known concentration in a container and pumped into the pipeline at a measured rate. • Domestic Waterline Improvements E-13 and E-14 WATER PIPELINE TESTING AND DISINFECTION P:10929M130-0928009007Tacs15Pa SP mlo0i2S 02668 Teat.n Oisiffe .dx 02666-1 3. Sodium HWochlorite (Solution): Sodium Hypochlorite shall be in accordance with • the requirements of ANSFAWWA B300, and shall be diluted in water to desired concentration and pumped into the pipeline at a measured rate. C. Liquid chlorine shall be in accordance with the requirements of ANSFAWWA B301. Liquid chlorine shall be used only: 1. In combination with appropriate gas flow chlorinators and ejectors; 2. Under the direct supervision of an experienced technician; 3. When appropriate safety practices are observed. D. Chlorine Residual Test Kit For measuring chlorine concentration, a medium range, drop count, titration kit or an orthotolidine indicator comparator with wide range color discs shall be used. The kit shall be capable of determining chlorine concentration in the range 1.0 to 25 mg/L. Test kits shall be Hach Chemical, Hellige, or approved equal. An adequate number of kits shall be maintained by the Contractor in good working order and available for immediate test of residuals at points of sampling. PART 3—EXECUTION • 3.1 GENERAL A. Unless otherwise specified herein or directed by Owner, the maximum allowable length of pipeline to be tested at a given time will be one mile. The Contractor shall provide a temporary bulkhead at the end of this length for testing purposes. In addition, the maximum allowable elevation difference on the length of pipeline to be tested shall not exceed 100 feet. B. Water for testing and disinfecting water pipelines will be the Contractor's responsibility. Water can be obtained from Owner free of charge for the initial test only. Contractor will be required to purchase water required for retests. C. All pressure pipelines shall be tested. Disinfection shall be accomplished by chlorination. All chlorinating and testing operations shall be performed in the presence of the Engineer. D. Disinfection operations shall be scheduled by Contractor as late as possible during the contract time period so as to assure the maximum degree of sterility of the facilities at the time of Work is accepted by Owner. Bacteriological testing shall be performed by a certified testing laboratory approved by Owner and at the expense of the Contractor. Results of the bacteriological testing shall be satisfactory with the State Department of Health or other appropriate regulatory agency. 3.2 HYDROSTATIC TESTING OF PIPELINES • A. Prior to hydrostatic testing, all pipelines shall be flushed or blown out as appropriate. The Contractor shall test all pipelines either in sections or as a unit. No section of the pipeline Domestic Waterline Improvements E-13 and E-14 WATER PIPELINE TESTING AND DISINFECTION P:we29OA134-0e2e0-0e001\D=Spa<sk$mmlW\25 02Ws rant aaa omii d.a 02666-2 shall be tested until all field-placed concrete or mortar has attained an age of 14 days. The • test shall be made by closing valves when available, or by placing temporary bulkheads in the pipe and filling the line slowly with water. The Contractor shall be responsible for ascertaining that all test bulkheads are suitably restrained to resist the thrust of the test pressure without damage to, or movement of, the adjacent pipe. Any unharnessed sleeve- type couplings, expansion joints, or other sliding joints shall be restrained or suitably anchored prior to the test, to avoid movement and damage to piping and equipment. The Contractor shall provide sufficient temporary air tappings on the pipelines to allow for evacuation of all entrapped air in each pipe segment to be tested. After completion of the tests, such taps shall be permanently plugged. Care shall be taken to see that all air vents are open during filling. B. The pipeline shall be filled at a rate which will not cause any surges or exceed the rate at which the air can be released through the air valves at a reasonable velocity and all the air within the pipeline shall be properly purged. After the pipeline or section thereof has been filled, it shall be allowed to stand under a slight pressure for at least 24 hours to allow the concrete or mortar lining, as applicable, to absorb what water it will and to allow the escape of air from any air pockets. During this period,bulkheads, valves, and connections shall be examined for leaks. If leaks are found, corrective measures satisfactory to the Engineer shall be taken. C. The hydrostatic test shall consist of holding the test pressure on the pipeline for a period of 4 hours. The test pressure for distribution and transmission pipeline shall be 200 psi for the highest point in the section of pipeline being tested All visible leaks shall be repaired in a manner acceptable to Engineer. • D. The maximum allowable leakage for distribution and transmission pipelines shall be 10 U.S. gallons per inch of diameter per mile of pipe per 24 hours for pipe with 40 feet or greater lengths between joints and with rubber-gasketed joints and 20 U.S. gallons per inch of diameter per mile of pipe per 24 hours for pipe with 20 feet or less lengths between joints and with rubber-gasketed joints. Pipe with welded joints shall have no leakage. In the case of pipelines that fail to pass the prescribed leakage test, the Contractor shall determine the cause of the leakage, shall take corrective measures necessary to repair the leaks,and shall again test the pipelines. 3.3 DISINFECTING PIPELINES A. General: Before being placed into service, all pipelines and appurtenances shall be chlorinated. Pipelines shall be disinfected by direct chlorine solution injection. Bacteriological testing after disinfection shall be performed by Owner or Owner-approved laboratory. B. Chlorination Contractor: Chlorination shall be performed by a Certified Chlorination and Testing Contractor. Chlorination shall be in accordance with the instructions of the chlorinator manufacturer. C. Groundwater: In the event groundwater is encountered and it is impossible to prevent its entrance into the mains, or the mains are not free from dirt, they shall be thoroughly flushed prior to disinfection. Disinfection shall be by direct chlorine solution injection. • Domestic Waterline Improvements E-13 and E-14 WATER PIPELINE TESTING AND DISINFECTION P:M290�134-092W. sW 100 tS��S�mlOO\ss 02666 rest a, Dtshnf�.e 02666-3 • D. Services: Every service connection served by a main being disinfected shall be tightly shutoff at the curb stop before water is applied to the main. Care shall be taken to expel all air from the main and services during the filling operation. E. Pipeline Flushing: Before chlorinating pipeline, flush pipes with water to remove dirt and debris. Maintain a flushing velocity of at least 3 feet per second. Flush pipes for a minimum of the time period calculated from the formula: T=2/3L in which: T=flushing time in seconds L=pipe length in feet F. Chlorine Solution Injection by the Continuous Feed Method 1. Chlorine solution shall be applied by means of a vacuum-operated chlorinator and a booster pump or a sufficiently pressurized source of water to provide an adequate flow to operate the eductor system and properly disperse the chlorine solution. Direct-feed chlorinators, which operate from gas pressure in the chlorine cylinder, without a vacuum regulator, shall not be used for application of a chlorine solution. 2. Chlorine solution shall be applied at the beginning of the section to be chlorinated and shall be injected through a corporation stop, a hydrant, or other approved connection to ensure treatment of the entire system being disinfected. All required corporation stops and other plumbing materials necessary for chlorination or flushing of the main • shall be installed by Contractor. 3. Potable water shall be introduced into the pipeline at a constant measured rate. Chlorine solution shall be injected into the potable feed water at a measured rate. The two rates shall be proportioned so that the chlorine concentration in the pipeline is maintained at a minimum concentration of 50 mg/L to 100 mg/L, with a chlorine residual of 25 mg/L after 24 hours in the pipe. The concentration at points downstream shall be checked periodically during the filling to ascertain that sufficient chlorine is being added. G. Disinfection of Valves and Appurtenances: During the period that the chlorine solution or slug is in the section of pipeline, valves shall be opened and closed to obtain a chlorine residual at hydrants and other pipeline appurtenances. Care shall be taken to ensure that no chlorinated water enters any active pipeline. H. Concurrent Testing (for Pipelines with Diameter of 10-inches or Less): Disinfecting mains and appurtenances, and hydrostatic testing may run concurrently for the required 24-hour test period. In the event there is leakage and repairs are necessary,disinfection of the pipeline shall be repeated by injection of chlorine solution into the line as provided in this section. I. Confirmation of Residual: After the chlorine solution applied by the continuous feed method has been retained in the pipeline for 24 hours, samples shall be taken at air valves and other points of access to confirm that a chlorine residual of 25 mg/L minimum exists along the pipeline. • Domestic Waterline Improvements E-13 and E-14 WATER PIPELINE TESTING AND DISINFECTION P'.=M\131-092WAeW1\Docs4Sm=kSp ml W12502666TmiaM DisVdi .do= 02666-4 With the slug method, samples shall be taken as the slug passes each access point and as it • leaves the pipeline in order to confirm that a chlorine residual of 25 mg/L minimum is present. J. Bacteriologic Tests: One sample shall be collected at each air-release valve or for each mile where valve intervals are greater, and delivered to the Owner within six hours. A bacteriologic quality test will be performed by Owner to demonstrate the absence of coliform organisms in each separate section of the pipeline after chlorination and refilling. K. Repetition of Procedure: If the initial chlorination fails to produce required residuals and bacteriologic tests, chlorination and testing shall be repeated until satisfactory results are obtained. L. Pipeline Flushing: After confirming the chlorine residual, excess chlorine solution shall be flushed from the pipeline until the chlorine concentration in the water leaving the pipe is within 0.5 mg/L of the replacement water. M. Test Facility Removal: After satisfactory disinfection, air valves shall be replaced, the pipe coating restored, and temporary disinfection and test facilities removed. 3.4 CONNECTIONS TO EXISTING SYSTEM Where connections are to be made to an existing potable water system,the interior surfaces of all pipe and fittings used in making the connections shall be swabbed or sprayed with a one percent hypochlorite solution before they are installed. Thorough flushing shall be started as • soon as the connection is completed and shall be continued until discolored water is eliminated. *END OF SECTION 02666 • Domestic Waterline Improvements E-13 and E-14 WATER PIPELINE TESTING AND DISINFECTION P:16929MlU4 92m9NIM).cs S9 SSP M100�26 02666 Tea[and Diwn .tl 02666-5 SECTION 15109-GATE VALVES • PART1 -GENERAL 1.1 DESCRIPTION A. This Section specifies the requirements for Gate Valves. Contractor shall furnish and install gate valves, complete and operable, as shown and specified herein, including manual operators, epoxy coating, and appurtenant work, all in accordance with the requirements of the Contract Documents. 1.2 APPROVED MANUFACTURERS A. American AVK B. Clow Valve Co. C. Crane Valves D. Kennedy Valve E. M&H Valve Company F. Mueller Company 1.3 REFERENCE STANDARDS • A. AWWA C509 Resilient-Seated Gate Valves for Water Supply PART 2-PRODUCTS 2.1 GENERAL A. Gate valves 3 inches through 12 inches shall consist of an iron body, resilient seat, non- rising stem, and double O-Ring stem seal,all in accordance with AWWA C 509. B. All ferrous surfaces of the valves,4-inch and larger, shall be epoxy lined and coated. C. Valve ends shall either be mechanical joint or flanged. PART 3-EXECUTION 3.1 INSTALLATION A. For new installations,valves shall be installed at the locations and configuration shown on the Plans. B. For valve replacements,valves shall be removed either by cutting the adjacent pipe or in the case of ACP,by removing a pipe segment on each side of the existing valve to the • next joint. PVC pipe shall be installed to replace the removed segments of pipe. Domestic Waterline Improvements E-13 and E-14 GATE VALVES P*1092w0134-09280-090010 %Sp.%S8e IOM15109 GATE VALVES.d.. 15109-1 • D. When it is necessary to connect PVC pipe to a flanged valve, a ductile iron flange by push-on adapter shall be used. *END OF SECTION 15109 • Domestic Waterline Improvements E-13 and E-14 GATE VALVES P:\09290\134-09290-09001\Ooc\Spe Speml0o\15109 GATE VALVESE 15109-2 t SECTION 15151 -DOMESTIC WATER FACILITIES IDENTIFICATION • PART I -GENERAL 1.1 DESCRIPTION This section describes special identification, markings, materials and their installation procedures for potable water facilities. All domestic water systems and appurtenances shall be identified as herein described. 1.2 APPROVED MANUFACTURERS WarningTane and Pipe Sleeves A. Thor Enterprises,Inc. B. Griffolyn Company,hie. C. Terra Tape,Division of Reef Industries D. T. Christy Enterprises,Inc. 13 DOMESTIC WATER PIPING • A. All domestic water piping shall be installed with domestic water identification. B. All domestic water piping shall have detectable blue warning tape identifying it as a domestic water line and stating "CAUTION: POTABLE WATER-LINE BELOW." The tape shall run continuously for the entire length of the main line piping. The tape shall be attached to the top of the pipe with plastic tape banded around the warning tape and pipe every 5 feet on center. PART 2-MATERIALS 2.1 BURIED PIPE WARNING TAPE The detectable warning tape shall have a 20 gauge solid aluminum foil core, encapsulated within 2.55mi1 polyethylene backing, and shall be specifically formulated for prolonged underground use. The tape shall be blue with black printing having the words, "CAUTION: POTABLE WATER LINE BELOW." The minimum thickness shall be 4 mils and the overall width of the tape shall be 12 inches. PART 3-EXECUTION 3.1 INSTALLATION OF PIPE WARNING TAPE Warning tapes shall be installed 1-foot above the top of the pipe longitudinally and shall be centered. The warning tape shall be installed continuously for the length of the pipe and shall be fastened to each pipe length by plastic adhesive tape banded around the pipe and warning tape at no more than 5-foot intervals. Taping attached to the sections of pipe before installing in the trench shall have 5-foot minimum overlap for continuous coverage. " END OF SECTION 15151 Domestic Waterline Improvements E-13 and E-14 DOMESTIC WATER FACILITIES IDENTIFICATION P:109290Y139-09280-030011Docs�pecslSp.100TS15151W.Wflineltlen00a .d. 15151-1 CITY OF SAN JUAN CAPISTRANO PART IV - APPENDICES APPENDIX- A - PERMITS • • Domestic Waterline Improvements E-13 and E-14 APPENDIX P:\99290\136.09290-99001\DocelS me Spe X26 Pen N-APPendie .d=